The URL can be used to link to this page

Home My WebLink About0441 ~ f ~ .l ~~c~•uuM to ~Hry surh ~-hurgrx when dur xhull (~e paid hy 111urtgaKur tu l~furtgag~r• un d~•mu~?d. I(, by m:~w,n ul ~u~y d~•lault by Mortgugor under nny provision at Ihis hlortguge, 1NortRagc~e dM•lan•a till xunu sse~•und hereby to I~e due und ~?:~yublc~. rlortguRcr. nury theo :~pply uny tun~la in said nccount :~guinst the enlim ~nd~•btrclne~ acK•urec! hemby. The ~n(orct•ability of the covenunis relntin8 to It~x!~e, ~ssQa~ntetat~ and inaunenir prpmiums herein otherwiee provided shuil not I~e n(fcx•led except inaotar +~a thoae obligalionei Faive heen met by complia~ce with this {x~n~graph. lllortgugee may trom time to time at ile option waive, und j~tter nny such wni~•er reinat:~te, any or nll provisiuna hereot requiring su~•h de~w~ita, by noticc+ tn Mortgagor in writing. While aoy such wi~iver ia in ef(ei-t, I~lortgngur ahall pay tn:ex, nx~rs.wnents t+nd inxura~ce pren~iu~~s as herein elsewhore pro~~ided. 4. To promptly p:?y xU tt~xes and .~aa~~xmenta e~~.•ci ur Ievied under und by ~•iHue o( ~ny atate, (ederni, or munici~?:d luw or regulution hem~?fter Fxiaved, against MortguKee u~wn this Mortguge ur the debt hereby aec•und, or u~wn ita interrat under thia Morlgege, pn~.~ided however. that the total umuunt so ~~id tur tiny auch taxea {wrduant to this ~~:+ragraph togeth- er with the interest {r.ryabla un euid i~debtrdnesa shvll nut ezceed the highrat lawful n~te ot inten~/ in Florida und provided further that in the evenl ot the ~wssage ot any such law or r~gulatiun im~~aving a tax or asseaamrnl .iguinst I~lortg+~gee up- on this A1oriPa~ge or the debt see•urcd hereby, thnt the entire indrbtr.dnesc se~•und by this ~1ortRt~Re shall thernu~wn I~c~ i~ome immediately due nnd ~>aynble nt the option o( MortRngee. 5. To keep the Mortgaged Yroperty inaured against lussx or danuiRe by (ire, and all ~~erils insured uguinsl by un ex- tended co~•er~ge endorsement, and such other risks and ~mrils t~s MortguRce in its discretion m:~y require' The ~wlicy or policies of such insurance ahnll be in !he torm in generti) use from time to time in the loc~tity in which the MorIR~~Rc~ Propeny is aitu:ited, ahull be in such umount us AloHgaRee 'm:+y re.isonably require, shall he issuc~l by a~•ompany or rompanies approved by Mortgagee, and shnU contain n stundard mortgugee cluuse with losa ~yuble to Mortgugre. VVhen- e~•er required by Mortgagee, such policies, shaU be delivemd immedititely tu and held by blortgagee. Any .~nd all nmounLg rereived by Alortgagee under any ot such policiea may be applied by I~lorigugee on the indebteclness secure~c! hereby in ~uch manner as Mortgagee may, in its sole discrelion, elect or, at lhe option o( Alortg:igee, the entire x~mount so rerrived or Any ~mrt thereof mny be rele<?sed. Neither the upplication nor ihe rrleuse of any such nmounts shatl cure or waive any default. Upon exemiee oi ine ~wwer ot ~ile given in this~htortgage or other acquisition ot the MoNR:~ged Pro~~erty or uny part them- oi by Mortgagee, such ~,olicies shull 1?ecome the ai~solute pm{~eriy oi 1liorig:~Rec~. 6. To first oMain !he written consent ot MorlRugee, su~•h ironsent to Ix~ Kranted or withheld at tht~ ~le discretion ol Mortgagee, before (n) removing or demolishing any buildinR now or hereafter ercY•ted on the premises, It?) altering the arrangement, design or structuml chancter thereof, (c) m.~kinR any m~u+irs which in~•ol.•e the removal of structural ~+rts or the expoeure ot the interior of such buildinR to the elements, (d) cuttinR or mmo~~ing or permitting the ruttinR and m- - moval of any trees or timber on the MortRaRed Properiy, (e) removing or exchanRinq any t~ngible personal property whi~h is ~~art of the Mortg~ged Pro{~crty, or (t) entering into or modifyin~ any leases o( the Morlg:~Red Yro~?erty_ 7. To maintain the Mortgaged Property in Rood condition aind re~~ir, in~lading hut not limitc~f to the making ot such re~u~irs as Mortgagee may from time to time determi~e to 1~e necrsc~ry for the pmsen~ation of thc MortRaRcd Pm~~ert~~ and to not rnmmit or ~~ermit any waste thereof. R. To ~wmply with all laws, ordinunces, regulatiuns, c•o~•en~nts, i~nditions and rtstrictions atlEY•tinR the N1ortR~~R~ ProE~erty, and not to su(fer or permit :?ny ~•iolation thereof. . 9. If Mortg~gor (ails to ~k~y any rlaim, lien or encumbrani~e which is su~~erior to this 13ortg.iqe, or K•hen due, any tax or asgesgment or insur.~nce premium, or to keep the Mortgnged Property in m~uiir, or shall rommit or permit waste, or if there t?e commenced any actio~ or ~~roceedin~ a(fectinR the 141ortg:~ged Property or the title thereto, or the interest o( Mortgagee therein, incloding, but not limited to, eminent domain ~nd tu~nkruptcy or reorgu~~zz+tion proceedings, then MortRagee, at its option, m~y ~~y said claim, lien, encumbrance, tax, assessment or premium, with right of submgation thereunder, may make such repairs and take such ste~s as it deems :~dv~sab)e to prevent or c•ure such waste, and may appear in any auch action or proeeedinR and retain counsel tfierein, :~nd take such action therein :~s MortKagee deerns ~d- ~isable, and tor any ot such purposes Mortgagee m~y advance such sums of money, including all costs, re:?sonable attorney's • fees and other items of ex~~ense as it deems necessary. hfortgngee shall be the sole judge o( the legality, validity and priority ~ of any such claim, lien, encumhrance, tax, assessment and premium and of the amount necessary to be ~~id in satisfaction i thereof. Mortgagee shall not be held an~ountable for any delay in makinR any such ~~ayment, which delay may rwsult in any additional interest, costs, rharRes, e:penses or otherwiae. I~ 10. MortgaRor will {h~y to MortRaRee, immediatgly and w~ithout demnnd, all sums o( money adv.~nced by MortgaRee to protect the security hereo( pursuant to this ;~fortgage, including all costs, m.,sonaiile attorney's fees and other items of expense, together w•ith interest on ea~•h such :~d~•ancement at the highest law(ul rate of interest ~~er annum in the State o( _ Florida, and all sac•h sumg and inten~st thereon shall 1?e secvred hereby_ 11. All sums of money ~•ured hereby shs~ll Ix pxiy:ible N•ithout any~ refie( wh:~tr.~~er from :~ny v:iluation or aE~pr.iisc•- ~ ment lav~~s. lY. I( detault t~e made in p:iyment of any inst.i~ment o( prini•i{kd or interest of the Note or .~ny ~mrt thereof when due, or in payment, w•hen due, or any other sum scrured hereby, or in ~~erformance of any of Mortg:~Ror's obliRations, coven- :~nts or aKreements hereunder, all of the indebteclne.gs secvred hereby ahalt t~-ome and he immediately due and payable at the option o( 1~lortgagee, without noti~•e or dem<~nd which are hereby expressly wpived, in which e~•ent Mortgagee may a~~ail itsel( ; of all rights and mmedies, at law or in equity, and this Mortgage may be (oreclosed w•ith :~II rights and remedies afforded by 4 the lawa oi Florida and MortRagor shall ~y all casts, charges and ex{~enses thereof, includinR ~ masonabie attorney's (ee. including all such costs, expenses and attorney's fees for any retrial, mhearing or appeals. The indebtedness sec~ured hereby sh~ll t?ear interest at lhe highest lawful rate of interest ~~er :~nnum in the State of Florida from and atter the date of :~ny ; such default of 111ortgagor. If the Note provides tor instalment payments, the Mortgagee m~y, al its option, collect a late charRe not to ezceed two cents for each one dollar not paid to the riortQ:igee when due, to reimburse the A1ortRaRcr (or ; ~ exE~enses in c•ollectinq and sen•ii•ing such iawtalment payments. 13. If default be made in payment, when due, ot any indebtednc~s sec•ured hereby, or in per(orman~•e of any o( ; hlortgaRor's ubligHtions, covenants or aKreement hereunder. 3 (a) 111ortRaQee is authorized at :iny !ime, without notice, in ifs sole disc•retion to ehter upon and take (wsseseion of : the ~lortgaged Property or any part thereof, lo ~~erform any acts Mort~aRee deems neceasary or pro~~er to corwen~e the { security and to collec•t and rec•ei~•e all rents, is.gues and profits thereot, including those ?~st due as vvell :~s those acrruinR thereafter: and - (61 111ortgagee shall tie entitled, as a matter o( strict right, without notice and e:parte, and without regard to the - v~lue or occvpancy of the security, or the soh•en~•y of 14tortgagor, or the adequacy of the Alortgaged Property as secvrity tor the Note, to have a receiver appointed to enfer u~~on and take F~s.gession of the Mortgaged Pmperty, collect the rents and = pmfits therefrom and apply the same as the court may dimct, su~h receiver to have all the riRhta and ~~owers permitted under the laws o( Florida. ` In either such case. 1~lortgagee or the receiver may :~lso fake possession of, and for these pur~wses use, any and all ~~ersonal properiy which is a part ot the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or ~ any part thereof. The expense (including receiver's fees, counsel fees, costs and agent's compensation) incurred pursuant 4 to the powera herein contained shalf be eecured hernby. Mortgagee ahall (aiter payment of aU costa and e:penses incurred) Y J ~ ~ -2- ~ccx 281 f~a~~ 440 = ~ _ g-~