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Home My WebLink About0895 s~riY,unt to ~u~y su~•h rhurgrr Nh.~n ilue shuil I~r Fxud (?y MurtguKo~ tu A1ortKugre on drnu+nd. 1f, by'ttvt~nn ul :u~y deL•~uU by Mortgegor under uny ~?~uv~eiun o( this AfortgugP, I?lorigngi~ dra•lu~rs ull xuma secumd h~rel?y to he due i~nd ~~ayahlr, Alurtgaigee nu~y then upply iu~y tuncis in sa~id nccount t~guinxl the ~~ntire indebtrclnexa ~•un~ herrby. ThP entorcrai,ility o( the co~~erwnta rel.+ting to ltixea, aserue?ments und it?aurunce premiume herrin othe~•tnr prvvided shall nol i~e uf(ected ex~rpt insotu~ ua those obligutiuns huve l~ren met by compliance with tnis {x+ragraph. Mortgugee n?ay trom time to titne at ita option waive, .ind a(ter uny sui•h wuiver reinatute, uny or aU provisiona hereo( reyuiri~R such de~weits, by notice to Mortgugo~ in writing. While uny su~•h waiver ia in e((ect. Mortgagor eFwU ~xiy taxea, xssrasmenta und insur+~nce premiumu .?s herein elsewhere provided. 4. To promptly pay aU tuxea i~nd sseesxmenls uxsr~secl or (evied uodnr nnd by virtue o( uny etute, (edcral, or rnunici~k~l luw or rrgulution herea(te~ {weeed, ugainst MorlgaRee u{x~n this 111origage or the debl he~by secured, or u{x~n ita interrst uncfr~ this Mortgage, pro~~ided huMever, that the total umount so paid (or any auch taxea {wraunnt to this par.~K~+iph togeth- er with the internat {x~yable on said indebtedneus sFwll not ex~Y*ed Ihe highest law(ul rate of interesl in Floriclu i~nd pruvidrd furthe~ that in the event o( the ~xiss:ige of uny such law ur regulation im~ing a tn: or asseaxment ug:iinat Mortgagee up- un thia Morlgage or the debt se~vred herehy, t1u~t the rntim indebtedness aecured by thia Mortgege shall thereu~wn he- i~un~e immediutely due and payable at the option ot Morlgugee. 5. To krep the I1lortgaged Properiy insured aigainst lusx o~ dumutce by tire, und all perils insurcd ug:~inal by an ex- trncled co~•enige endorsemeot, nnd such other riaks and perils as Mortgagee in its discretiom m~y require. The policy or ~~oliries o( auch inaurance ahull be in the totm in general use (rom time to time in the la•ulity in which 1he MoHgagcd Properly is situuted, s}wll be in such t~mount ~a Mortgagee may reasonably requirn, shall be isaued by a~wm{x+ny or companiea approved by Mortgagee, .~nd ahsill rnntain a standard mortgugee clause with loss payable to Mortgagee. When- ever required by Mortgagee, such ~liciea, ahall he deliverrd immediately to and held by Mortgagee. Any and ull amountA received by Morlgagee under »ny ot such {~olicies may he npplied by Mortgagee on the indebtedness secureJ hemby in such mnnner as Morigxgee may, in ita sole discretion, elect or, s~l ihe option of MortguRee, the entire amount so received or nny {x~rt thereof mny be mleaaed. Neither the application nor the release of any such amounta shall cure or waive nny det~ult. Upon exenise ot lhe power of sale gi~~en in this Mortgage or other acquisition of the Mortgaged Pro~~eriy or any part there- of by MortgaRee, such poliries ahAli hecome the aheolute propecty oi Mortgagee. 6. To first obtuin the written consenl of MortRagee, such ironsent to be granted or withheld at the sule discmtion o( Mortgagee, be(ore (a) rnmoving or demolishing any building nuw or hemafter ere~•ted on the pmmises, Ibl alterinR the :~rningement, design or atructural character therec~f, (c) making any repairs which im~ol.~e the removal ot atn~ctural parts or the ex}wsure ot the interior ot such building to the elements, (d1 cutting or removing or permitting the cutting and re- moval o( any trees or timher on the Mortguged Properiy, lel removing or exchanging any tangihle per.eonal property whieh IS ~Ri~ of the~MortQaRc~cf Pro~~erty, or enterinR into or mntiifying uny leuses o( the MortR:iQed ProF?erty. 7. To maiolain the Mortg.~Red Pro~~eny in good condition nnd repair, ineluding bal not limited to the makinR o( such re~wira .~x MortRagee mny (rom time to time determine to he neces4:~ry tor Ihe i~rcwervation o( the I~1ortRaRed Pro~~erly and lo not commit or ~~ermit any waste lhereof. R. To ~wmply with all laws, ordinanres, mgulations, i~ovenants, conditionK :ind restrictions :d(ecting the T1ortK:~Rce1 Pm~~erty, :+nd not to su(fer or ~~ermit nny violation thereof. • 9. It Mortgagor (ails to {?:~y any cl~im, lien or encumbrance which is su{?eriur to lhis MortRaRe, or when due, any tax or assesxment or insurancr pmmium, or to keep the Mortgaged Property in repair, or sh~ll commit or E~ermit wnste, or i( them he commenced any action or ~~roceedinR a(ferting the Mortgaged Property or lhe title thernto, or the interest o( Mortgagee themin, including, but not limited to, eminent domain and bankruptcy or reorKanization proceedinge, then Mortg~gee, nt- ita option, may pay said claim, lien, encumbrance, tax, aasesament or premium, with right ot subroRation thereunder, may msike such m~~.~irs and t~ke sui•h steps as it deems advis;~ble to prevent or eure such waste, and may a~ppear in any such action or prcx•eeding and retuin counsel lfierein, :~nd take such action therein :is Mortgagee deems ad- visable, :~nd (or uny o( such purywses Mortg.~gee may :~d~:~nce such suma of money, including all costs, reason:ible attorney's ' fees and other items ot e:~~ense as it deems necessary. I14ortgagee shall F?e the sole judge ot the legality, validity and priority ~ o[ any such claim, (ien, encumbr.~nce, tax, ~ssessment :ind premi~m and of the amuunt ne.•essary to be ~~id in satislaction i thereof. Mortgugee shxl) not t?e held acconntable for any delay in making any such payment, which delay may result in j any additional interest, costs, charRes, eY{~enses or othemifse. E ~ 10. MortRaRor will pay to MortgaRee, immediately and without demnnd, all sum~ of money advanced by Mortg~Ree to prote~•t the se~vrity hereof pursu~nt to this MortRage, including aD costs, reasonable attorney's (ees s~nd other items of ? expenae, to~ether with interest on each such advancement at the hiqhest lawful rate of interest per nnnum in the State ot ' 3 Florida, and :~11 such sumrs and intereat thereon ghall t,e serured hereby_ ~ 11_ All sums o[ money ~vred herehy sh:dl Ix ~k~yable without any reliet whatever from any ~•aluation or :q~prn~se- ~ ment lav?•s. , ~ 12. If detault t?e,made in ~~yment of :~ny inst.ilment ot principal or interest o[ lhe Note or any parl thereof when ~ due, or in ~xiyment, when due, or any other sum se~~ured hereby, or in performance of any o[ Mortgagor's obligations, coven- ants or agreements hereunder, all ot the indebtedness se~-ured hembs'~sh~ll ~rome and be immediately due aud payable at the ~ option of Mortgagee, without notice or demand which are hereby e~ihesely waived, in which event 11~ortgngee may a~•ail itselt ~x of all rights and remediea, at I:~w or in equity, and this Mortgage t~yt be.forecloeed with all rights and reme~lies af(orded by ~ the lawa of Florida and Mortqagor shaU {~:+y all ro:sts, charges and expenses thereof, including a reasonable attorney's tee. including all such costs, expenses and attorney's feea tor any retrial, rehearing or appeals. The indebtedness secured hernby ~ shall bear interesl at the highest lawful r~te of interest ~~er annam in the State o( Florida fmm and atter the date ot any such detault ot Mortgagor. I( lhe Note pro~•ides for instalment payments, the Mortgagee may, at its option, collect a late ~ charge not to exrecd iwo cents for ea~•h one doll:~r not paid to the Mortgagee when due, to mimburse the :~iortgagee for ~ ex~~enses in collee•ting and servicing such instalment {x~ymenta. ~ ~ 13. It default be made in payment, when due, ot any indebtedness secvred hereby, or in ~~ertormance of any of ~ rlortQ.~gor's obligations, covenants or :iKreement hereunder: ~ (a) A~ortRaRee is authorized at any time, without notice, in its sole discretion to enter upon and take ~~sse~ion of Z the MortgaQed Property or any part thereof, to ~~ertorm any acts Mortgaqee deema necessary or proper to consen~e the 3~ security and to collect and receive all rents, iasues and pmfi~s thereof, including those (~st due as well :~s those acrruinR " thereafter: and ib) Mortgagee shall be entitlcrl, as a matter of strict right, without notice and ez{~arte, and without reRard to the value or occupancy of the security, or the soh•ency of 1liortgagor, or the ndeyuacy of the Mortgaged Pmperty as sec•urity tor the Note, to have a receiver appointed to enter upon and lake pos~eseiion ot the Mortgaged Property, collect the rents and profits therefrom and apply the .ame tia the court mny direct, sueh receiver to have all the righta and powerti permitted under the luws ot Florida. . In either suc~h case, Mortgagee or !he receiver may also take possession of, and for these purposes use, any and all ~~rgo~~1 pro~,erey which is a part o( the Mortgaged Pro{~erty and uAed by Mortgagor in the rental or leasing thereof or ~ -:=3 any parl thereot. The eziiense lincluding receiver's fees, counsel feea, costa and agent's compensation) incurred pursuant r~ to the powers herein contained shall be secured hereby. btortgagee shall (after payment of all costa and e:penaes incurred) ' -2- ' ~r: ac~=.~~7 ~nc' 89~ ~ - - - ~ " ~ :-~r ~ ~ ~ ~F ~ _ ,;'L~"~-~~,.~-a,~w-r~srs . ? ~"._~.-.s~ .e,_