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HomeMy WebLinkAbout0708 , :~crount to i~~y such chargcw when due ahutl I~e ~uud by MortguKar to Mortgag~ on demu??d. It, hy n,~aun ot uny dehiuii Iry Mottgago~ under u~y proviaiuh of lhis Mortguge, 1~lortgugee declures all xume secured hereby to be due and ~H~y.~ble, Alottgugea m~y thon upply any funda in saiid »n~aunt iigninst the entire indebtednexa ecY•ured hereby. The entonexbility oi the covenunts relating to tazes, aeaexements and insun~nce premiums herein otherwiae pwvided ahall not txe aftected except ; insofar aa lhoee obligationa have been met by cotnpliance with thix {wragrAph. i~lortBagee may trom time to time ut ita uption waive, and atter any such wniver reinstnte, any or pmvisions hereaf requiring such de~weita, by notice to ` o... .1,a11 . ivjungugur iu wriiiiig. 1ii:i;~ u::j su:ti .:.-:i~iz i'a 3i: ~~r""!. ~!^r!b~~,-=. ~~y ~AY.y. A~menta and inaumnce uremiumx i~a herein elaewhere pmvided. • i 4: To pi+omptly puy ttll tu:es iind useevsmeols aesexsecl or levied under and by virtue ot nny stale, tedernl, ~r munici~kel ' law or mgulution hereatter paesed, ag.~ina! 11lortgugee u{wn this Mortgage ot the debc hereby secured, or u~~on its interest under thia Mortguge, provided however, that the totul amount so ~wid for uny such tnxes pursuant to thia {wragruph togeth- WEl1± l1±•• :•.r.•.w~t ~wvahte on ssid indebtednc~a shal! not eacceed !he highest lawfu) n?te ot interest in Florida nnd provided turther thut in the evenl ot the pstsa~ge ot any such !aw or regulution im{wai~g n taz or usaes~ment agaunst Mortgug.~ ui;- un thie Mortgnge or the debt aecured herehy, thnt the entire indebtcdnesR secure~ by Ihis Mortgnge shull the~eu{an i?e- . come immed'eately due r~nd ~~nyable at the option of MortgAgee. ; 5. To keep the Mortgaged Property inaured against luse~ or dunuigQ by tire, and aU perils insured agni~?sst hy an ex- tended ~roven~ge endorsemen*., aod such other risks und ~~erils ua MorEgagee in its discreiion may require. The pol~cy or ~wlic:es of eueh insurance shal! be in the form in generul use twm time to time in the ta•ulity in which the Mortgaged . Property ia situated, ahall be in such amount as Mortgagee mny re:ssonxbly require, shaN be issued by a compuny or com}wnies approved by Mortgugee, and sh:~l) ~ront~in a st~ndard mortqagee clause with loss {x~yable to 1liortgagee. VI~'hen- ever required by Mortgagee, such policies, shall be delivered immedintely to and held by Mortgagee. Any and all amounls rr.~eived by Morigagee under uny of such ~wlicies:may be applied by Mortgagee on the indebtedness secured hereby i~ such t manner ns Mortgagee may, in its sole diacretion, elect or, at the option o( biortgagee, ,the entire amount so received or any • ~art thereof may be released. Neither the application nor the teleASe ot nny such ~mounts shull cure or waive any detault. Upon ezercise ot the power ot sale given in this Mortgage or other a~cquisition ot the Morigaged Property or nny part them- ot by Mortgagee, such ~~oliciea shnll become the ~bsolute property o( Moirtgagee. 6. To tirst obtain the writte~ consent of Mortgagee, such consent to be granted or withhetd a~t !he sole discretion o( Mortgagee, before (a) removing or demolishing ~ny buitdin~ now or hereafter rreclec! on the pmmises, (b) alteri~g thc arrangement, design or structurnl character thereof, (c) making ar.y repairs which involve the removal ot structural ~~arts or the expoaure o( the intetior ot such building to the elements; Id) cutting or mmoving or permitting the cutting and re- moval of any trees or timber on the Mortgaged PmpeNy, (e) removing or exrh:inging any tangibte (?ersonal pmperty which is. ~k~rt of the Morigaged Property, or (f) entering into or modifying any le.~ses of the MortgaRed Pro~?erty. T. To mnintain ihe Mortgaged Properiy in good condition and re~~air, includinq but not limited to ihe m~kinR of surh repairs .is Mortgagee may fmm time to time determine to he necessnry tor the preservation uf the MoriRaRed Property and to not commil or }~ermit any waste thereot. 8_ To comply with all (nws, ordinances, rngulations, mvenanls, conditions and reslrictinns attecting the MoHqaged Property, and not to sutfer or permit any violation thercof. - 9. It Mortgagor fails to pay a+ny claim, lien or encumbr~nce which is su~~erior to this MortRage, or when due, any tax ~ or assessment or insurance premium, or to keep the Mortgaged Propetty in reµ+ir, or shall rommiY or ~~ermit waste, or it . there be commenred nny action or proceeding affecting lhe Modgaged Property or the title thereto, or the interest at . Mortgagee therein, including, but not limited to, eminenl domain and bankruptcy or reorganization proceedings, then Mortgagee, al its option, may pay said claim, Gen, encumbrance, tax, assessment or premium, with right of subrogation theceunder, may make such repairs and take such steps as it deems advis:~ble !o prevent or rure such wzste, and may appear in any such action or proceeding and retain cbunsel thereio, and take such aclion thernin as Mortgagee deems ad= visable, and for any o( such pur~wses 111ortgagee may advanc~ such sums o[ money, including all costs, reasonable atlorney's feesand ot6er items of e:pense ~s it deema neressary. Morigagee ahalt be the soie judge ot the legality, validity and priority of any such claim, lien, encumbrance, taz, as~essment and premium and ot the amount neceseary to be paid in satistaclion thereoi. Mortgagee shall not be held accountable tor any delay in making any such payroent, which delay may result in any additional interest, costs, charges, e:penses or otherwise. 10. Mortgagor will pay to Mortgagee, immediately and without demand, all sumg of money advanced by Mortg~gee to protect the security hereo! pursuant to this Mortgage, including all costs, reasonable attorney's teEw a~nd other items of ezpense, together with interest on eaeh such advancement at the highest lawful rate of internst per annum in the State ot Fiorida, and al! surls surns and interes! lhereon ~lt he~ ~urnd hPrebv. ' I1. Ali sums o( money secured herehy shall be ~n~yable without any mlief whatever from any ~•aluation or appraise- ment laws. 12. If default he made in ~yment oi uny instalment ot principal or interest oi the Note or any pratl,.~hereot when due, or in payment, when due, or any other sum secured hereby, or in performance ef any'bf MoHgagor a ohfigations, coven- :~nts or ~greements hereunder, all ot the indebtedness secvred hereby shali become and be itmme~ately~due and ~ayable at 1he option of Alortgaqee, without notice or demand which are hereby expressly waived, in which ~vept Mortgagee may aa"~il itself of all rights and remedies, at law or in equity, and this Mortgage may be foreclosed with all righta and remedi~e aftoided~by the ]~wa ot Florida nnd :~lortgagor shall pay all costs, charges and expenses thereo(, including a reasonabl~ ~jjona@y:s+d0e~e, including all such costs, expenses and attorney's fees tor any retriai, rehearµ~~ or.appeuls. The indebtedness secured hernby shall bear interest at the heghest lawtul rate of internst per annum in the.State of Florida irom and atter the date of any such default of •Mortgagor. 1f the Note provides for instalment payments, the Mortgagee may, at its option, rnllect a late rharge not to e:c~eed two rents for each one dollar not paid to the Mortgagee when due, to rnimburse the Mortgagee tor expenses in rollecting and servicinK such instalment payments 13. If de(ault be made in payment, when due, of any indebtedness secured hereby, or in performance ot any ot MortRagor a obtigationa, covenants or agreement hereunder: (a? MoHgagee is authorized at any time, without notice, in its sole discretion !o enter upon and take passession of the Mortgaged Property or any part thereof, to ~~er(orm any acts Mortgagee deems necessary or proper to conserve the security and to collect and re~rive all rents, issuea ~nd proti~g thereot, including thoee past due as well ns those acrruing ~ thereafter; and (b) Mortg~gee shall t~ entitled, as a matter of strict right, without notice and exparte, and without regard to the value or occupancy of the seivrity, or the solveney of Mortgagor, or the adequacy of !he IVlortgaged Property as secvrity for the Nate, to have a receiver appointed to enter upon and take possession ot the Mortgaged Property, collect lhe renta and profita therefrom and apply the same as the court may direct, such neceiver to haee all the righta and powers permitted under the lawa of Florida. In either such r.ise, Mortgagee or the rereiver may also take possession of, and for these pur~oses uae, .any artd a11 = personal property which is a~?art of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or any part thereol. The expense (including receiver'a (ees, counae) tees, coata and agent's compensation) incurred puisuant to the powera herein contained siuiii be eecured hereby. 141ortgagee ahali (after payment ot al! cosls and eagPn_a~ incurted) -2- g~k~ ~b~ ?-~c~ ~(~j o~u.~.~~ ~ _ ~ T ~ ~ - - - a . '~"~y~~~ss~,~'d-'"~'~:z '~"~~a,. ~ , . ~ "~~'a'~_