HomeMy WebLinkAbout0604 uccount to pxy such charges when due sfuill I~e {N~id hy Mortgugar to MortguKe~r on drmxnd. If, 1?y rerson of nny de(uull
t~y Mortgagor unde~ any provision ot thu N1uHgnge. INorigxgee declarea all sunu secured hereby to be due and ~,:~yat,le,
MoNgagee may then apply a~y tunds i~ said :iccount aguinst the entire indebtedness sec•ured hemhy. The entorceubility ot
the covenants relutina to tare~, ~enb and inrurance premianu herein othecwiae provided shall ~ot be attected eYCept
inwtar oe tLoee obligations have been met by rnmplianoe with thia paragraph. Mortgagee may from time to time at its
option waive, and utte~ any such waive~ reinats~te, any or nll pmvisioni l~ereof nquiring such deEx»ita, by notice to
Mortgugo~ in wntins. While any such wniver ie in e((ecl, MortRugor shall {wy ta:ea, Asseasmenta and inaurance premiums
us herein elsewhere provided.
4. To pmmpdy {wy aU taxea and a~eexamenla vaaeaxed o~ levicd under und by virtue ol ~ny at:?te, tederul, or munici~ud
Wvv or regulation hem.atter {x?seed, aguir~+t Mortgagee upon this Mortgage or the debt hereby eecured, or upon ita intereat
under thia Mortguge. pro~•ided however. that lhe totul amount so {wid tor uny such inxe8 {wnsuxnt to thia paragn~ph togeth-
er with the interest {wyable on eaid indebtedn~s alwl) noi exceed the highc~at Is~wful rate o( interest in Florida and provided
turther that in the event ot the paasuge of any such luw or cegulation impoeinq a tax or useessment ag~+inst Mortgugee up-
on thia Morig:~ge or the deht secured hereby, thnt the entire indebtednrss xecured by this MortRage shaill thereu~x~n t?e-
come immediately due and payable at the option of Mortgngee_ ~
5. To keep the Mortgaged Properly insured againat loss or dumage by tire, nnd all perils inaured +~ainat by an ex-
tended coverage endorsement, and sucl~ other risks und perils as 14fortgagee in its discretiom m~y requirn. The policy or
policies o[ auch insurance nhall be in the form in genernl use icom time to time in lhe locality in which the Morigaged
Property is situnted, ahtill be in such amount .ia Mortgagee m~y re:isonably require, shall he issued by a com~~ny or
companies Approved by MortgAgee, and s6a1! contain a standard mortgagee clause with loss payable to Mortgagee. When-
ever required by Mortgagee, such policiea, shall be delivered immediutely to and held by Morigagee. Any and nll amounts
rea,eived by 111ortgttgee under any of such policies may be applied by Mortgagee on the indebtedness eecured hereby in such
manner as Mortgagee may, in its so)e diacretion, elect or, at the option ot Morigagee, the enlire amount so recei~~ed or any
part thereoi may be releaaed. Neither the application nor the release of any such nmounts ahall cure or waive any default.
Upon e:erciee oi the pnwer o( sale ECiven in this Mortgage or other Acquisition ot the Mortgaged Properiy or any part Ihere-
ot by Mortgagee~ such policies shaU become the :~bsolute properiy of Mortgagee.
6. To first obtain the writlen consent of Mortgngee, such consent to t?e granted or withheld at the sole discrntion of
Mortgagee, t?efare (a) remo~~ng or demolishing any building now or herea(ter e~ted on the premises, (b) altering the
armngement, desigo or structura) character thereot, (c) makinR unv repairs vvhich im~olve ihe removal ot strurtural p:+ris
or the ezposure o[ the interior ot such building to the elements, (d) cutting or rnmoving or permitting the cutting nnd re-
moval of any trees or timber on the Mortgaged Property, (e) removing or excluinging any tanqible personal proi~erty which
is ~rart o[ the Mortgaged Pmperty, or (f) entering into or modifying any leases of the MortgaRed Property.
To maintain the Morigaged Property in Rood condition and re~~air, including but not limited to the making ot such
repairs ns Morigagee mny trom time to time determine to be necess~~ry for the presen•ation at the Mortgaged Property and
to not commit or permit any waste thereot.
8. To compiy with aU laws, ordinances, regulations, co~•en:ints, conditions and restrictions a((ecling the MortgaRed
Property, and not to suttar or permit any violation thereof.
9. If Mortgagor tails to Ekiy any claim, lien or encumbrance which is su~~erior to this Mort~age, or when due, any tax
or assesament or insurance pmmium, or to keep the Mortgaged Property in re~~air, or shall commit or permit waste, or if
there be commenced any action or proceeding atfecting the Mortgaged Property or the title thereto, or the interest ot
Mortgagee themin, including, but not limited lo, eminent domain ~nd b:~nkruptcy or reorganization proceedings, then
Mortgagee, at its option, may pay s:iid claim, lien, encumbrance, ta:, assesament or premium, with right of subrogation
thereunder, may mnke such rnpairs and take such steps :,s it deems advisable to prevent or cure such waste, and may
appear in any such action or proceedinR and retain counsel tl~erein, and take such action iherein as 111ortgagee deenis .~d-
viss~ble, and tor any of such pur}wses Morfgagee may advance such sums ot money, including all costs, reasonable attarney's
[ees and other items o( ezpense as it fieems necessary. M~rtg:igee shall be the sole judge of the legality, validity and priority
o( any euch claim, lien, encumbrance, taz, assessment and premium and of the amount neces.4ary to be paid in satisfaction
thereof. Mortgagee shall not be Ueld accountable for any delay in m:~king any such peyment, which delay may result in
j :~ny additional interest, costs, c6arRes, ex~~enses or otherwise_
C 10. MortgaRor will ~kiy to Mortgagee, immediately and v?ithuut demand, all sums ot money advanced by MortK~R~
~ to protect lhe aecurity hereof pursuant to this hiortgage, including all costs, rensonable attorney's fees and other items of
~ expense, together with intemst on each such advancement at the highc~t lawtul rate of interest per :innu~m in the State o(
; Florida, and all such sums and interest thereon shall he secured hereby.
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~ 11. All sums o( money sec•ured hemt?y sh<ill I~e p~iyabie without any relief v~hatever from :~nv ~•aluation or apprnise•
~ ment laws.
~ 12. If de(ault be ms~de in ~~ayment of any instalment o( princip:+l or interest of the Note or any part thereof when
~ due, or in papment, when due, or any other sum secvred hereby, or in ~~erlormance of any of 111ortgagor's obligationx, roven-
ants or agreements hereunder, a11 of the indebteclness secured hereby shall becrome and I~e immediately due and payable at the
~ option of Mortgagee; without notice or demand vvhich are hereby eYpressly waived, in which e~ent 11lortgagee may a~~ail itsel(
~ of all rights and remedies, at law or in equity, and this Mortgage may be forectosed with all rights and remedies afEorded by
~ the laws of Florida and Mortgaqor shall pay all costs, charges and expensea thereof, including a ressonable attorney's tee.
~ including all such costs, expenses and attorney's leea for ~ny retrial, rehearing os-a{~peals_ The indebtedness secured hereby
~ ahall bear interest at the highest lawful rate of interest per annum in the State of Florida from and after the date of any
~ such default o( Mort~agor. If the Note providex for instnlment ~wyments, the Mortgagee may, at itx option, collect a late
~ rharAe not to exc~eed two cents for each one dollar not p:~id to fhe MortR:~Ree when due, to reimburse the Mortgagee for
~ ex~~enses in collecting and servicing such instalment ~~yments. - .
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~ 13. It default be made in payment, when due, of any indebtedness scrured hereby, or in (~er(ormance of any of
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- Mortgagor's obliRatior~4, coveoants or agreement hereunder:
(a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take ~ssession ot
~5 the MoHgaged Property or any part thereof, to ~~erform any acts AMortKagee dee~a necessary or proper to consen•e the
~ security and to collect and receive all mnta, irsues and profits thereof, including those past due as well as those accruinq i
~ therea(ter; and '
(b) Mottgagee shall be entitlecl, as n matter of strict right, without notice and exparte, and without regard to the s
value or occupancy of the security, or the solvency of I~lortgagor, or the adequacy of the Mortgaged Properiy as security for ;
~ the Note, to have a receiver appointed to enter upon and take pos.9esaion of the Morigaged Properiy, coliect the renta and
- pro(its theretrom and apply the same as the court mny direct, such receiver to have all the righta and powers permitted
~ under the laws ot Florida. ~
~ In either such rase, Mortgagee or the receiver may also take possession o(, and for these pur~~oses use, any and all
;~x personal property which ia a part of the Mortgaged Property and uaed by Mortgagor in the rental or leasing thereof or
~
s~ny part thereo(. The e:pense (including recei~~er'e fees, counsel fees, casta and agent's compensation) incurred purauant
~ to the powe~a herein contained ahall be secured hemby. Mort~tagee ehall (a(ter payment of all costa and e:peneea incurred)
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