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Home My WebLink About0868 ' ' . ac~~ounl to {wy su~•h chargcs when due ah+?11 t?e {p~id hy Alortg:~gor tu Mortg~igee on demuM~ If, by renau7~ a( any defuult by Mortgngor unde~ nny proviaion of this Mortgage, MortgAgee dec•lares tdi auma secured hereby to be due and ~wyui~le, llturtgugee may then apply uny funds in euid uccount ngaina~ !he entire indebteclnesa aecured hereby_ The en(orre~bility o( the covenanta reluting to taaea, aseesemente and insurunce premiuma herein otherwise pcovided ahall not be a[(ected excep/ insofar us tho~e obtigationa have been met by compliance with this paragraph. Mortgagee may from time to time al its option waive~ and a(ter ainy auch waiver reinstaie, a~y or ull pmvisions hereot requiriog auch deNoaits, by notire to Mortgugor i~ writing. While any such waiver ia in etfect, 1lforigagot atwll pay ttixea, assesamenta and insuru~ce premiumx as he~ein elsewhere pmvided. . 4. To ptomptly {aay all tu:es and aesessmenta :tssrssecl or levied under and by viHae ot any stule, (ederal, or municipal luw or regulation hereatter {x?saed, againat Mortgagee uEwn thia MoNgage or the debt hereby secuced, o~ upon its interest under this Mortgage, pro~•ided however, that the totxl amount so ~id for nny surh ttixes putsuant to this parug~aph togeth- er with the intereat puyable on said indebtedness shul! not exceed the higheat I~wtul rnte o( i~terest in Fioridn and provided (urther thut in the event of the {x~ssxge o( any such law or regulation imj~osing a tax or ~ssessment i~gninst Mortgagee up- on this 1liortgage or the debt secured hemby, that the entire indebtedneas sec•urc~d hy this MortRnge shadl thereu~wn be- come immedintely due and ~~yable at the o~~tion of Morignlcee. 5. To keep ihe Mortguged Property insueed ~guinst 1~ or dumage by fire, And ull perils inaured aguinat by an ex- 1P~1l~C'd ('OVer~ge endorsement, tlh(~ SUC~1 other T13kS 11[Id ~RIS il8 MOfI u ee ~n ~is uin.:ai:vi: ::..a 'l"::t`:~ T:;s: 1F { g P. y. y . a ~..:.:,y {x~licies ot such inaur.~nce ahall be in the form in general use [rom time to time in the locality in which the Mortgaged PropeKy is situated, ahall be in auch aimount as 1Nortgagee may reusonubly require, sha1) he issued by a i~om~uiny or companies approved by Mortgi~gee,•a~nd ~ll cont~in a standard mortgugee ctause with loss payable to Mortgagee. When- ever required by Mortgagee, such policies, ahall be delivered immediately to and held by Mortgagee_ Any und all amounts recpived by MortgAgee under any oi such policies may I~e Applied by Mortgagee on the indebtednes4 secuted hereby in such manner as Mortgugee may, in its sole discretion, elect or, at the option ot Mortgagee, the entire amour.t so rereived or any ~~art thereof may be released. Neither the application nor the rele~se ot ~ny such ~mouota shall cure or wui~~e an~ detauit. llpon exercise ot the~?wwer ot ~ile gi~•en in this Mortgnge or other pcquisition ot lhe Mottgaged Property or ~ny ~rt there- ot by Mort~A&ee, such policies shnl) become the ~bsolute property oi Mortgagee. 6. To tirst obtain the written consent of MortRagee, sue•h consent to be grsintecl or withhe[d ;~t the sole disctetion of Mortg~gee, be(ore (a) removing or demofishing .~ny building now or hereafter erectec! on the premises, (b) nltering the arr-angement, design ar atructura! character thereof, (c) making any repairs which invoh~e the remova) o( strocturul ~k?ns a~ the ex{x~sure ot the interior ot such buildinR to the elements, (d) cutting or removin~ or permitting the cuttinR and re- moval ot any irees or timber on the Mortgnged Yroperty, (e) removing or e:changing any tangibie ~~ersonal pmperty whi~h is part of the Mortgageci Property, or (f? entering into or rnoditying nny Ieases ot the MortguRed Pml~erty. 7. To maintain the MoMgaged Property in good c~ondition and rnpair, including but not limited to the making of such re~xiirs as Mortgagee inay trom time to time determine to be necess.~ry for fhe preservation o( the Mortgaged Property and ; to nol commit or ~~ermit any waste thereof. - ~ 8_ To comply with ap laws, ordinunces, reRulations, rovenunts, ~ronditions and restri~-tions attecting the t?1orlRaRed f PropeHy, and not to sutfer or permit any violation themof. 9_ If Mortgagor fails to {k~y s~ny claim, lien or encumbrance which is su~~erior to this Mortgage, or when due, any faz or assessment or insurance premium, or to keep the Mortgaged Property in re~wir, or s}uwll commit or permit waste, or it there be commenced any action or proceeding atfecting the Mortgaged Property or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent domain and hanktvptcy or reorganization proceedinga, then Mortgagee, at its option, mny pay said claim, lien, eneumbrance, taz, assessment or premium, with right o! subrogalion thereunder, may make such repairs and take such steps as et deems advisable to prevent or cure such waste, and may ap~ear in any such action or prm.~eedinR and rntain counsel there?n, and take such action therein as Mortgagee deems ad- visable, and for any o( such purposes Mortgagee m:~y adv:~nce such suma of money, inc{uding all costs, rnasonable attorney's fees and other items ot e:pense as it deems neces.~ary. Mortgagee shail he the sote judge of the legality, validity and priority of any such c~aim, lien, encumbrant~e, ta:, assea4ment and premium and of the amount necessary to be paid in satisfaction thereof. Alortgagee shall not be held accountable for any delay in m:~king any such payment, vvhich delay may result in anv additional interest, costs, char~es, eY~~enses or otherwise. 10. MortgaRor will {~ay to Mortgagee, immediately and without demand, all sums ot money advanced by MortgaRee to protect the security hereof pursuant to this Mortgage, inetuding alt costs, rnasonable attorney's tees and other items ot ~ expense, together with interest on each such advancement at the highest lawtul r:ite of interest >>er annum in ihe State of Florida. ~nd all such sums and interest thereon stk~ll he se.•ured hereby. 11. AI! sums ot money seivred hemby sha4 t?e Ekiyable without any relief whatever from any ~•aluation or appraise- - ment lav~•s. 12. I( default F?e made in ~u~yment ot any instalment of principal or interest of tbe Note or any part thereo( when due, or in {~yment, Mhen due, or any other sum secured hereby, or in performance of any ot 1liortgagor's obiigations, c+oven- ants or aRreements hereunder, all of the indel?tedness secured hereby shall become and be immediately due and payable at the option of 114ortgagee, without notice or demand which are hereby e:presgly waived, in which e~~ent Mortgagee may avail itselt of all rights and remedies, at law or in equity, :~nd this Mortgaqe may be toreclosed with all righte and remedie~ afforded by the laws of F'lorida and Morigagor shall pay all costs, charges and expenses thereot, including a reasonable atlorney's fee, inctuding ~it such costs, ezpensc~ and attorney's fees for ~ny retrial, rehearing or appeals. The indebtedness serured hereby shall bear interest at the highest lawful rate of interest per annum in the State o( Florida from and aiter the date of :~ny such detaalt ot ~Iortgagor. It the Note provides tor instalment payments, the MortRagee may, at its option, collect a late charge not to exceed two cents for each one dotlar not I~aid to the 1liortga~ee when due, to mimbutse the Mortgagee for expenses in collectinR and aervi~ing such instalment payments. 13_ it de(ault he made in payment, when due, of any indebledness secured hereby, or in performance of any of Mortgagor's obligations, covenants or aqreement hereunder: la) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take posseasion oi the Mortgaged Property or any part thereof, to pertorm any acts Mortgagee deems neressary or proper to consen~e the security and to collect and recei~~e all rents, issues and pmfits thereof, including those past due as well a.g thoee acrruing thereatter: and ~ (h) Mortqagee shail be entided, as a matter of strict right, without notice and expartr, and without regard to the value or occetpancy of the serurity, or the solvency of Mortgagor, or the adequacy of the Mortgaged Property ae aecnrity tor the Note, to have a receiver appointed to enter upon and take ~wa9eaaion of the Mortgaged Pmperty, collect the rents and profits therefrom and apply the same as the court may dirert, such receiver to have all the rights and powers permitted under the laws of Florida. in either such case, Mortgagee or the recei~•er may also take possesaion of, and for these purposes use, any and all ~rersonal property which is a part o( the Mortgaged Property and used by Mortgaqor in the rental or leasing thereot or any ~~art thereof. The expense (including receiver's fees, counsel tees, costa and agent's compensation) incurred putsuant to the powera herein contained shall be secuced hereby. Mortgagee ahaU (a(ter payment of all costa end ezpensee incurrrd) -2- E OC~E ~~7V fAC~ ~UV ~ i ~ , : . : - - ~ - - - ~ ~ . _ < ~x~-~