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HomeMy WebLinkAbout0542 , ' ~ ~ ~ i u~•cuunt to ~u~y such rhurKes wh~ n due shuU t~e ~u~id by rlortKuKor tu A1ortKagee on demand. II, by mueon ot iiny de(uuU by rlortgugor unde~ uoy ~srovision o( thia Mortgage, Mortgugee decl~~rea a?il suma a~~•uted hereiry to be due und ~xsyublc~, ' Afurtgugee muy then npply uny funda ~n suid uccount u~ai?~st the entire indebtednesa eec•ured hemby. The en(o~~•eubility o( the ~r~venuntx re4~ting to tnxes, ~ai~e~amenta and inauranre premiuras herein otherwiee ~~rovided shull not I~e a(tected except ~nsotar us those obligaliuna huve be~~ met by compliance with lhis ~wragraph. Murtgagee may from time to time u1 ita uption waive, and ufter any such waiver reinst~ite, any or uli provisiona_ hereof requiring such deposita, by noti~~e to hio~tg.igor in writing. While any auch waiver ie in e(fect, Murtgagor ahull pay tuxea, urisessmenta and insurance prnmiums :~s herei~ eisewhere provided. ' 4. To promptly puy uU lares tind usec~asments assessi~ or levied under und by virtue ot nny ataite, tecleral, or munic•i~k~) lnw or regulation hereafter {xssacd, t?guinst Mortg~gee u{~on thia Morigage or the debt hereby aecut-ec1, or upon its interest under lhia Mortgage, provided however, that lhe total amount so ~xiid tor Any such taxes pursuant to this ~wr.~gruph togeth- er wilh the interest payable on said indebtedness ahup not exc~eed the higheat I~wtul rate o( intereal in Floridi~ und provided lurther tlwt in the e~•ent o( the pasaHRe o( any such law or regulation imposing a tu: or assessment ugainat Mortg~gee up- un this Mortgnge or the debt aecured herehy, thut the entirn indebtednesv secureci by this MortRuge shnll themu~~on I,e- come immediutely due And payable at the option ot MoriRagee. ~ . 5. To keep the Mortgaged Propeity insured aguinat loes or dam:ige by fim, and all perils insured aguinst by an ex- , tended cover.ige endorsement, and such other risks and ~~erils as MortgAgee in ita discretioo may require. The policy or {~oliriea of auch insun~nce shal) be in the torm in genert~l use (rom time to time in the (oculity in which the l~tortgaged . Pro~ierty is situated, ahxll be in aqch amount as Mort~uRee may reasonably require, shall he ix~ued by a com~~any or companiea appmved by 111ortgagee, and shall contt?in a standard mortgagee clause with toss ~~aynble to Mortgagee_ When- ever required by Mortgagee, such policies, shaU be delivered immediately to and hefd by Mortgagee. Any and all amounts received by Morlgngee under any of such policies may be applied by Morigagee on the indebtednesa secured hereby in such mnnner as Mottgagee may, in ita sole discretion, elect or, tri the option o[ INortgngee, the entire amount so recei~~ed or any part thereot may be releaned. Neither the npplication nor the release o[ any such nmounta shall cure or waive any default. Upon exercise of the power of sale given in this Mortgage or other ncqoisition ot the Tlortgaged Pro~~erty or any pnrt there- of by Mottgagee, such policiea shall become the a6ealute property ot Mortgagee. 6. To first obtain the written consent of Mortgagee, such consent to he granted or withheld :~t the sole discretion of Mortgagee, be[ore (a) rnmoving or demolishing .~ny building now or hereafter ere~•teci on the prnmisrs. (b) alterinR the . arrungement, design or structural character thereof, (c) making any re{h~ira which im~olve the rnmoval of structural p:~rts or the e:poeure of the interior o[ such building to the elements, (d) cutting or mmuving or permitting the cutting and re- mo~al o( any treea or timber ~n the MortgaRed Property, (e) removing or exchanging any tan~;ible ~~ersonal property which is ~k'~rt ot the Mortgaged Property, or (f) entering into or modifyinR any leases of the 1~iortRaged Yro~~erty. T. To m~intain the Mortgaged Properiy in good condition and repair, including but not timited to the making ot such . repairs as Mortgagee may trom time to time deterrtiine to F?e necesss~ry tor the preservation of the Mortgaged Property and to not commit or ~~ermit pny waste thereof. S. To comply with all laws, ordinances, tegul~tions, coven.~nts, ~nnditiot~ti and restriclions affecting lhe Mortgageci Property, and not to sut(er or perntit nny violation thereof_ _ . 9_ If Alortgagor tails to µ:iy :iny claim, lien or ene•umbrance whieh is su~x rior to this 1NorIRaRe, or when due, any tt~x or assessment or insurance premium, or to kee~r the Mortgaged Property in re~~ir, or shall commit or permit waste, or if there be commenced ~ any action or proceeding atfecting the Mortgaged Property or the title thereto, or the interest ot Mortgagee themin, including, but not limited to, eminent domain aad bankruptcy or reorganization proceedings, then Mortgagee, at its option, may pay said claim, lien, encumbrance, tax, assessment or pmmium, w•ith righ~ of submgation thereunder, may make ss~ch re~~airs and take such steps :is it deems advisable to pre~•ent or curn such vvaste, and may - appear in any such action or proceedinR ~nd retain counsel t~erein, and take such nction therein :is Mortgagee deems ad- ~ ~~isable, .~nd [or any o[ such purposes h'torigagee may advance such sums of money, inc~uding all costs, reasonable attorney's 4 tees and other items of expense as it deems necessary_ Morigagee shall be the sole judge ot the legalily, validity and priority , of any such claim, lien, encumbrance, taz, assessment and premium and of the amount necessary to be ~id in satis(action ~ thereof. Morigagee shall not he held •acrountable for any delay in making any surh payment, which delay may result in ~ any additional interest, costs. ch:~rges, expen,ges or other~+ise_ ~ 10. 111ortgagor will {~y to :Nortgagee, immediately and without demand, alt sums of money advanced by MortgaRee ; to protect the security hereo( pursuant to this Mortgage, including all costs, reasonable attorney's ~ees .ind other items of . ; expense, together with interest on each such advancement at the highest lawful rate of interest ~~er annum in the State ot ~ ; Florida, and all such sums and interest therenn slu~ll F?e secured hernby_ ~ 11. All sums oi money sec•nred herehy shall be payahle wifhout any relief whatever from any valuation or appr.iir+e- ~ ment iawa. . . ~ ~ 12. If detault be made in payment of any inst.dment of principal or interest of the Note or any part thereot when ~ due, or in payment, when due, or any other sum secured hereby, or in performance of any of Mortgago~s obligationa, coven- ~ ants or agreements hereunder, all of the indebtedness secured hemby shall become and be immedintely due gnd payable at the ~ option of Mortgagee, without notice or demand which are hereby expressly waived, in which event_Mortgagee may av,ail,ikself o( all righta and remedies, at law or in equity, and ~ihis Mortqage may be forecloeet! with all rights and remedies aiforded by ~ the lawa of Florida and Mortgagor shalt pay all costs, charges and e:pensea t6ered, iricluding a rea"aWiable attorney's tee, ~ including all sueh costs, expenses and attorney's (ees (or any retrial, rehearing or appeals. The indebtedness secuced hereby ~ shall hear interest at the highest lawful rate of interest per annum in the State of Florida fram and aFter the date ot any such deiault of Mortgagor_ It the Note provides tor instal~nent payments, the Mortgagee may, at ils option, collect a late ~ charge not to exceed two cents tor each one dollar not paid to the MortgaRee when due, to reimburse the AtortgaRee tor expenses in collecting and serv~cinR such instalment payments. ~ - ; 13. If default be made in payment, when due, ot any indebtedness se~•ured hereby, or in per(ormance of any of = ;~7ort~aRor's ot~ligations, covenants or ~Kceement hereunder. ~ (a) Mortgagee is authorized at any time, without notice, in its sole disrretion to enter upon and take ~bssession of !}:c Mt)st s L! pC` L•: *.}s°:LS~, LO )e!~^.... :srf° !4'~~•~ •~°0••,.E l,n.~ocaanyr 4c p~4~r ~n M~f.VPn•v ths~ ~ - Pi" e+ ..e~ ^S i~- { -i+ =e~" _ security and to collect and receive ~II rents, isxuea and profits thei~eof, including those past due .ts w'ell as those accruinR therea(ter; and ~ (b) Mortgagee shall he entiHed, as a matter of strict right, without notice and.exparte, and without regard to the value or occupancy ot the secvrity; or the solvency of MortKagor, or the adequacy ot the Mortgaged Property as security for ~ the Note, to have a receiver appointed to enter upon and take ~~os.session ot the Mortgaged Property, collect the rnnts and ,a protifs therefrom and apply the same as the court may direct, such receiver to have all the riqhts and powers permitted - - under the laws of Florida. In either auch case, Mortgagee or the receiver may also take pos.9esaion o(, and tor these purposes use, any and all - personai property which is a part ot the Mortgaged Property and used by Mortgagor in the rnntal or lessing thereof or ~ any part thereot. The e:pense (including receiver'a teQS, counsel tees, costs and agent's compensation) incurred pucsuant ' ~ ~ to the powers herein contained sha11 be secured hereby. Mortgagee shall (a(ter payment of all coeta and e:penees incurred) ~ ~ - ~ ti _ . $uQK ~J PA6f ' - ~ ie ~ ~ . . ' . _ _ . _ . _ . _ ~ _ _ ' y yy~~ Y . : t 3 ~ °.~„~r.~" ~,.y ~ ? ra5'~`' -,c.n:y ~ ~ sz's~z,~ s~ a~s'~"^