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HomeMy WebLinkAbout0305 f uccwunt to pay auch charges when due ahall he paid by Moeigugor to Mortgugee on demand. It, by reason of aoy clefuult ~ by Mortgaaor under aqyr ptoviaion ot this Morigage, Mortgagee dectares all sums aecured hereby to be d~e a~d payahle, Moctgc+gee may then apply any funds in eaid account ugainat lhe entire indebtedne~ secured hereby. The entorceability o( the covenanb relating to taxee, aree~menb and i~suraaee premiums herein otherwise pwvided aha11 oot be attected e:cept ~ inwfer as those ubligations have been anet by compliance with thia patagrapb. MoNRagee may fmm time to time at it~ ! ~ption waive. and atter any such waiver seinatate, any or al! proviaions hereot requiring auch de ' poaits; by notice • to ; ~ ~ ~ Mor1 a or ahail pay texea, assessmenb and insurana.~e premiums 7 ue berein elsewhere provided. 4. To promptly pay all ta:~ and eaees~nents aases.ged or ~evied under a~d by virtue ot nny atate, tederal, or municipnl ' law or regulation hereafter passed~ against Mortgugee u{wn th'sa Mor4gage or the debt hereby eecured, or upon ita intetest ~ under thia Mortgege~ pmvided however, that the total umount so pnid for any sucb tasea purauant to this parAgraph togeth- i er with the intereat ~yable on said indebtednesa s1ia11 nat eu~eed the highest lewful rete ot interest in Florida and provided ~ further tha,t in the event of the paseage ot aqy such law or regulation impoaing a ta: or a~easment egainst Morigugee up- on thia Mortgage or the debt eecured hereby, that the entire inde6tedneea secumd hy thia Mortg~tge ahal) thereu~wn be- ~ come immediately due and payabie at the option of Mortgagee. 5. To keep /he Mortgaged Properiy iasured against loas or damage by tire, and ~tl! perib insured against by an ez- tended coverage endorsement, and such other riska and perils as Mortgagee in ita discretion may require: The policy or policiea of such insurance shall be in the form in general use from time to time in the locality in which the Mortgaged Properiy is situated, shalt be in euch amount as Mortgagee may reas~,nAbly require, shall be isaued by a eompany or ~ comp~niea approved by Mortgageg~ and shall contain a atandar~ morigagee cln~ese with loea ~~ayable to Mortgagee. When- ever required by Mortgagee, such policiea, ahal! be delivered immediately to and held by Morigagee. Any and all amounts received by Mortgagee under any oi such policiea may be applied by Martgagee on the indebtedness secured hereby in such ~ ~ manner as Mortgagee may, in its sole discretion, eleci or, at t6e option ut Mortgagee~ the entire amount so received or any ~ part thereot may be released. Neither the application nor the release of any such amounts shall cur~ or waive any de(au1t, . { Upon e:ercise ot the power of sule given in thia Mortgage or other Acquisition ot the MortgaRed Property or any part there- 1 of by Mortgegee, such policiea shall become~the abeolute property ot Mortgagee. + ~ 6. To tiTSt obtain the written consent of Mortgagee, such consent to be gtanted or withheid nt the sole diacretion of Mortgagee~ before (a) removing or demolishing any building now or hereafter erected on the premises, Ib) altering the ; arrangement. design or atructural characler thereof, (e) making any repains whic6 in~roive the removal of atructural parts or the expoeure ot the interior of such building to the elements, (d) cutting or removing or permitting the cutting and re- moval of any trees or timber on the Mortgaged Property, (e) removing or e:changing any tangible personal property which is ~art o[. the Mortgaged Pmperiy, ot (f) entering into or moditying any (eases o( the Mortgaged Pinperly. 7. To maintain the Mortgaged Property in good condition and repair, inctuding but not (imitcd to the making of such repairs as 1ltortgagee may (rom time to time determine to t~e neceasary tor the preaervntion ot the Mortgeged Property and to not commit or permit nny waste thereof. ~ ~ 8. To comply, with al) laws, ordinances, regulations, coverwnts, condition.v and restrictions atfecting the Mortgnged Property, and not to sufter or pemtit any violation thereof_ 9. It Mortgagor tails to pay any claim, lien or encumbrance which is su{~erior to this Mortgage, or when due, any ts~x or aeseasment or insurance premium, or to keep the Mortgaged Property in repair, or shall commit or permit waste, or it thete be commenced any action or procc~eding atfecting the Mortgaged Pmperty or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorganirs?tion proceedinge, then Mortgagee, at ita option, may pay said claim, lien, encumbrance, tax, r~ssesament or premium, with right of subrogation theteunder, may make such repairs and take such steps as it deems atlvisable to prevent or cure such waate, and may ' ~ appear in any suc6 action or pra.~eeding and retain counael therein, and take such action therein as Mortgagee deems ad- visable. t?nd tor any of suct~ purposea MoHgagee may advance such sums of money, including all costs, teasonable attorney's tees and other items of e:pense as it deems necessary. 1~tortgagee ahall be the sole judge of the legality, validity and priority ot any such ciaim, lien, encumbrance, ta:, assessment and premium and of the amount necessary to be paid in satistaction thereof_ Mortgagee shal! rtot be held accountable for any delay in. making_ any such payment, which delay may result in any additional interest, costs, charges, erpenses or otherwise. ' 10. Murtgagor wi11 pay to MortAagee, immediately and without detnand, all sums of money advanced by Mortgagee to protect the security heteof pursu:~nt to this Mortgage, including all costa, reasonable attorney's tees and other items of ezpense, togethet with interest on each such advancement aE the higiiest lawful rate of interest per annum irt the State o( ? Fiorida, and all such sums and interest thereon shall be serumd hereby. f I 11. All sums ot money secured hereliy shail be ~wyable without any reliet whatever trom any ~•alu:~tion ot appraise- ment laws. ~ 12. If de(ault be m~de in payment ot any instalment ot principal or interest of the Note or any part thereoi whett due, or in payment, when due, or any other sum secured hereby, or in per[ormance of any o[ Mortgagoi s obligations, coven- ants or agreements hereunder, all o( the indebtedness secured hereby shall become and be immediately due and payabie at the option of Mctrtgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itself at al! rights and r~medies, at !aw or in equity, and this Mortgage may be [oreclosecl with all righta and re~nediea at[orded by the, laws of Floride and biortgagor ahall pay al) coeta, chatges and expenses t6ereot, including a re~sonable attorney's tee, including ali auch costs, e:penses and attorney's fees (or any retrial; mhearing or appeals. The indebtedness aecured hereby ~ shall bear interest at the highest lawful rate of interest per annum in the State of Florida from and atter tlie date of any ~ such detault ot Mortgagor. It the Note providea for inatalment payments, the Mortgagee may, at ita option, collect a Iate charge not to e:ceed two cents tor earh one dollar not paid to the Mortgagee when due, to reimburse the Mortgagee for - e:penses in collecting and eervicing such instalment peymenfs. - r 13. If default be made in payment, wben due, of any`indebtedn~ss secured hereby, or in pertormance of any of Mortgagor'a obligations, covenants or agreement hereunder: (a) Mortgagee is authorized at any time, without notice, in its sole dixretion to enter upon and take pos.qeesion of the Mortgaged Property or any part thereot, to perform any acts Mortgagee deems necessary or proper to conserve the secvrity and to rnllect and receive all rents, issues and protits thereo(, induding those past due as well sss thot+e acrruing thereaher; and _ (b) Mortgagee slwll he entiQed, as a matter of striM right, without notice and eaparte, and without regard to the value ot occupancy of the secvrity: or the solvency of llfortgagor, or the adequacy of the Mortgaged Property as aecurity for the Note, to have a rereiver appointed to enter upon and take poasession of tbe Mortgaged Property, collect the rents and profita theretrom and apply the aame as the court may direct, such recei~er to have all the tighta and powere permitted uncier the laws of Florida. In either such case, Mortgagee or the receiver may s~lso take possession of, and tor these purposea use, any and ail peraonal property which ia a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or • - any part thereof. The expenee (including receiver'a tees, connsel [eea, costs and agent's compensation) incurred putsuant to the powers herein contained shall be eecured hereby_ Mortgagee shall (after payment of all coste snd ezpensea incurred) ~ ~ 289 PacE ~Q5 t -2- ~ gu~K ~ _~~1 : { ~~,w ~ ~ -m ~ - _ ~s• j,' - j _ r~"t I . ~ ~ . , Y. e , ' ~