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HomeMy WebLinkAbout0658 . . ,aruunl to pay su~•h ~•hurgc~x wh~•n due ahuil tK> ~K~id by 1lfurtg:~Ko~ to 111urtKag~y> un demund. ll, by n.~sun ut .~ny del:~uit by MortRugor undrr uny pro~'iaiun o( Ihia N1aHgaKe, AtortK+~R~~ dEti'lun.~s +~11 sums aecured hemby to be due :~nd payal+le, NlortguRee mt~y the~ upply any tuncis in ai~id :in•ount aguinxt the r~tire indebtednexa scK•uncl hereby. The e~lo~~•eab~l?ty o( the covenunta relatinq to t.~:e~, naseaementa end insurnnce premiuma hemin otherwise provided shal) not he at(ecled eYCept insofar aa tboae ohligations he~ve l~+n met by complu+nce with thia pflrnR~Aph. I1'IortRagee may from ti~ne 1o time at its option waive, i~nd atte~ nny auch wai~•er minetute, nny or nll provisione hereot reyuiring Ruch de{weite, by notice to Morlg:~or in writing. While nny auch wuiver ie in et(cti•t, Morigagor ahall ~xty te~:ea, assessmenta nnd in~urance premiuma ~ »s herein elsewhere provided. 4. To prompUy pay all ta:es s+nd :u?s~xainents ua+esyecl or levied undor und by virtue of ~ny st:de, (edrril, or munici~~:~l luw or ~e~tul~~tion hereafter {wssed, ugainst 11'lurtge?gee u~w~ lhia 111ortguge or the de61 hereby securrd, or upon itn interrat under this Martgage, pro~ided huw•ever,~thut the to?al amount ao paid tor a~y su~•h tuxea ~xirsuant to Ihia par:igr~~ph toKeth- er with the intarext {wyuWe on said indel~tedness st?all not eY~~ecd the higheat luw(ul ratN ot interest in Floridn and provided further that in ihe event of Ihe {xiasaKe ot any such Ixw or regulution imEwsing n tnx or asseaeimen/ .ig:iinst Mortgugee up- on fhis 1~lortgage ur the det?t ~•urecl hemtry, that lhe entire indehteciness sc~•urec) by this MortR:~ge shnU thereu~K>n tx•- come immecfiutely due und pnynble nt the option of Marigagec. 5. To keep the Mortguged Properly insured .~Gainst loss or du~nage by fire, and all perils insured .iBAinst by an ex- tended co~•erage endo~sement, and such other risks and ~~erils tis Mortgagee in its disi•retion may tequire. The ~~olicy or ~~olicies ot such insuranc~e shnll be in the form in general use trom time to time in the locality in which the MoHgaged Properiy is situuted, stwll be in such umount as I1lortguKre may re:~sonably requim, shaU be issued by a ~~ompany or companies apptoved by 11lorigugee, and sfwU contain a stunda?rd mortgagee dause with loss payable to Moctgugee. V1~'hen- _ ever required by Mortgagee, such {wlicies, shall be deli~~emci immediately to and held by hlortgagee. Aoy und ~11 amounts received by Tiortgagee under any of such policiea may be applied by MorlR:~gee on the indehtedness securcd hereby in such manner t~.s Morlgagee may, in its sole discretion, elect or, nt the option ot MortguRee, the entire amount so received ot any part thereoi may be releused. Neither the application nor the release of any such a~mounts ~hall cure or waive any detault. lJpon exemise of tl~e power ot sale given in this-A~ortgage or other acquisition ot the Mortgnged Pmperty or uny ~k~rt there- ot by Mortgagee, such policies slwll hecome the ahsolute pro~~erty of Mortg.~gee. 6. To (irst obtain the wrilten consent of Mortgugee, such consent lo I~e granted or withheld at lhe sole discretion o( I~lortgagee, before (a) mmoving or demolishing any building now or here~~tter erectrd on the premises, Ib) altering the arrangement, design or structurnl rharacter thereof, (c) making any rnpairs whii•h im~olve the removal oi structural ~~aHs or lhe ex~wsure of the interiar of such building to the elements, (d) cutting or remo~~ing or permitting the culting pnd re- moval ot any trees or timber on the Mortgnged Property, (e1 removing or exchnnging any tangible ~~ersonal pmperty which is ~wrt of the Mortg~ged Property, or. (i) entering into or modifying any leases oi the Mortgaged Property. 7. To maintain the MortRnged Proj~erty in Rooc1 rnndition and re~?air, inclading but not limited to the m~kinR o( such re~~airs as tllorfgagee may from time to time cletrr~nine to he neces;ary for the presen'ation of the MortRaged Prc~~rty ~nd to not commit or permit any waste thereof. 8. To comply with all laws, ordinan~rs, regulations, coven~nts, i-onditions and restrictions a((e~•ting lhe 1NortRagecl Yroperty, and not to suf(er or Nermit any ~•iolation thereof. 9_ I[ Mortg~gor tails to {x~y any claim, lien or rncumbrance whi~•h is su~?erior to this h1orlRuRe, or when due, :~ny tax or assessment or insuranm premium, or to keep the \iortgaged Property in re~kir, or shal{ commit or ~~ern~it waste, or it there i~e commenced any action or pmceedinR :~Ifecting the 1liartgaged Property or the title thereto, or ihe interest o( Mortgagee therein, including, bat not limited to, eminent domain and b:~nkruptcy or reorganization pra•eedings, then titortgagee, at ita option, may pay s:~id claim, lien, encumt~rance, tax, assessment or premium, with right of subrogation thereunder, may make such rep:~irs and take such sle~n as it deems advis:ible to prevent or cure such N•aste, and may appear in any such action or proceedinK and retain counsel tfiere~n, and take such action therein as 1~lortga~gee deems ad- ~•isable, and tor any of sueh purposea MortgaRee m:iy advance such suma ot money, including all costs, reasonable attorney's fees and other items of expense as it deems necessary. Mortgagee shall Fxr the sole judge of the legality, validity and priority of any such claim, lien, encumbrance, ta:, assessment and premium and o( the amount nec•esgary to be paid in satisfaction ~ thereoL Mortgagee shall not be held acrountable for any delay in makinR any su~•h pa~ment, which delay may result in ! any additional interest, n~sts, charges, expenses or otherwise_ ! ! 10. MortgaRor w~ill ~y ~to hlortg:~gee, immediately and without demand, .+11 sums of muney ad~anced hy Mortgagee ~ to protect the serurity hereo! pursuani to this ~tortgage, including all c•osts, reawn:?ble attorney's (ees :~nd other items ot ~ expense, logether with interest on each such ad~•ancement at the highest law(ul rate ot interest {~er annum in the State of ~ Florida, ~nd all such sums and interest themon shall t?e sec•urf.~d herehy_ ~ ~ 11. All sums of money sec•urecl herehy shall t,e ~u~~able w•ithout any reliet ahale~~er from :~ny ~~aluation ar :~pptaise- ~ ment law~s. " 12. If default be mude in ~uiymenl o( .iny instalment ot ~?rincip.+l or interest of the Note or any part thereof when due, or in ExiymeN, when due, or any other sum secured hereby, or in ~~ertormance o( any ot ;~1ortKagor's obliRations, coven- .~nts or aRreements hereunder, all of the indebtedne~ secured hereby shal! liecome and 1?e immediately due and E~ayable at the option o( Morfgagee, without noti~r or demand which are hereby expre~sly waived, in which event Mortga~ee may a~-ail itself of all rights and mmedies. at I:~w or in equity, and this bioriga~e may t?e toreclosed w~ith all rights and remedies aftorcled by the I~ws of Florida and Mortgagor shall pay all costs, charges and ez~~enses thereot, including a reasonable attorney's tee, includinq all such costs, expenses and attorney's [ees (or any retrial, mhearing or appenls. The indebtedness secured hemby shaU bear interest at the hiRhest lawiol rate of interest ~~er annum in the St~~te of Florida from and atter the date of :iny such default of 111ortgagor. It the Note provides tor instalment payments, the MortKagee may, at ita option, collect a latc• ~•harge not to exceed two cents for esich one dollar not paid lo the 1~tortRa~ee when due, to reimburse the Mortgagee (or ex~~enses in collectinR and ser~•i~•inR such insta{ment ~~yments. . 13. If detault be made in payment, when due, ot ~ny indebtedness secured hereby, or in performarn•e o( any o( 4tortgagor's ohliRations, covenants or aRreement hereunder: ~ la) Morigagee is ~uthorized at any time, without notice, in its sole discmtion to enter upon and take po~session o( - the AlortgaRcd Property or any ~~art thereot, to ~~er(orm any acts titort~aRee ~eems necessary or proper to consen~e the eecvrity and to collei~t and receive al) rentx, irsues and profits thereof, including those past due as µ•ell :~.4 those acrruinR ~ thereafter: and ~ (b) Mortgagee shall be entitlecf, as a matter of strict right, without notice and exparte, and without regard to the ~ value or occupanc-y of the secvrity, or the soh•ency ot ~iortgagor: or the adequacy of the Morigaqed Pmperty as security tor the Note, to have a recei~~er appointed to enter upon ~nd take possession of the Mortgaged Property, rnllect the rnnta and protits there(rom and apply the same as the court may direct, such receiver to ha~•e all the righta and {wwers permitted ~ under the laws o( Florida. ~ ln either such case, ?liortgagee or the receiver may also take possession of, and tor these purposes use, any and all ~ ~ E~ersonal pro~~erty which is a part ot the D4ortgaged Property and used by Mortgagor in the rental or leasing thereof or i - any part thereof. The expense (including receiver's (ees, counsel fees, costs and agent's compensation) incurred purauant to the powers herein contained ahall be aecured hernby. Mortqagee shall (after payment oi all costa and e:penaes incurred) ~ ~ -2- 0 R scac~~ s~ - - - - - - ~ ~Y ~ 5.=~ ~ ~ ; - ~w~,~~; . :