HomeMy WebLinkAbout0692 .
.:w
accuunt to ~kiy such rhi~~ges when due shidl lm ~u~id by Mortgagor to Mortg,~gce on dem.~nd. ' It, by masun of uny deL•~ult
hy Morlgagor under any provision of thia Mortgage, Mortgt~gee declnrea aU sunu~ aecured hereby to i~e due and {x~yuble,
Mortgagee tra~y the~ upply any lunds in said account ugainst the entire indehtetlness eu~•umd herel~y. The entorceability of
the cove~u?nta reluting ta taxes, usaeaaments and inauraoce premiums herein otherwiee provided shull not be a(tectcd except
ineotur an those obligationa heve been met by compliunce with ihis paragruph. Mortgagee m~y trom time to time s~t ita
option waive, and at/er uny auch wui~rr reinatnte, any or :dl provtsiona hereol ceywnng such depoa~ts, by nouce to
hforigaigor in writing. While any such waiver ia in etfect, I?iortgAgor alwli pay tuxes, usaesamenta and insurnnce premiums
us herein eleewhere provided. ,
4. To promptly pay uli tuxea und :~eseasmenls i~s~exae~ or levied under und by virtue ot u??y stnte, tederal, or municiEx~l
I~w or regulntion hereafter pasaed, against Mortgagee u{wn ihia Mortg~ge or the debt hereby aecured, or u{xrn its interest
1 .l • 1f_.._ . 1- J L •l._. •L_ ~_'J _"__l ?L:_ ~~..~...._._«L ~
u:i:ii:i it:ib aii:/tib.ipi:. iii4:1:11Y tcc:asc;:i;[~ ?ia.it ui:; Kiiaii Stc:c:u:~c 3L Fs.zau tcsi .aiaj ,:i:at a.aaa~3 ~suazsz.zctt w acsw yuau~zu}ssa auoc.ac
er with the interest puyable on said indebtedness shAll not exceed the higheat lawful rate o( inte~est in Floridu and provided
furtl~er that i~ the event oi the ~wssai8e ot uny such luw or regulation imposing a ta: or assc~sment ags~inat Mortgagee up-
on this Martgf~ge or the det~t eecumcl hereby, thnt the entire indebtedness secured by this MortgaRe sh~ll thereu~~on Ix+-
come immed~ately due and payable ~t the option of Mortgagee. •
5. To keep the Moctgaged Properly insured against losa or damage by fire, and all perila insured ugains/ by an ez-
tended co~•erage endorsement, and such other riska und perils ais Mortgagee in ita discretion mey requirn_ The {wlicy or
policiea ot sac6 insurance shal! be in the torm in general use from time to time in the lorality in which ihe Mortg~~g'ed
Property is situateci, slwll be in such amount as Morigagee may reusoraibly require, shall be is4ued by a com{wny or
companiea approved by Mortgngee, and shall contain a standard mortgagee clause with loss payuble to Mortgagee. When-
ever required by Mortgagee, such policies, shall be delivered immediutely to and held by Mortgagee. Any and all amounta
received by Mortgagee under any o[ such policies may be applied by Mortgagee on the indebtedness secured hemby in such ~
manner as Mortgagee may, in its sote discretion, elect or, ut the option of Mortgs~gee, the entire amount so re~~eived or any
part thereof may be released. Neither the application nor the release of any such amounts shall cure or waive any default.
Upon exercise of the power ot sale given in this I1lortgage or other acquisition of the MortgaRed Pmperty or nny part there-
oi by 1liortgagea, such policies shall hecome the uheolute property o( MortgAgee. .
6. To first obtain the vrritten consent of Mortgagee, such consent to he granted or withheld .~t the sole discretion o( ;
Mortgagee, betore (a) removing or demolishing any building now'or hereafter erected on the premises, (b) altering the
arrangement, design or structural character thereof, (c) making any repairs which involve the removal o( structural parls
or the exposure ot the interior of such building to the elements, (d) cutting or remo~~ing or permitting the cutting and re-
moval of any trees or timt~er on the Mortgaged Property, (e1 removing or excFuinging any tangible personal property whirh
is ~~rt o( the Mortgaged Properly, or (i) entering into or modify~ing uny leases of the Mortgnged Properiy.
7. To maintain the Mortgaged Property in Roal condition and repair, including hut not limited to the mnkinR of such
repaira as Mortgagee may (rom time to time determine lo t?e neces.4ary tor the preservaition ot the MottRaged Property and
to not commit or permit any wasle thereof.
8_ To comply with all laws, ordinances, mgulations, covenants, conditiuns .:~nd restrictions affecting ihe MortR:iRed
YropeHy, and not to sutfer or perniit any ~~iolation thereof.
9_ lf Mortgagor fails to ~kiy any claim, lien or encumbrance which is su~~erior to this A1ortRaRe, or when due, any tax
or asseasment or insurance premium, or to keep the Mortgaged Property in mpair, or shall commit or permit waste, or it ~
there be commenced any pction or proceeding a(fecting lhe Mortgaged Property or the title tFiereto, or the interest o(
Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorgani~ation proccedings, then
Mortgagee, at its option, may pay said claim, lien, encumbrance, tax, assessment or pmmium, with right of subrogation -
thereunder, may make such repairs and take such steps us it dee~rts a~dvisahle to prevent or cure such waste, and may
appe• in any such action -or proceeding and rets~in counsel therein. ~nd take such action therein .ia htortgagee deems .id- "
visab d tor any of such purposes INortgagee may advanir such sumtj of money, including all costs, re:?sonable attorney's
~ [ees a ther items of expense as it deems necessary_ Mortgagee shall be the sole judge o( the legalily, validity and priority
; ot any such claim, lien, encumbrance, taz, asseasment and premium and of the amount necessary to be paid in satistaction i
thereoL Mortgagee shall not be held accouniable tor any ~elay in making ank such ~~yment, which deTay may result in }
j .iny additiona) interest, costs, charges, expenses or othecwise.
~ 10. Mortgagor will ~~ay to Alortgagee, immediately and without demand, all sums of money advanced by Mortgagee
j to prote~t the security hereof pursuant to this Mortgage, including aU ~•osts, re.isonable attorney's fees and other items of
~ expense, together with interest on each such advancement at the highest lawful rate ot interest per annum in the State o(
~ Florida, and all such sums and interest thereon sh~ll 1?e secured hereby.
~ ll. All sums of money sei•ured hereb~ shall Fie payable without :~ny n~lie( wh~te~•er fmm any ~•aluation or appnise-
ment law~s.
~ 12. It default he made in payment of .?ny instalment ot principal or intereat of the Note or any part thereot when
~ clue, or in payment, when due, or any other sum secured hereby, or in {~erformance o( any of Mortgagoi s obligations, coven-
ants or s~Rreements hereunder, all of the indebtedness secured hereby shall hecome and t?e immediately due and ~yable at the
option ot Mortgagee, without notice o~ demand which are hereby e:pressly waived, in which evenE Mortgagee may avail itself
ot all riqhts and mmedies, at law or in equity, and this Mortgage may be torecloseci with all rights and remediea atforded by
the laws ot Florida and Mortgugor shall pay all costs, charges and expenses thereof, including a rea.gonable attorney's fee,
including all such rosts, expenses and attorney's fees tor any retrial, rehearing or appeals_ The indebtedness secured hemby
~ shall bear interest at the highest lawful rate o( interest per annum in the State of Florida from and after the date of any
~ such default ot 114ortgagor_ It the Note provides for instalment payments, the Mortgagee may, at its option, collect a late
~ charge not to exceed two cents for each one dollar not paid to the Mort~agee when due, to reimburse the MortQagee for
~ expenses in collecting and aervicinR such instalment payments. ~
~ l3. If default be made in payment, when due, of any indebtedncss secured hereby, or in pertormance of any ot
hiort~.~gor s obligationa, covenants or agreement hereunder:
= la) Mortgagee is authorized at any Ume, without notice, in its sole discretion to enter upon and take {w~..ses.4ion of
- the blortgaged Property or any part thereof, to F~erform any acts Mortqagee deems necessary or proper fo consen~e the
- security and to collect and rereive all rents, issues and profi~4 thereof, includinR those past due as well as those accruinR
~s thereatter: and
(b) Mortgagee shall he entitled, as a matter of strict right, without notice and exparte, and without regard to the
~ value or occupancy of the security, or the solvency of Mortgagor, or the adequacy of the Mortgaged Property as aecurity.for
= the Note, to have a recei~~er appointed to enter upon and take possession ot the Mortgaged Property, collect the rnnta and A
~ pmiits therefrom and apply the same as the court may direet, such receiver to ha~•e all the rights and powers permitted ~
under the laws of Florida.
In either such case, Mortgagee or the receiv~r may also take ~wsseasion ot, and [or these purposes uae, any and all =
~ p pe y part of the 111ortgaged Pm ri and used b Mott a or in the rental or leasin thereot or
personal ro rt which is a pe Y Y B B B ;
~ any part thereo(. The e:pense (including receiver's fees, counsel fees, costs and agent's compensation) incurred puisuant
~ to the powers herein contained shall be secured hereby. 144ortgagee shall (after payment of all caeta and e=penses incurred) :
~ i
~ f
-
~ -2- ~'O~r ~~7J fACE U~1 `
YF ~
~ . _ _ ~ " _ " _ _ ~
ti ~
E . . . . . ~ ~eE:'~:.~'.:';_ ` . _ ,