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Home My WebLink About0679 , a.~~uunt tu {~y surh ~•IuryCra whc~n due sFu~ll be {u~id by I~torlKagur to Mortgagre on demund. If. by reason of uny de(uult by 111ortgugo~ unde~ .~ny pro~•ision o( this AlortguRe, Alortgiigee decl~irea ,ill sumx ec~•ured hereby to I~e due :~nd ~x~yut~le, Atortg.~gee may then appiy any funds in st~id acrouM :~gainst the rntiw indebtedness acK•ured hereby. The en(orce.~bility o( the co~~enunts relutiag to la:rs, aarewunents and inaurun~~e premiums herein olherwise ptovided shull not be uttected ex~~pl inaotar :w thase oWigationu have been met by compliun~~e with this {~raB~Ph. Mortgagee may (rom time to time :it its o{?tion waive, and a(te~ any such waiver reinste~te, any or ull pruviaiu.na hereo( requiring auch de{xu+its, by notice lo Mortguaor in writin`.. Whi{e any aurh w~iver is in et(crN, Mortgagur aiwll (wy taxes, wisrnamente And inaurance premiuma us he~ein elsewhere pro~•ided. 4. To prompUy p:~y all taYea a~d assessments :~c~~~ or levied under and by virtue of a~y stnte, (eder~il, or muniri~x~l I~iw or mgulatioa her~ttrr p•rssed, against I~tortgugee u~~on this Mortg~ge or the debt hen:by ae~vrcd, or u~wn its iMerest under this Mottgage, pro~~ided howe~~er, that lhe totn) umount so puid tor any auch tuxes pursuunt to thia par.~graph toKeth- . er with the ioterest payadle on e~aid indebtedness ~U not exceed the highest law~tul rs~te o( interrst in Floridu and provided further that in tt~e event ot the pass~e of a~y s~ech Ixw or regulation imEwai~g a ts~z or usseasment :~gainat Mortgugee up- nn 1~+i. Mns~sa~o n~ !{~a i1a~~ ao~Y~nw~ ~fnewtiv ~tis~~ Itia Pn1~M indahlalnwaa NP[•~IM(~ `)V ~~l~R Mortraee shall thereuoon ,lc- _ . _ . . . _ . . come immediately due and payable at the option a( Mortqagee. ~ 5. To keep the Mortg:iged Property insured against loss or d:image by f:re, and s~q perils insured aRainst by an ex- trnded rover.~ge endorsement, and such other risks and perils as Morigugee i~ its dis~•retion may rey?~irn. 'The ~wliry or {wliciea of such insuranee shall be in the fornn in general use from time to time in the loculity in whi~•h the MoriR:~Reci Property is situated, shaU be in such amoun! as Mortg~iqee may reasonably require, shall be issuecl hy a com~ny or companies appro~~ed by Mortgagee, and'shall contain u standard mortgagee cl:~use with la,s ~u~yable to Mortgagee. When- ever required by Mortgagee, such policies, shnll t?e delirered immediately to nnd held by MoHgngee. Any nnd all amounts rec-eived by Mortgasee under any ot such policies may t~e ~pplied by Mortg:~gee on the indebtedness secured hereby in sui•h manner as Mortgxgee may, in its sole discretion, elect or, at the oplion ot Mortg:~gee, the entire amount so recei~•ed or nny part thereot may be releaxd_ Neither the application nor the rnlease of ~ny such nmounts sh:ill cure or waive nny defnult. Lipon e:en-i~e ot the power ot sale given in this Mortgt~ge or other acquisition of the 111ortgnRed Pro~?erty ot ~ny part them- ot by Mortgagee, such policiea ahall become the absolute property ot MortR~~R~• 6. To firat obfain the wrilten consent of Morlgagee, sueh consenl to 1?e Kr.~nteci or withheld :~t the sole diu•retion of Mortgagee, be(ore Ia1 remo~ins or demolishinR any building nuw or hemu(ter en~•tc~1 on the pmmises, (.b) ~IterinR the :irranRement, design or atn~cturat charecter thereof, (c) making any rnEwirs which involve the removal ot strurtural purts or tlie e:posure ot the interior o( such huildin~ to the elementa. Id) cutting or mmovinR or permittioR the ~utting and re- mo~•al o( any trn~s or timher on the MoriRaRed Property, le) removing or exchanging any tangeble personal pro~~erty which is ~k~rt of the Mortgaged Property, or entering inlo or modifyinR any leases of the MortRaged Pro~~erly. 7. To maintain the MortgaRed Property in guod condition ,~nd rel~ir, including but no: limited to the muking o( such reµiirs :~s 111ortqagee may trom time b time determine fo I~e neces.c:~ry (or the pn~ervalion of the MortR:~ged Pro~~rty and to not rommit ar ~~ermit any waste thereof. 8. To cc~mply w~ith all laws, ordinances, regulations, co~•en.intK, ~•ondilions and ~estri~•tions a[fcti•tinR the MortQagecl Pm~~erty, .~nd not to suf(er or permit any violation themof. 9. 1t Alortgagor (ails to {xn• any claim, lirn or encumbrance which is su~2erior to this N1o~tKaKe, or w•hen due, any tax or a~se:~nent or in_wrance premium, or to ke~ep the 11~ortqaRecl Pro{>erty in re~?air, or shall commit or permit K'HS~P, O~ i( there t~e commenced aoy aclion or pra-eeding ~ffectinR the Mortg:~ged Pro~~erty or the title thereto, or the interest of Nortga~ee thereiq including, F~ut not limited to, eminent domain :md bankruptcy or morRanization proceedings, then A1ort~a~cee_ at its optio~. may pay said .•laim, lirn, orn°umbrancr, tax, ns.sessment or prnmium, with rigM of subrogation thereunder, map make such m~irs and take su~•h steps as it deems .~d~•is:ible to prevent or curn such waste, and may :~p~~ear in any surh action or prex~eedi~R and retain counsel tfierein, .ind take sn~•h action thercin .?.4 MortRugc~ dcKms ad- visable, and (or any ot such purposes 111ortgagee n~ay ad~•an~r such sums oF money, includin~ a11 costs, ieason:?ble attorney's fees aod other items of ezpense as it deems ncress:~p~_ 11lortRagee shall be the sole judge of the le~ality, validity and priority o( an}~ su~•h claim, lien, encumbrance, t:~x, :?ssessment and premium .ind o( the amounl neressary lo he {k~id in satisfaction thereof. 111ortgagee shall not he held aiY'ountahle for .~ny delay in making any such ~k~yme~~t, which delay may re~ult in any additional interest, costs, char~es, e:penses or othen~?•ise. _ ~ 10_ 111ortRagor w~il! pay to ~1ortRaRee, immediately and w•ithout demand, all sums of money advan~-c~1 by MortR:~~ee ~ to protect the secvrity hereof pursuant to this MortgaRe, includinQ all costs, reasonable attorney's tr:~s and other items o( ~ ezpense, toRether w•ith interest on each such advanmment at the hiqhest lawful rate of interest ~~er annw~ in the State of E Florida, and all svch sums ancl interest thereon shall he secured hereby. . i ~ 11. All sur~c ui mone~• se+-ured hemhy sh:ill t~e ~?:~pable withoul any reliet whate~~er (rom :~ny ~'aluuti~,n or appraiye- t ment law~c. • ~ 12. I( default he m:ide in (kiymenl of any inst:dment ot prim•i~uil or interest ot the Note or any ~~rt thereo( when due, or in payment, v~~hen due, or any other sum secured hemby, or in E~ertormance ot any ot b1ortQagor's obligations, co~•en- } ~ .ints or .~greements hereu~cler, all ot the indebtedtle~ se~ ured hereby shaU become an`7d be immediately due and payable ~t the option of \lortgagee, without noti~-e or demand whii•h are hereby expressly waived, in which event MortRagee may a~-ail itself o[ all rights and remedies, at law or in equity, aod this 111ortgage m:~y be (oreclosed with all rights afid remedies ai(orded by ~ the I~ws of Florida and MortgaRor shall pay al( costs, charqes and expenses thereof, including a reasonable attorney's fee, • including all such costs, e:penses and attorney'a fees (or any retrial, rehenring or appeals. The indehtedness secured hereby shal) bear interest at the highest lavr(ul rate of interest per annum in the State ot Florida from and after the date of any ~ such de(ault of Atortgagor. It the Note pro~~ides for instalment ~wyments, the Mortgagee may, at its option, collect a late ; charge not to e:c-eed two ~-ents for ea~~h one dollar not paid to the MortRaRee when due, to mimhurse the 1`lortQagee for ~ expenses in ~rollectin~ and sen•i~~inR such inst:~lment p:~yments µ~yment, when due, of any indebtedne.ss secured hereby, or in per(orman~~~ o( any o ~ 13. li default be ma~e in :ltort£agot's obliRations, co~~etsints or aRreement hereunder: ~ la) titortgagee is authorized at any time, without notice, in its sole discrntion to enter o{wn and take ~~session of ~~s the Atortga~ed Yroperty or any part thereoi, to ~~er(orm any acts ;14ortRaRee deems necessary or proper to consen•e the securitv and to collect and rncri~~e all mnts, issues and profits thereot, including those past due as well as those acrruinR thematter, and ~ Ib) Mort~agee shall be entitled, as a matter of strict right, without notice and exparte, ancl without regard to the ~•alue or ocrupanry of the securit~, or the solvency of Atortgt~qor. or the adequacy of the Mortg~ged Properiy as security for ~ the Note, to have a receiver appointed to enter upon and take possesgion of the Mortgaqed Property, collect the rents and ~ pm(its thernfrom and apply the same aa the court may direct, such receiver to have all the ri8hts and powers permitted undPr the law~s ot Florida. ~ In either such case, MortRagee or the recei~•er may also take possession of, and torthese purposes use, any and all ~ ~ ~~ersonal ~roPeny which is a part of the 1~lortgaged Property and used by biortgagor in the rental or leasing thereof or any part thereof_ The e:pense lincluding recei~~er's feea, counsel fees, costa and agent's compensation) incurred pursuant ~ to the powe~a herein contained shall be secured hereby. TTortgaRee ahaU (atter payment ot all coats and expenses incurred) ~ . T ~ i •2- - ~ ` ~fl( r ~~..i~~ F'AG~ ~ I~. ° ~ ~ - ~ - s, ~F ~~x _ _ _ u ~