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Home My WebLink About0924 ~ ;.i }Y r z.,.. . ' ~ ~ L'. ~ ti a~Y•ount to {xty auch cht~rgas wben due alwll he {u~id hy Mortgugor to Morlgugec on dt•n?and. If, by mueu~n of uny deL•wlt by 11lortgagor under uny proviaiun ol this Mortgage, Mortgagee declares all aums tsecured herrhy to he due iind {wyable, Mortgng~e nu~y then apply uoy funds in said +iccounl agtiinat the entire indebteclnesa secumd hereby. The enlon~r.~bility of the rnvenants relntina to ta~Yes, ~sseaementa and insurence premiums herein otherwise provided xhalt not be affected except iasotar aa tbaae obligations have bee~ met by compliunce wilh this paragraph. Mortgagee may fron~ time to :ime at its option waive. and utter any such wei~~er reinatate, any or i?11 proviaions hereof requiring such deposita, by notice to Mortgngor in writing. While any such waiver ia in et(ect, Mortgagor shall pay ta:ea, assenementa and ir?surance premiums aus herein elsewhere provided. 4. To prompUy pay all ta:es and usaiasments asaessecl ur levied under and by virtue ot any stnte, (ederel, o~ munici{~:?1 ~ law or regulation hereafter {waeed, ~gainst 111origugee upon thia Mortaage or the deM hereby secured, or upon ita interest under thia Morlgage, provided however. that tbe total amount ao paid tor any such taxea pureuant to this parr~graph togeth- er with the intereet pnyable on aaid indebtedness shall not exceed the higheat lawtul rate ot intetea! in Florida and provided further that in the event ot the pr~ttge ot any auch law or reguletion impoainR a tax or asseaament aguinat 11lortgugee up- on this Morlgage or the debt secured hen~by, thnt the entire indebtednesa secured by this MO~~(AjiP. shalt thereu~wn be- rame immediately due and payable at the option of Mortgagee. 5. To keep the 1?fortgaged Pmperty insured againat lo~s or darnage by tire, and all periis inaured againat by an e:- tended coverage endorsement, and such other rieks and perils as Morlgagee in ita discretiom m~y require. The policy or {?olic•ies of auch inaun~nce shall be in the fotm i~ Renern) uae (rom time to time in the (ocality in which the Mortgaged Property is situated, shall be in such amount aa Mortgagee may reaso~ubly require, ahall be isaued hy a com}xiny or companies approved by Mortgagee, und shall contain a atandard mortgagee clauee with loss payable to Morigagee. When- ever required by Mortgugee, such policiea, shall be delivered immedialely to and held by Mottgagee. Any and al) umounts recei~~ed by D1ortg~gee under any of such policiea way be applied by Mottgagee on the indebtednese secured hereby in auch manner as Mortgagee may, in its aole discretion, elect or, at the option of Mortg~gee, the entire amount so received or nny part thereot may be relefuetl. Neither the application nor the release of any such amouata shall cure or waive any detault_ Upon exemiae o( fhe power o( sale given in this Mortgage or other ncquisition of the 1Nortgaged Property or any parl there- of by Mortgagee, auch policies ahall become the ~6solute property o( Mortgagee. 6. Ta tirst obtuin the written consent of Mortgagee, such consent to he granted or withheld a~t the sole discretion ot Mortgagee, before (a) removing or demoliahing any building now or heieafter erected on the prenises, (b) altering the arrangement, design or struMural character thPreof, (c) mnking nny repniis which involve the removal of structural ~~rts or the ezposurr oi the interior of such building to ihe elementa, (d) cutting or removing or permitting the cutling and re- mo~~al of any trees or timber on the MortgaRed Property, (e) rnmovinq or e:chnnging Any tangiMe persorwl property which is part ot t6e Mortg~ged Property, or (f) entering into or moditying ~ny leases ot the Mortgngecl Properly. To maintain the Mortgaged Property in good condition ~nd repair, including but not limited to the making of such repairs a~s Mortgagee may trom time to time determine to be neces~~ry for the presen~ntion ot the MortgaRed Property ~nd to not cummit or permit any waste thereof. 8. To comply with all laws, ordinun~•es, regulutiuns, c-ovenants, conditions and restrictions a(fecting the tiiortgaged Property, and not to su(fer or permit ~ny violation thereof. 9. I[ MoHg~gorfuils to pay uny claim, lien or encvmbran~^e which is superior to this MortRage, or when due, any tax or assessment or insuranc~e premium, or to keep the Niortgaged Property in re~ir, or sh~ll commit or permit waste, or i( there be commenced any action or proceedinR a(fecting the Morigpged Property or the title thereto, or the interest ot Mortgagee therein, including, bul not limited to, eminent dotnain and bankruptcy or reorganization proceedings, then Mortgagee, at its option, may ~y said claim, lien, ene•umbrance, tIIY, assessment or premium, with right of subn~gation thereunder, may make such re~airs and take such steps ~is it deems advisaMe to prevent or cure such waste, and may apNear in any suc6 action or pra-eeding and retain counsel therein, and take such action therein ae Mortgagee deems :~d- visable, and for any oF such purposes Mortgagee msiy advance such sums ot money, including all costa, rerdsonable attorney's (ees and other itema ot ezE~ense as it deems necessary. Mortgugee ahall be the sole judge of the legality, validity and priority of any such claim, lien, encumbrance, tax, aaseasment and premium and ot the amount neceaeary to be paid in satisiaction ' thereof. Morlgagee stu~ll not be held accountable (or any delay in makinR any such payment, which delay rtk~y result in ~ any additional interest, costa, chargea, ex{x~nses or olherwise. f 10. Mortgagor will {u~y to Mortgagee, immediately and without demand, all suma ot money advanced by MortgaRee ~ to pmtect the security hereof pursuant to this hiortgage, including all c•osts, reuson:~ble attorney's tees and other items of i expense, together wit6 interest on each such advancement at the highest lawful rate of interest {~er annum in the State of ~ Florida, and all such sums and interest thereon sh:~ll he se~•ured hereby. ~ 11. All sums ot mone~• u~vred heret?y shall I~e payable without any mlief w•h:ite~•er .(com any valuation ~~r appr.~ise- ~ ment laws. 12_ It detault be m:ade in ~~yment ot any instalment of princi~xil or interest of the Note or any part thereof when due, or in payment, when due, or ~ny other sum sec•ured hereby, or en performance o( any of Morigagois obligations, coven- ants or agreements hereunder, all of the indebtedness secured hereby shall become and be immediately due and payuWe at the option of MortRagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itael( o[ all rights and remedies, al law or in equity, and this 114ortgage may he toreclosed with ap righta and remedies aftorded by the laws of Florida and blortqagor shaU pay all costa, charges and e:per?ses thereo/~ including a reasonable attorney's fee. including all such costs, expenses and attorney's tees for nny retrial, rehearing or appeals. The indebtedness secured hemby shall bear interest at the high~st lawtul rate of interest per annum in the State of Florida trom and after the date ot any such default ot 141ortgagor. It the Note provides for instalment payments, the Mortqagee may, at its option, collect a late ~ charKe not to ezceed two cents for each one dollar not paid to the Mortg:~Ree when due, to reimburse the 11TortgaRee tor e:penses in collecting and servicing such instalment {raymentg_ ~ ~ 13. If detault be made en payment, when due, ot any indebtednesa serured herehy, or in pertormance of any of MortRagois obliRations, covenants or agreement hereunder: ~ (a) MoHgagee is authorized at any time, without notice, in its sole discre:ion to enter upon and fake possesaion of ~ the Mortgaged Property or any part thereof, to per(orm any acts Mortgagee deems necessary or proper to conserve the ~ security and to collect and receive all rente, iseuea and profits thereof, including those past due as well ns those acrruing ~ thereafter: and (b) Mortgs~qee shall be entitlecl, as a matter ot strict right, without notice and exparte, and without regflrd to the ~ value or occupnne~y ot the security. or the solcency of rtortgagor, or the adequacy of the Mortg~ged Properiy as security (or ~ the Note, to have a recei~•er appointed to enter upon and G-~ke possesaion of the Mortgaged Property, collect the renta and pro(ita therefrom and apply the same as the court may dinrt, auch receiver to have all the righla and powers permitted under the lawa of Florida. In either such case, Mortgagee or the receiver may ~Iso take ~~ossession of, and for theae purpoeea use, any and all ~~ersonal property which ia a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereot or ~ any Frart thereo(. The e:penae (including receiver's fees, couneel [ees, cosfs and agent's .rompeneation) incurred purauant to the powers herein contained ahal! be secured 6ereby. Mortgagee ehall (atter payment of all costa and e:penses incurred) ~ -2- i00K~~ PItCf ~7~".~7 ~ ~ ~ ~