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HomeMy WebLinkAbout0131 ' . , x. . ~ ~ ' uccuunt to Nay such ~•harge~ whe~ due shaU he pnid I~y Morlgugor to Mortgugee on ckmund. !t, by nv~sun ot_uny defnuU ; by Mort~agor under any provuion of thi~ Mortsa6e, Mortsa~ee declare~ all ~utna ~ecured hereby to he due and payable, Mort6a~ee may Ihen apply any tunds in ~eid account aaainst the enlire indebtedne~s ~ured hereby. The en(orceabilily ot ths covenanfa eelatins to taxes. a~e~menti and inwrance pre~aium~ herein otherwiK+ pmvided rhell not be alfected e:cept i inwfer as tlw~ oblisutions l~ve been enet by compliance with thu peresraph. Mortgagee may from time to time at ib ~ option w~ive, and alter any ~ucb waiver rsi~rtata. aoy or nll provisiom bereot requirios surb depasits, by notii~e to MortlceRor io writiryK. WIW~ anv wch waivsr i~ in wtfa~t, Ma?tgnsor ~!1 ~+y laYe~, ssxaamenta snd inserance pteeniums i us herein e4swhers provided. ~ 4 To pmmptly pqy aU t~ses aad 'a~nb u~red or levied u~er end by virt~ce ot any atate, [ederal, or municipnl j law or resulation hereafter pered, againat Mortaa~ee upon thia Mortsaas or the debt hereby serured~ or upon ita intereit ? under thu Mort~o, pcovidod however. t6at ths total amou~t io paid for any wch tu:es pursuant to this parugraph togeth- ~ er wilh t6a interest payable on asid irdebtedr?e~s sh+~U not exceed the heghe~t lawful rate ot intere~t in Florida and provided ' further that in tbe eveat of tLe p~awae ol aay suc6 taw or reaulation imposing a te: or aa~eaament against Mortgagee up. ~ un this Moctgage or tl~e debl aecured hereby, that Ihe enlire indebtednea. ~ecured by this Mortgage shall thereupon t,e- come immediately due a~ payable at the option of Mortgagee. b. To keep the Mortsaged Pmpedy iusured aaainst Iqs or daroaga by tire, and all perib insured ugainst by an ex- tended coverege endorsement~. and such other riaka and perils aa Mortgagee in iti diacretion may require. The policy or 1~~~~~ inn?tanoe shall bs in the torm in ~eneral tue trom time to time in tha locality in which tha Mort6aged ~ Proper~y ;s sieueced, shall be in such amount as Mortgagee may reasonably require, shall be issued by a rnmpany or compsniea appmved by Mortgaaee~ and sball contain a standard mortgagee clause veith loes payable to Mortgagee, When- ! ever required by Mortaagee~ suc6 poliriea, ahall be delivered immediately to and held by Mortgagee. Any and all amounta ` received by Mortaagee undet any o[ auch policies may be applied by Mortaagee on the indebiedness aecured hereby in such manner as Mortsaaee may, in ita sole discretion~ elect or, at t6e option o( Mortgnqee, the entire amou~t so received or any part theraoi may be rel~ssed. Neither tbe applicstion noc the releaae ot ~ny such amounta.ahall cure or waive any detauli. ~ Upon e:ercise ot t6e power of aale siven in this Mortaage or other acquisition arf the MoHgnged Property or any part there- ~ of by Mortaasee. such policies shaN ba.~ome tbe abolute property o( Mortgagee. 6. To tiist obtain the written consent of Mortgagee, such consent to be grnnted or withheld at the aole discrntion ot ~ Martgagee, betore (a) removina or demolishin~ any building now or herea(ter erected on the ptemises, (b) altering the arranaement, deaisn or structural cbaracter thereot, (c) makins any repain which involve the removal ot structural parfa or the e:powre of the interior ot suc6 buildina to the elementa~ (d) cutting or removing or permittins the rutting and re- moval ot any trees or timber on tl~e Mortsa~ed Property~ (e) removing or e:changing any tangible penonal property which is part ~f t6e Mortgaged Property, or (f) entering into or moditying any lesises of the MortgAged Property. To maintain the Morlgaged Property in good condition and repeir, i~cluding but not limited to the maki~ ot auch ~ repairs aa Mortgaaee may (rom time to time determine to t,e neceasary tor the preaervation of the Mortgaged Property and 1- to not commit or permit nny waste thereot. ~ 8. To comply with aU laws. ordirwnces, regulations, covenants, conditions and restrictions etfecting the Mortgaged ~ Property, and not to su([er or permit any violation thereof. . 9. If Mortgagor fails to pay any claim, lien or encumbrance which is su~~erior to this Mortgage, or when due, any tax or asaes~ment or insurance premium, or to keep the Morigaged Property in ce~ir, or slurll commit or permit waste, or it there be rnmmenc^ec! any action or pmceedinR e(fectinq the Mortga6ed Property or the title thereto, or tfie interest ot I?lortgaaee therein~ including, but not limited ta, eminent domain and bankruptcy or reurganization proceedinga, then . 111ortgagee, at ita option, may pay said claim, lien. encumbrance, ta:, araessment or premium, with right of aubrogation s thereunder, m~y mnke auch repaira and take such steps as it deema advisable to prevent or cure auch waste, and may ~ appear in any such action or proceeding and retain counsel tt~ereia, and take such action thetein as Mortgagee deema ad- visable. and tor any of such purposea Mortga~ee may advance such sum~ ot money, including all cosb, reaaonable attorney's ~ feea and other items of e:peme as it deetns nereasary. Mortgagee ahall be the eole judse of the_ legality, validity and priority ~ ~ ot any such claim, lien, eacumbrance, ta=, aaseasment and pr+e~nium and of the amount necesaary to be pnid in aatis(action thereo(. Mortgagee aha11 aot be held aecountaMe tor any delay in makina any auch {myment, which delay may reault in any additianal interest, costs, charges~ e:penses or oWerwise_ 10. Mortgagor will pay to Mortgagee, immediately and wilhout demand, all sums of money advanced by Morlgsiqee t to protect the security bereot pnrsuant to this Mortgage, including pll costa, resisonable attorney'a tees and other items ot . e:penee~ together with interest on each such advancement at the highest Iaw(ul rate ot intereat per annum in the State ot Florida, and all such suma and interest therPOn shall be eecured hereby. - ~ 11_ All sums of money aecured hemFw sha~~ t~e ~~yable without nny relief whatever trom nny valuation or appraiee- } ment laws. 12. If default he made in payment of any instalment o( principal or interest ot the Note or any part thereo! when due, or in payment, when due, or any other wm se~vred hereby, or in pedorn~ance ot any pt Mortaasot's obliaation,, coven- 1 ante or agreeu~enta hereunder, all of the indebtedness secured hereby shall'become and be immediately dqe and payable at the option o( Mortqagee, wit6out notice or demend which are hereby ezpressly waived, in v?hieh event Mortgagee may avail itaelf o( ull ri6hts and remedies, at law or in equity, and this Mortgage may be toreclosed wiW afl rig6ts aiid remediee affo~ded by the laws of Elorida and Morlgagor shall pay aU costs, chargea and e:pen~es thereof~ includins a reasoaable attorney's fee, including all such coata, e:penaea and attorney'a (ees tor any retrial, rehearing or appealr. The indebtedness secured 6ereby ~ M}lA~~ ~p? infnr+n?t af t~fn tllg~!€~f ~flWjll~ tf3~P r~[ infn,ra~.~! 3.^.^::~: Q~.a:~ ^v~ ~GTiu3 iiv~u aitu niic? ~~'i@ ti8~! O~ ahy ~ such de(ault of Mortgagor. If the Note provides for inswlment payments, the Mortgaqee tnay, at its option, rnllect a late charqe not to e:ceed two cents for each one dollar not paid to the Mortgagee when due, to reimburac lhe Mortgagee for ~ expensee in collecting and servicing such instalment paymenta 13. It de(s~ult be made in payment, wl~en due. ot any indebtednese secured hereby, or in performaoce ot any of ~ Mortgagois• obligations, covenants or aareement hereunder: • ' (a) Mortgagee is authorized at any tima, without notice, in ita sole discretion to enter upon and ~,ke ~osaeaeion of lhe Morlgaged Property or any part thereof, to pedorm any acta Mortgagee deema neceasary or proper to conserve the secvrity and to eo!lect and receive all rents, iaeue~ and pmfita thereo(, including thoee past due aa well ns thoee accruing thereafter, and (b) Morlgaaee ahaD he entitled, as a maiter of etrict rig6t, without notice and e~arte, and without regard to the ~ value or occupancy of the aecurity, or the solvency o( Mortgagor, orlbe adequary of the Mortaaged Property as security (or the Note, to have a recei~er appointed to enter upon and take poseeaeion of the Morigaged Property~ collect the rents and I' profita therefrom and apply tbe aame aa the court mny direct, such receiver to he~•e all the righta aad powec~ permitted under the laws ot Florida. ' In eit6er such caee, Mortgagee or the receiver may :ilso take pos~esaion of, and for these purposea use, any and aU peraona) property which is a pert ot the Mortgaged Property and use~ by Mortgagor in the rental or leaaing thereot or any part lhereot. The e:pense (including receiver's fees, counsel (ees, costa and agent's compensation) incurred pursuant to the powers herein contained ehall be ~ecured hereby. Mortgagee s6a11 (after payment of aU casta end e:penses incurred) -2- ~ r? c r: ~ ~99 P,~~ 13i . ~ ~ t ~ ~ T ~ ~ : ~.~x=~~ ,W ~ _ r _ - ~ ~ ~ _