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Home My WebLink About0447 u~ti~uni to pay auch chur~ea whrn due ahull he ~wid hy MorlgaKor to Mortg:~gee o~ clemt?nd. 1I, by retuwn ot any de(uult by Mortgagor under ~ny proviaion ot this Mu~tgage, blorigugee declares aU aums aecured herel~y to be due and {x~yuble, Mortgagee muy then apply any funda in said uccount uga~nst tho entire indebtednexs secured hereby. The e~(orceability of the coven+ints relatins to taxes, nwessmeats aad insuram~e premiums herein otherwiae provided ahaU not be a(fected except ituotar as tho~e oWigetionr have been met by complian~~e with thia parngra~. Mo~tgagee may from time to time at its option waive, and after any such waiver reinstate. any o~ aU provisions l~ereot requiring euch deposits, by notice to MortguRor ia writina.. While any such wai~rer is in ettecl. Mortgagor shalt pay ta:es, aseesamenle and insurance premiuma ua herein ebewhere provided. d. To prompUy pay all taxea +~nd asaeaxmentrs uuseascd or levied under And by vittue ot siny state, (ederal, oT municipal _ luw or regulution hereaiter pnssed, againat Mortgagee upon thia Morlgage or the debt hernby secured. or upon its intereet under thia Moctgxge, ptovidad however, that the totul amount so paid tor a~y such laxea {wrxuant to this paraKraph togeth- er witl~ the intereat payable on suid indebtedness sluill not e:ceed the highest lawtul rate ot interest in Florida nnd provided furiher that in the erent ot the passage ot uny auch law or regulation impo~ing a ta: or ussesament ~gainst Mortgugee up- un this Mortgage or the debt secured hemby, that the entire indebtedneas secured by this Mortgage shn11 thereupon be• come immedietely due und payable at the option ot MoHgagee. 5. To keep the Mortgaged Property iTUwred s~gninst loss or danwge by fire, and al! Nerils insured againat by an ex- tended co~~erage endotsement, and such other risks nnd perils na Morlgugee in ita discretiom m~y require. The policy or policiea ot auch inaure~nce ehall be in the torm in general uae from time to time in the lorulity in which the Mortgaged • Property is situs~ted, ahall be in such amount aa Mortg~Ree mny reasonably require, ahali be isaued by a com~wny or companiea approved by Mo~tgagee, and shall contain n standard mottgugee clause with losa payable to Morigagee. When- e~•er required by Mortgagee, such policies, ahall be deliverrd immedialely lo and held by Mortgagee. Any nnd all amounla received by Mortgagee under any ot such policies may be applied by Mortgagee on the indebtedness secured hereby in such manner as Mortgagee may, in its sole discretion, elect or, at the option ot Mortgagee, the entire amount so received or Any par! thezeo[ may be released. Neither the application nor the release ot pny auch ~mounts shall cure or waive any delault. Upon e:erciae of the power ot eale tCiven in this Mortgage or other acquiailion of the Mortgnged Property or any part there- oi by Mortgagee, such {wlicies ahnil t?ecome the aheolute property ot Mortg~gee. 6. To (irst obtuin ihe written consent of Mortgagee, auch consent to lie gmnted or withheld Ht the sole diacmtion o( Morigagee, betore (a) removing or detrwliahing any building now or hemufter erec•ted on the premiees, (b) altering the arranRement, design or atructural ch$ractee lhereof, (c) making any repaira which involve the removal o[ struclurAl parts or the e:poeure ot the interior of such building to the elementa, (d) cutting or removinq or permitting t6e cutting and re- mo~•al of any trees or timber on the Mortgaged Property, le) removing or exchanginq any tangible personal propertY wh~ch is ~x+rt of the Mortgaged Property, or (tl entering into or r.iodifyinq nny leases of the Mortgaged Primperty. 7. To tmintain the Mortgaged Property in good condition and repair, including but not limited to the mxking ot such repaira ~s Mortgagee may irom time to time determine_to he necessary tor the preaervntion ot the Mprtgagcd Proper[y nnd to not commit.or permit any waste thereof. - 8. To comply ~ailh all lawa, ordinan~^ea, regulations, covenants, conditions and reslrictions attecting the Mortgaged Pro{~erty, and not to sutter or permit aoy violation thereot_ - 9. I[ Mortgagor (ails to ~wy any claim, lien or encumbrnnce which is su{~erior to this Mortqfige, or when due, any tnx or assessment or insun~nce premium, or to keep the 111ortgaged Property in repair, or shaU commit or pe~nit waste, or i( there be commenced any t+ction or proc~ecding affecting lhe Mortgaged Property or the titlg thereto, or the ipterest ot Morlgagee therein, including, but not limited to, eminant domain and Iwnkruptcy or reorBaniration proceedinga, then Mortgpgee, at ita option, may pf+y said claim, lien, encumbrance, ta:, aa.qessment or nremium, with right of subrogation _ thereunder, may make such repairs and take such steps :?s it deems advisable to prevent or cure such waste, and may ~ppear in any such action or pra.-eeding and retain counsel therein, and take such action therein :is 1liortgagee deems ad- visable. and tor any ot such purposes Mortgagee may advani~e such eums ot money, including all coxta, reasonable attorr~ey's tees and other items of e:pense as it deems neceseary. Mortgugee ahaU be the sole judge of the legality, validity ared priority of any such cluim, lien, encumbnince, taz, assessment and premium and of the amount necessary to be paid in satistaction thereoi. Mortgagee shall not be 6eld aec~ounlable for any delay in making any su~•h payment, which delay may result in i any additional interest, costs, charges, e:penses or otherwise. . i ~ 10. Mortgagor will pay to MortRaqee, immediately and withqut demand. :~11 sums of money advanced by Mortg~Ree ~ to pmtect the security hereof pursuant to thia Mortgage, including al) costs, reason:ible attorney's (ees and other items of expenae, together with interest on each such advancement at the highest lawful rate of interest per annum in the State of f Florida; and all such sums and intereet thereon shall be serured hereby. ! 11. All sums ot money se~vrecf hereby ahall he payahle without any relief whatever from a~ny ~~aluation or appraise- ment lawa. . 12. If detaull Fie made in i~yment ot any instalment o( principal or interest of the Note or any part thereot when due, Gr in payment, when due, or any other sum secured hereby, or in performance of any o[ Mort$agot e obliRations, coven- ants or agreementa hereunder: all of the indebtedness secured hereby ahall become and be immediately due and payable at the option a[ Mortgagee, without notice or demand which are hereby ezpressly waived, in-which event Mortgagee may avail itselt ot all righta and mmedies, at law or in equity, and this Mortgage may he forecloaed with all rights and remedies afforded by the L~ws of Florida and Mortgaqor ahall pay all costa, charges and e:penaea thereof, including a reaeonaMe attorney's (ee. including aU such costa, e:penses and attorney's teea tor any retrial, rehearing or appeala_ The jndebtedne~s secured herebY ahall bear interest at the highest law(ul rate ot inlerest ~~er annum in the State o[ Florida trom and after the date of any such default of Mortgagor. If the Note provides tor instalment payments, the MortgaRee may, at its option, co11eM~ a late charge not to exceed two cents tor each one dollar not paid to the Atorlgagee when due, to reimburse the Alortgagee tor expenses in collecting a~d aeevicing such inslaiment payments. ~ 13. If' default be made in payment, when due, of :iny indebtedness secured hereby, or in pertormance o( any of Mortgagoi s obligalions, covenants or agreement hemunder: • (a) MortgaRee is authoriaed at any time, without notice, in ita sole diacretion to enter upon and take possession df ` the Mortgaged Property or any part thereot, to perform any acts Mortgagee deema necessary or proper to conserve the ~ security and to collect and receive all rnnts, issues and protits thereof, including th~e past due as well aa thoae aecruing ~ ~ thereatter: and ~ (b) Mortgagee ahal) be entitled, as a matter of striM rigfit, without notice and e:parte,_and without regard to the ~ value or occupancy ot the security, or the solvency ot Mortgagor, or the adequacy of !he Mortgaged Property aa security (or ~ tt~e Note, to have a receiver appointed to enter upon and take poases+sion of the Mortgaged Property, collect the renta and ~ profits therefrom and apply the same as the court may direct, such receiver to have all the righta and powera permitted ~ under the lawa of Florida. { ~ In either such ca9e. Mortgagee or tlie receiver may aleo take po~vession of, and for theae purposea use, any and all _ t petaonal property which i~ a part ot the Mortgaged Property and used by Mortgagor in the rental or leasing thereo[ or any part thereof_ The e:pense (including receiver'a feea, counael tees, coeta and agenYs rnmpensation) incurred pursuant to the powere herein contained shali be eecured 6ereby. Mortgagee ehall (atter payment ot all costa and e:penses incurred) ~ -2- ~ - ' e~oK289 PACE 444 ; ~ : - - _ : ~y - ~.K.~~ - ~ _ . : ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ _ ~ ~ ~ -