HomeMy WebLinkAbout0610 ucruwU to {x~y such chargc~e when dur xhall I~c {?uid by Murlgugor to I~1oHgugee un demand. hy maaun o( uny de(ault
by 111ortgaaor unde~ any provision ot this MorigaBe, 111ortgagee declares all sume aecured he~eby to t,e due and ~u~yul,le,
Mortga&ee may then Apply uny (unde in said e?rcount aRainst the entire indebledneas secured hereby. The ento~crability o(
the coveoanta relatins to t~+:es, aaseasments and insurance premiums here~n otherwise provided shall not he at(ected except
insotar ns tlw~e obli~tations havc been met by compliaace with this paiagraph. Morigugee niay trom time to time at ita
option wai~,e, and after any auch waiver reinstate, any or ull provisions hereot requiring such depoaita, by notice to
Mortg,~gor in wtiting. While any such waiver ia in e(tect, Mortgago~ ahail pay taxes, aasesamenta and inaurance premiums
,~s herein elaewhere pmvided. ~
4. To promptly ~wy all tates and aisseasmeots asaessEd or levied unde~ and by virtue ot any stnte, (ederal, or munici~x~l
luw• or reguletion hereafter passed, a8ainst Morlgc~gee upon lhis Mortgage or the debl heceby, aecured. or upan ib interest
under this Mortgage, pro~ided however, lhat 1he total amount so paid tor any euch tuxea {wrsuant to this ~x~raKraph togeth-
er with the interest payeble on said indebtedness ahaU not e:ceed the highest lawtui rate ot iMerest in Floride and provided
further that in thc event ot the pasaHge ot a~y such law or ~egulation impasing a ta: or aaeesament ageinst Mortgagee u~~-
on thia Morlgage or the debt secured hereby, lhut the enlire indebtednesa secured by this Mortgage ~h:~U themu~wn t~e-
come immediately due and payable at the option ot Mortgagee.
5_ To keep the Mortgaged Property insured against loss or damage by fire, and all perils ineured againat by un ex-
tended coverage endoreement, and such other risks t+nd perits :~s Mortgagee in ita discretion may require. The policy or
policies of such insurance shf?11 be in the torm in general use from time to time in the locality in which the Mortgnged
Propeny is situated, sluill be in such amount a+s Mortgagee may musonubly require, shal) he issued by a com~u~ny or
companies approved by Mortgagee, and shall contain a standard mortgagee clauee with losa payable to Mortgugee. Wheo-
ever reqwred by Mortgagee, such policies, shall be delivered immedintely to and held by Morigagee. Any pnd all amounts
receiced by Mortgagee under aay ot such policies may be applied by Mortgagee on the indebtedneas secured hereby in such ~
manner as Mortgagee may, in its sole discretion, elect or, at the option of Mortgugee, the entirn amount ao receio-ed or nny
part thereot may be released. Neither the application nor the telease o[ any such lmounts ahall cure or waive nny de(ault.
Upon exercise o( the power ot sale gi~en in this 1Nortgage or other acquiaition af the hlortgaged Property or any part them-
o( by Mortgagee, such policies .shall become the ~bsolute propetty ot Mortgagee.
6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discretion of
MoHgagee, before (a) removing or demolishing any building now or herenfter erected on the premises, (b) altering the
arrangement, design or structural chat~?cter thereof, ~(c) making any repairs which involve the removal ot struciural {h~ris
or the e:posure ot the interior o[ such building to the elementa, (d) cutting or removing or ~:ermitting the cutting and re-
moval of any treee or timber on the Mortgaged Property, (e) rnmoving or e:changing any tangible ~~eraonal property which
is ~zirt o( the Mortgaged Property, or entering into or modifying any le~ses of tbe Mortgaged Property_
To maintain the Mortgaged Property in good coodition and repair, including but not limited to the making ot such
repairs as Mortgagee may from time to time determine to he necessary for the pmservation o( the Mortgaged Property and
to not cc>mmit or permit any waste thereof.
8. To comply with all lawa, ordinances, regul:~tions, covenants, conditions und reslrictions at(ecting the AlortgaRed
Property, and not lo suf(er or permit any ~~olation thereof.
9. Ii Mortgagor (ails to p:~y any claim, lien or enrumbram~e which is superior to this Mortqage, or when due, :~ny tax
or assessment oc insurance premium, or to keep the 1liortgaged Property in repair, or shail con~mit or pern~it waste, or i(
there be commenced any action or proceeding at(ecting t6e 111oHgaged Property or the title thereto, or the interest of
Mortgagee therein, including, but not limite~ to, eminent domain z~nd bankruptcy or reorganization proceedings, then
Mortgagee, at ita option, may pay said claim, lien, eneumbrance, ta:, assessment or premium, with .right of subrogation
thereunder, may make snch repairs and tnke such ste{~e as it deems advisable to preve~t or cure such waste, and may
appear in any auch action or proceeding and retain counael therein, and take auch action therein as Mortgagee deems a~d-
viaable, and For any of such pur~waea Mortgagee may advance such sume of money, including all coets, ressonable attorney's
; feea and other items of e:penae as it deema neceas~~ry. Mortgagee shall t?e the soie judge ot the legality, validity and priority
! of any suc6 claim, lien, encumbrance, tax, as.geasinent and premium and of the amount neceseary to be paid in satistaction
~ thereof. l~tortgagee shall not be held accounlable tor any delay in makinR any such payment, which delay may result in
j any additional interest, costa, charges, ezpenses or otherwise.
3 10. 1liortgagor will pay to Mortgagee, immediately and without demand, all sums ot money ad~•anced by Mortgagee
` to protect the security hereof pursuant to this Mortgage,• including all ~•osts, reasonable aft~rney's fees and other items ot
~ expense, together v?ith interest on ench such ad~•ancement at the highest law•ful rate of interest per annum in the State ot
€ Florida, ~nd all such sum9 and interesl thereon shall he secured hereby.
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~ 11. All sums o( money secvred herehy shall be ~~:iyable w~ithout any mlief whate~~er fmm any ~aluation or appraise-
~ ment laws.
~ 12. If default he made in {~ayment of any instalment of principal or interest of the Note or any part thereof w~hen
due, or in payment, when due, or any other sum secured hereby, or in pertormance of any of Mortgagoi
a obligations, coven-
ants or agreements hereunder, all o( the indebtedness secured hereby shall become and i~e immediately due and payable at the
option ot Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may evail itaelf
~ of all rights and remedies, at law or in eqnity, and this Mortgage may be foreclosed with aU rights and remedies af[orded by :
the laws of Floridn and Mortgagor ahall pay all costs, chnrges ~nd e:penses thereof, including a reasonable attorney's fee,
including all such costs, expenses and nttorney's fees for any retrial, mhearing or appeals. The indebfecJness secuted hereby ;
ahall bear interest at the higheat lawfu! rate of interest ~~er annum in the State ot Florida from and a(ter the date of any
~ such de(auh of Mortgagor. I[ lhe Note pm~•ides tor inatalment payments, the Mortgagee may. at its option, coliect a late ;
~ charge not to exceed two cents for each one dollar not paid to the MortAaRee when due, to mimburse the Mortgagee (or r
~ espenses in collecting and servicing such instalment payments. ;
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~ 13. _It default be mnde in payment, when due, of ~ny indebtedness gecured hereby, or in per(ormnnce of any of
~ Mortqagor's obliRations, covenants or aBreement hereunder:
(a) Mortgagee is authorized at any time, without notice, in its sole disctetion to enter upon and take posses3ion of ~
the Mortgaged Property or nny ~~art thereo(, to perform any acts Mortgagee deems necessary or proper to conserve the
~ security and to collect and receive all rents, issues and pro(its thereoi, including those ~~ast due as well :~s those accruinR ~
~ thereafter: and
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(b) Mortgagee ahall be entitled, as a matter of strict right, without notice and exparte, and without reBard to the ;
~ value or occu~~ancy ot the security, or the solvency of Mortgagor, or the adequacy of the A~ortgaged Property as aecurity for 1
the Note, to have a receiver appointed to enter upon and take {wssession of the MoNgaged Property, collect the rnnts and ~
~ profits there(mm and apply the same na the rnurt may dirert, such receiver to have all the righta and powers permitted
under the laws ot Florida.
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In either such case, Mortgagee or the receiver may also take possession o(, and (or these purposes use, any and all
~ peraonal property which ia a part of the Mortgnged Property nnd used by Mortgagor in the rental or leasing thereof or
~ any part thereof. The e:pense (including receiver e fees, counsel feea, costs and agent's compensation) incurred pursuant
~ to the powees herein contained ahall be serured hernby. Mortgagee ahall (atter payment o( aU coats and expenaea incuned)
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