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HomeMy WebLinkAbout0855 a~c~•ount to ~k~y xui•h ~•hurgcy when due ahall Iw ~wid hy I11ortKugor tu 111ortgug~Y~ u~ demand. It, by n~a~,n ot :~ny d~d~?ult by Mo~tgagor unde~ :~ny pro~•ision of this I~1ortKi~ge, Mortg,igre de.lures all suma :~ecured hemby to he due a~d ~?:~yalde, Mor1g:~~ee may then apply nny funcia in a~?id a~ccount uguinst the entire indebleclnexa xe~•ured herrby. 7'he enforceubility of the covefu?nts relating to t~ixes, nesiasments and inaurxnce premiuma herein olherwise provided ahal) not be nifeeled except . ineo(c:c as those obliguliona hn~•e iieen met by complinnce with this {wru8rrtph. Mortgagee may (rom time to time at ita option waive, and ufte~ any auch weive~ reinstate, nny or all proviaiona hereof reyuiring such deposits, hy notice lo Mortgugor in writing. While any euch waiver is in ef(e~•t, Morlqagor shxli pny taxea, ns~esainenta and insuram^e premiunui as herein elsewhere provided. 4. To promptly {wy ull taxer and useeesments asss~~ssed or levie•d under and by virtue ot ~~ny stute, tcdernl, or munici{~:~I law or negulution hereafter {xtsacd, aKainst hlorlgagce u~x~n thia Morlgage or the debt hereby seeurod, or upon ita interrst under lhis Mortg:~ge, provided however, that lhe total nm~unt ~o pnid tor any such tn:ea pursuant to this pnr.~Kr~ph toKeth- er wilh ihe intereat puvHble on said indebtednese shall not e:ceeci the highesl la~wfui rate o( interext in Florida und providev~ furiher fhul in ihe eve~t of the ~~Re o( any such law or regulation im{waing a tax or :?aserssment uguinst MoHKi~R~ up- on this hlortguge or the debt secured hernby, thal the entire indebtedness se~•un~l 1?y this Alorlguge shciU thereu~wn 1~- come immedialely due and ~wyable at the option of Mottgngee. 5. To keep ihe 11lorigaged Property insured against losa or dam~Re by fire~ and all perils inaured uguinst by ao ex- tended rnvenige endorsement, and such other risks :~nd ~~erils +u Mortgagee in its discretion muy require. The ~wlicy or ~~oliciea of such insurAnce shall be in the form in genernl use from time to time in the locality in whi~•h the 1~lortgnKrd Pro~wrty is situuted, ahaU he in such amount as Mortgagre mny restssonably require, shall be is4ueci by H com~~:~ny o~ companies approved by Mortgagee, nnd shall contain v standard mortgs~gee cl~use with loxs payable to Alortgagee. When- ever required by Mortgi~gee, such policiea, s6aU be delivered immediutely to and held by Morigs~gee. Any ~nd all amounts received by Morigagee under any of such policiea raay Le applied by Mortgagee on the indebtedness secured hereby in such munner ns hlortgagee may, in its sole discmtion, elect or, at the option ot Mortgagee, the entire amount so received or pny part thereof mAy be rele:ised. Neither the Applirntion nor the mlexse of any such amounts shAll cure ur waive any default. Upon e:ercise of the power ot sale given in this Mortgage or other acquisition o[ the Mortgaged Pro~~erty or any paH there- ot hy Mortgagee, such. ~wlicies sht~ll tx~come the at~nu;:;.e ~::opeHy of 1ltortgagee. 6. To firxt ohtnin the written consent of 114urtRagee, such consent to t?e granted or withheld .N the svle dise•retion o( l~iortgagee, t?etorn (a) removing or demolishing any building now or hereafter erected on the premises, (b) altering the arr.~ngement, design or slructural chaneter thereof, (c) making any rnpairs ~vhich involve the removal ot structural parts or the exposure o( the interior of such building to the elements, (d) culting or removinR or permitting the cutting and re- mo~•al ot ~nv trecw or timber on the iliortR~Red Pro~ierty, (e) removing or exchnnging uny langiMe ~~ersonal property whi~h is {?art of the 1~lortgaged Property, or (f) entering into or moclifying any Izases o! the 141ortg.~Red Yro~>erly. 7. To m:~intain the Mortgnged Property in good condition ~nd re~~air, including but not limited to the making of such rnpairs us Mortgagee m:~y rrom time to time determine ta t?e nece~sary for the pmsen•ation of the Mortg:iged Property and to not commit or permit any waste thereof. 8. To comply vrith :iII ~:lN'3, ordinances, regulations, co~~enants, i•onditiuns .?nd restrictions atfei•ting the Mottqaged Pro~ierty, and not to sutfer or permit any violation thereof. 9. I( Mortgagor fpils to ~~ay any claim, lien or encumbrance which is su{~erior to this Morlgage, or when due, any tax or assessment or insurance pmmium, or to keep the rlortRaRed Property in m{k~ir, or s}wll commil or permit w:iste, or if thete be commenceci any action or pr«~eeding a(tecting the Mortgaged Properly or the title lhereto~ or the interest o( Mortgagee themin, including, Uut not limited to, eminent dom~in and bankruptcy or reorganization proc•eedings, then Mortgr~gee, at its ootion, may ~~y s:~id claim, lien, enc•umbrnnce, tax, as.gessment or premium, with right of subrogation . thereunder, may make such re{k~irs and take such steps as it deems ~dvisable to pre~•ent or ivre such v~aste, and may appear in any such action or pnx~eeding and retain counsel tt?erein, and take such action therein as 1Nortgagee deems ad- ~•isable, and tor any of such purposes 14iorigaRee may advanc•e such sums ot money, including all costs, reasonable attorney's lees and other items ot expense as it deems necessary. MortgaRee s}u~l{ be the sole judge of the legality, validity and priority ut any such claim, lien, encumbrnnce, tax, na~eagment and premium and of the amount nec•essary to be ~mid in satis(action thereof_ Mortgagee shal! not he held accountable tor any delay in m:~king any such payment, which dels~y may result in li .iny additional interest, costs, charges, ezpensea or othenvise_ ~ 10. Mortg:~gor will {?:?y to MortRagce, immediately and w~ithout demand, all sums of money ad~•anced by MortgaKee to protect the security hereof pursuant to this ~dortgage, including all costs, mason~ble attorney's fees and other itecru of i expense, together with interest on each such advancement at the highest lawtul rate of interest ~~er annum in the .S,tate ot ~ Florid:~, and :~11 such sums and interest thereon shall be sec•ured hereby. ~ 11. All sums o( money secured herehy shall t?e ~k~yable without any relie( wh:dever tmm :~ny ~~aluation or appra~se- ~ ment laws. ' 12. It default I~e made in payment ot any instalment o( princi~~al or interest o( the~ Note or any E>art thereo( vrhen due, or in {k~yment, when due, or any other sum secured hemby, or in performanc-e of any of MortRagoi s obliRations, coven- ants or aRreements hereunder, all of the indebtedness secured hereby shaU become and be immediatply due aAil ~~ayahle at the option of D'Iortqagee, without notice or demt~nd which are hereby expressly waived, in whic6 event Mortgagee may a~ail itself of all rights and mmedies. ~t Inw or in equity, and this Mort~age may be toreclosed with all rights and remedies atforded by the la«•s of Florida and Mortgagor shall pay all costs, charges and expenses thereof, includinq a reasonable attorney's fee, includinR all such costs, ezpenses and attorney's tees for any retrial, rehearing or ap~~eals. The i»debtedneae eecured hereby shall bear interest at the highest law•tul rate of interest {~er annum in t6e State u[ Florida from ~nd atter the d~te ot any such default of 111ortqaRor. i( the Note provides for instalment ~k~yments, lhe Mortgagee may, at ifs option, collect a late charge not to ezc~eed two cents for each one dollar not ~wid to the Mortgagee wher, due, to reimburse the Mort~agee tor ~ ex~~enses in collectin~ and servicing such instalment payments. . 13. It default be made in payment, when due, of any indebtedness secured hereby, or in per(ormance of ~ny of . Mort~.~goi s obligations, covenants or aRreement hernunder. ~ ~ (a) Mortqagee is authorized at any time, without notice, in its sole discretion to enter upon and take possession of the Mortgaged Pmperty or any ~~art thereof, to ~~erform any acts yiortgagee deems necessary or proper to consen•e the ~ aecurity and to collect and recei~~e all rents, icsues and profils thereof, including those p~st due ~s well as those accruing ~ thPreafter: and ~i ~ (b) 1liortgagee shall be entitled, as a matter of strict right, without notice and exparte, and vvithout regard fo fhe , value ~r occu}h-~ncy ot the secvrity, or the solvency of Mortgagor, or the adequacy of the 1ltortgaged Property as security (or I ~ the I`'ote, to have a receiver appointed to enter upon and take possesaion ot the Mortgaged Property, collect fhe renta and ' ~ pmfits therefrom and npply the same as the court may direct, ~uch receiver to ha~•e all the riqhtx and powers permitted ~ under the laws of Florida. In either such case, Mortgagee or the receiver may also take ~wsseasion oi, and tor these purposes use. any and all personal pro{~erty which is a patt of the Dlortgaged Property and uaed by Mortgagor in the rental or leasing thereo( or any paH thereo(. The expense (including receiver'a fees, counsel tees, costs and agent's compensation) incurred purauant to the powers herein contained ahall be eecured hereby. Moetgagee shall (after payment of all costs and ezpenaes incurred) ~ -z- a~o~ 296 P~ ,~f 853 ~ ~ ~ ~ . : J_ ~s_ _ _ - ~ ~ ~ ~ s F ~-.~w . ~ ~