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Home My WebLink About0420 . ~ r , . :~cruunl to ~x?y auch ~•hatgex when due ahaU t~r ~?:~id hy Alortgu~or tu htartgag~r un dem:uid. I!. by m:+sun <?I an}• drL•~uU by 111urtgugur under uny pro~•ission ot /hia Mortguge, 1~lortgt~K~•e d~~.~la~re all sun~s e~•ured henl~y to Ik+ due i~nd p:~y:~bli~, I~lortg++gee ma~y then appiy nny tunda in at~id +~~Y~ouM aR:~inxt the entire indebteclnr.,s ec~•und hereby. Thr enforce.~bilily u( the covenaMa rel~~tiog to tt~xes, asaesxmenle und inaun~nce premiums hernin otherwise provided ahall not t~e a(tected exrn~?t inaotur na thoee obl~Rations have been met by romplinnce with this {x~rugrnph. I~lortgAgee may trom time to time ut ita option waive~ und i+iter a~y auch wniver reinatute, nny or nll pnaviaiune hereof requiring such de~x~sita, by noti~r to Mortgugor in writi~g. While nny Nuch wi~i~•er is in ettert, I?inrlKaBor shall ~wy tz~:ea, nxsraqments and insurnn~w premiums :~s herein elwewhere providcd. 4. To pmmptly puy all taxra and :is4e~menta usscsuuri or leeied under und by ~~irtue ot any slnte, (edrml, or munii•i~~~l It~w o~ rrgulation herea(ter ~>asaed, againelt Mortgagee u~x>n this Mortgage or /he debt hereGy secured, or upon ila inlereet under this 1Nortgi~ge, pro~~ided however, that the tot~l emount so ~~id tor a~ny such tuxc~ purxu+?nt to thia p:+rugu?ph togeth- cr with the interest puyaMe on said indet?tedness atwll not ex~rcd the highest luwtul ratc• ot interest in Florida and provided Curther that in the event o( the {~w~8e ot any such luw or regulutiun in~~ing a lax or a~xee~xment ugtiinst MorlgaRee up- on this Mortg.~ge or thP debf scr•ured hereby, th:~t the t•ntire indehtc~elni•~4 sc~•umd by this MortRugP shull themu~wn Fx•- come immedintely due and pnyable at the optian of MortgnRee. 1 5. To keep the Mortgt+gcd Property inaured a8u~nxt lue~s or dumage by fire, and +~II perils insured agvir?a~ by s~n ex- ~ tendet! co~•er.~ge endorsement, and such olher risks and {,erils :?ss Mortgagee in its disemtiom m~y requirn. The policy or - ~wliciex ot such insurnme shall t?e in lhe forn~ in genernl use from lime to time in the loculity in which the I~lortguRecl Property is situaled, shall be in such amount as rtottgugee mt+y musonably require, shall 1?e issued by i~ ~-omjxiny or companies Approved by Mortgagee, iind sFuill conti~in a atandard mo~tKagee clause wilh loss p:?yable to Mortgugee. Whcn- ever required by 1lfortgagee, such ~~olicies, ahull be delivered immedu~tcly to und heid by Mortgagec. Any ~nd :ill ainounts ? re~rive~l by bluHgagee under any uf such policies may be s~p{>lied by Mortgagee on the indebtc~iness secured herrby in such ' manner ns Morlgagee may, in its sole diacretion, elect or, nt lhe option ot Mortg:~Ree, the entire .~mount so received or .~ny ~ ~~.~rt thereof nu~y be relea~ed. Neifher the npplicxtion nor the mlease of any such amounts shnll cure or wnive any detault. , Upon e:en ise of the ~wer ot sale given in this Mortgage or other acquisition of the MortR:~ged Pm~~erty or any ~~:~rt them- ot by MortgnRee, such {x~liciea sh:~ll hecome the at?solute pmperty ot 1liortgziKee. 6. To tirat obtain the written consent of MurtKagee, such consent to t?e Rrnnted or withheld at the sole discretion ot MortAagee, t?efore (s~) rnmovinR or demolishinR any building novr or hereafter emrted on the pmm'?.ces, 1h) alterinR thc ' arrangement, design or structural rharacter thereof, (c) maki~g any mpairs which im~ol~•e the mmo~•~1 of structural p:~rts or ihe exposure of the interior ot such buildinR to the elements, (d) cutting or removing or permitting the cutting and re- mo~•al o[ any treea or timber on the Mortgaged Property, (e) mmoving or e:changing any tangiFile personal property which is part of the Mortgaged Pmperty, or (f ) entering into or modifyinR :~ny leases oi the rlortKaRed YroI~~Y- 7. . To maintain the Mortg~ged Property in good condition and repair, inc•luding but not limited to lhe m:?kinR o( such re;u~irx as Mortgagee may from iime !o time determine to be nec~es.gary (or the presen•ation o( the htortRaged Property and to not commit or permit any waste themo[. 8_ To eomply with all laws, ordinan~•E~, regulatiuns, covenants, ~ronditions and reslrictions aUe~•ting the MortRaKc~l • ; ~ Property, and not to su(fer or permit any viol:~tion thereof. 9. !f tlorigagor tails lo ~~:+y :~ny claim, lien or encumbr:~nce which is su~~erior to this MortRaQe, or when due, any tax or assesgment or insurance pmmium, or to keep the Mortgaged Property in repair, or shall commit or permit waste, or i( - there be commenced any action or pr«~eeding affecting the 111ortgaged Properly or the title thereto, or the interest o( Mortgagee therein, including, but not limited to, eminent domain_ and Fk~nkruptcy or reorganization proc-eedings, then _ Mortg.~gee, at its option, may pny said claim, lien, encumbrance, tax, assessment or premium, with right of submgation + thereunder, may make such rnpairs :ind take such steps as it deems nd~~isable to prevent or cure sueh L~ iSiP, .iii ~ appear in any such action or proceeding and retain counsel therein, and take such action therein as I~1ortRagee deems :~d- ; visable, and tor any of such purposes 111ortgagee may advance such sums of money, including all costa, reasonabte attorney's j ~ fees and other itetna of eYpehse as it deems necesxary. Mortgs~gee shall be the sole judge ot the legality, ~•alidity and priority = of any such claim, lien, encumhrance, tax, assessment and ptemium and of the amount necessary to be paid in satistaction - ' thereof_ Mortgagee sh:~ll not be held accountable for ~ny delay in making :iny such payment, which del~y may result in ~ anS additional inlerest, rnsts, charges, expenses or otherwise. 10. 1~lortgaRor w~ill ~~y to I11artRaRee, immecliately and without drm.ind, :dl sums of money ad~~anced by Mortgagee to protect the securily hereof }~ursuant to this Mortgage, including all rosts, re:~sonable attorney's fees and other items of ex~~en.ge, t~gether with intems! on each such advancement at the highest faw(ul rate of interest {x•r annum in the State o( Florida, and all su~h sumQ and interest thereon shall be sec~ured hemby. I1. All sums of money sec•urc~ hereh~ shall be ~?:ryable without any relief w~hate~~er from an~ ~'aluation or appr.?i~•- mrnt law•~. 12. If de(ault t?e made in ~k~yment o( :+nr instalment of princi~k~l or interest o( the Note or any part thereof when due, or in payment, Nhen due, or any other sum secured hereby, or in pertormance of any ot Alortgagor's obligations, coven- ants or agreements hereunder. <ill of the indebtedness secured hemby shall become and be immediately due and payaMe at the option of Mortgagee, vcithout notic-e or demand which are hereby expressly waived, in which event Mortgagc~l.? may avail itselt of all rights and remedies. at I:iw or in equity, and this Mortgage m~iy be (oreclosed w•ith all righta and remedies aftorded by the laws of Florida and 111ortgagor shall pay all costs, charges and e:penses thereof, including a reasonable attorney's tQe, including all such costs, e:penses and attorney's tees tor any retrial, rehearing or appeals. The indebtedness secured hereby shall hear interest at the highest lawtul rate of interest ~~er ~nnum in the St~te ot Florid<i (rom ~nd after the date ot any • such de(ault o( Mortgagor. if the Note provides for instalment payments, the 111ortgaqee may, at its option, collect a late ~•har¢e not to excred lwo cents !or earh one dotlar not paid to the Mort~aRee K•hen due, to reimburse the T4ort~aRee tor e:penses in collerting and servicinq such instalment payments. x 13. If detault be made in p~yment, when due, of any indehtedness ~•ured hereby, or in performan~e of any o( _ Mort~aQor's obligations, co~~enants or agreement hereunder la) Mortgagee is authorized :it any time, without notice, in its sole discrntion to enter upon and t:~ke possession oi the 1~lortgaqed Pmperty or any part thereot, to ~~ertorm any acts l~tortgsigee deems necessary or proper to conser~'e the secvritv and to collect and receive all rents, icguPS ~nd pmfits thereof, includinR those p:ist due as well as those accruinQ therea(ter. and Ib) Mortgagee shall be entitled, as a matter ot strict riRht, without notice and exparte, and v~•ithout- regard to the value or occu;~ancy of the security, or the soh•ency o( Alortgagor. or the adequacy of the Mortgaged Property as serurity tor ~ the Note, to hove a recei~•er ap~winted to enter upon and take ~ws.ges.4ion ot the Mortgaqed Property, collect the rents and prolits therefrorn and apply the same as the court may dirnct, su~h receiver to have ~ll the rights and powers permittecl _ under the laws of Florida. In either sach case, Mortgagee or the receiver may also lake pos.gession of, and for these purposes use, any and all personal property which is a part of the Mortgaged Property and used by Mortgagor in t6e rental or leasing thereof or any part thereoL The eapense (including receiver's fees, counsel tees, costa and agent'e compensation) incurred purauant to the powera herein contained shall be secured hereby. hlortgagee ahall (after payment ot all costa and e:penaes incnrredl -2- a~RK281 ~~E 419 ~ . . ~