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Home My WebLink About0964 ~ ,t~ , .~cruunt ta {H~y auch ~•harg~~a whrn due shaU tm {u~id by AlurtguKur to hlortK+iKre un demtin~. It, 1!v ma.~`von u('linv del;~ult hy !1lortgugor under uny prorision thia l~lortgr~Re, Alortgageo dc~•lares :ill aums eecured hcreby to I~e due and {iuyabl~•, 111urfguger mary then upply nny tunclx in suid urcount ug.~insl the entire indet,ic~lni~ aecumc! hemhy. The enlorceubility uf the cpvenunta relutinq to tnxes, +~e?examrnts s~nd insurxm~e p~emiums herein othemise providcd shull not l,e utfectcd except inso(ar as those obligationx have l~een met by compliance with this pattiBriiph. MoNRugee m~y (rom time to time nt itx option waive, nnd a[ter uny such waiiver t+einsinte, any or all provisions hereo( requiring auch de{wsits, by notice to 1~9ortgagor in writing. While any such waiver ia in e(fect, Mor~ga~or ahall imy iuxt~, axses~mrnts and iosurunce prerniuma .?s herein eleewhere provided. . 4. Tu promptly {wy all taxes nnd asseavments a~~esed or le~~icd under and by virtue o( uny state, tedernl, or munici{x+l luvv or regult~tion hemn[ter pussed, against Murtg.ig~•e u{wn this Mortgagz or the debt hereby secured, or upon its interc~t under this Mortgage, provided however, thrit the lotal umount so {~id (or uny auch la?xes pursuant to this Euir.igraph tugeth- er with the inlerest {x~yuble on aaid indebtedness ahull not ex~red the highrst law(ul nile ot interest in Florida and providc~d turther thut in the e~~ent ot the {k~ssaige ot uny such Inw or reg~lutiun im{waing a tnx or ussesament ag~inat Mortgagee up- on this Mortgage or ihe det?t ~•ured hereby, tht~t the entim indebtednes.c sec•un~ci by this MortR:~Re shall themu~wre I~c~- come immediately due and pny+~ble ut the option o( MortRagce. 5. To keep the I?Tortgaged Praperty insured aguinst luss or dam~ge hy firn, and all perila insured aBainst by an ex- tended roveruge endorsement, and such uther risks t~nd ~~erils as Mo~:gagee in its discretion m.~y require. The poli~•y or ~~olicies of such insurnoce ahaU be in the form in generul use from fime to time in the locality in which the Mortgaged Pro{?erly is situated, shxil t~e in such amount us Mortgagee mi~y reasonably require, shaU !,e issued by a com~uu~y or _ comEx~nies appmved by- Morlgagee, and shall contain a sit~ndatd mo~t~ugee clause with loss ~h~yable to Dtortgagee. When- ever required by Mortgagee, such ~wlicies, sha11 be deli~~ered immediately to and held by Mottgagee. Any and ~11 nmounts received by Mortgagee under any of such policies mny be applied by Mortgagee on the indebtedness secured hemby in such manner as Mortgagee may, in its sole discretion, elect or, at the option of Mort~agee, the entire amount so rreceived ar any {>art thereof may be released. Neither the applicatio~i nor the release of any such amounts shall cure or wnive ~ny default. llpon exemise of the power ot sale given in this 11lortgaRe or other a~cquisition ot the Mortgaged Property or any {~rt there- oi by Mortgagee, such policiea ahnll become the absolute pro~~erty ot Mortg.iRee• 6. To first obt:~in the written consent of Morl~aqee, such consent lo he grantecl or withheld :?t the sole discmtion o( 1lortgagee, betore removing or demolishinR any building now or hematter rrc~•ted on the premises, (b) alterinR ihe arr.~ngement, design or atructural character thereof, (c) making any m~k-~irs which im•olve the removal o( structural p:,rts or the ex{wsure of the interior ot such building to the elements, Id) cutting or removing or permitting the cutting and re- mo~•al ot anv trees or timber on the Mortgaged Pmperty, (e) rnmo~~ing or exchanging any tanRible i~ennnal pro{~rty which is part of the Morigaged Pro~~erty, or (t) entering into or mcxlityinR any leases af the ?~lartguReci Yro~~erty. 7. 7'o mt~intain the Mortgaged Property in good condition and rn~~air, including but not limited to the makinR of such feEkil(9 as Mor/Ragee m:~y from time to time determine to be necessarv for the presen~~tion of the MortRaRed Property and to not commit or ~~ermit nny waste lhereot. ~ R_ To comply with all la~+~s, ordinancec, rrgulations, c-o~•enants, ~~nditior~s :~nd mstri~•tions af(ec•ting the 1~1ortR~~R~ Proj~erty, and not to sufter or E~ermit :~ny violation thereof. 9. tt Mortgagor f~iils to ~k~y any cl:iim, lien or encumhrunce vvhich is su~~erior to this T1ortR:~Ke, or w•hen due, :~ny t:~a or assessment or insur.~nce premium, or to keep the Atortgaged Property in mp:~ir, or shall commit ar ~~ermit w:?ste, or i( thern be commenced any xction or pra~eedin~ affectinR the MurtgaRed Pro~~erty or ihe title thereto, or the interest of Mortgagee therein, includinR, bul not limited to, eminent domain and tr.~nkruptcy or rrorRanization proceedings, then Mortgagee, at its option, m~y ~x~y said claim, lien, encumbrance, tax, as4essment or premium, with right of subrogation thereunder, may make such re~k~irs .~nd take such ste{~s as it deems advisable to prevent or cure such waste, and may appear in any su~'h action or prm~eedin~ and retain counsel tfierein, and take such action therein :is 11'IortRagee deems ad- ~~isable, and for any of such pur~~oses MortQaqee m:~y advance such sums ot money, in~•luding all r~sts, reasonable attorney's 4 fees and other items oi e:pense as it deems neres~:~ry. Mortgagee shall t?e the sole judge of the legality, validity.and priority o( any such claim, lien, encumbrance, t~:, assessment and premium and of the amount nece.ssary to be paid in satis(action ~ r therF.~of. Mortgagee shaU not be,held accountable for any delay in making any such ~wymenl, which delay may result in ' F any additional interest, costs, charges, ex~~enses or otherwise. _ ; ~ 10. Mortgagor will ~kiy to Mort~agee. immediatel~~ and without demand, all sums of money ad~~anred by Mortgakee 3 to protert the security hereof pursuunt to this Mortgage, including all cosls, rea~sonable attorney's tees :ind other items of ~ expense, together ~+~ith interest on each such advancement at the highest law[ul rate of interest ~~er annum in the State o( ~ Florida, and all such sums and interest thereon shall be secured hereby. ~ 11. Al) sums of mon~y sec~ured herehy sh:dl i?e payahle without any mlief ~vhate~•er (rom any ~:iluation or apprai~e- ~ ment la~+•s. , ~ 12. If de(ault be made in ~uiyment of any inst:~lment of principal or interext of the Note or any part thereo( when ~ due, or in payment, when due, or any other sum secured hereby, or in pertorman~~e of any of Murtgagor's obligations, coven- ~ :~nts or agteements hereunder, all of the indebtedne.ss secured hereby shall t?eeome and be immediutely due and ~~yaMe at the option of Morigagee, without notice or demand which are hereby expressly waived, in which event hiortgagee may a~ail itsel( ~ ot :~Il rights and remedies, at law or in equity, and this htortgage may lie foreclosed with all rights and remedies afforded by ~ the laws ot Florida and Mortgagor shall pay-all costs, charges and expenses thereoi, including a reasonable attorney's (ee. including all such costs, expenses .~nd attorney's fees (or any retrial, rehearing or appeals. The indebtedness secured heret~y ~ shall bear interest ;~t the higfiest lawful r<~te of intertst per :+nnum in the State of Florida from and after the dafe of .~ny ~ such detault o( Mortgagor. I( the Nole provides for instalment payments, the ~1fortQ:~gee may, at its option, collec•t a late ~ charge not to exreed two cents for each one dollar not ~~aid to the MortQaRee when due, to reimburse the ;~1ortRagee for ex~?enses in ~mllecti~R and sen•icinR such instalment payments. f; 13. It defauit be made in pnyment, when due, o( any indebiedness sc~~ured hereby, or in per(ormancF ot any of ~1ort~agor's obliRationa, covenants or ~Kreement hereunder. ~ - Ia/ hlortgaRee is authorized at any time, without notice, in its ~le discretion to enter upon and take ~?ossession of - the Mortg~~Red Property or any part thereof, to E~er(orm any acts Morlgagee deems necessary or prop~er to consen•e the , = security and to collect nnd rec•ei~•e :~11 rents, issues and pro(iks thereof, including those past due as v?'ell as thoae accruinR thereaiter, and (b) Mortgagee stu{II be entiNed, as a matter of strict right, without notice and exparte, and without regard to the _ value or occupancy of the security, or the soh•ency o( Mortgagor. or the adequacy ot the MortgAged Property as security for - the Note, to have a receiver appointed to enter upon nnd take pos.gession of the Mortgaqed Property, collect the .rents and profits therefrom and apply the same as the court may direct, such receiver to ha~~e all the rights and powers pertnitted under the laws o[ Florida. ~ In either such case, Mortgagee or the recaiver may also take {wssession of, and (or these pur~wses use, ang and all personal property which is a part of the hiortg~ged Property and used by tllortgagor in the mntal or leasing thereot or any part thereo(_ The expense (including recei.~er's tees, counsel teea, costa and agent's compensation) incurred pursuant =r~ to the powers herein rontained shall be secured hernby. Mortgagee shall (after payment of all costs and ezpenses incurred) r; -2- ~ : ti R ~ _ ~'1~ t ~ rAGL ~ ~F _ : ~ : V . - : ~~s~ T ~ ~ _ x ~ = - _ : ~..ra i'-^ "?"s'Y n~.''r~..- .C': " ~ . ~~.~T~d~'~.^~ ~_CT S°s~4 A L