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Home My WebLink About0035 , . ' ~'t ~ 1 . + ~ account to pay such eharges when due s}u~U l~e {x+ia by Mortg~gor to Mo~tgagee on dema~d. If, by renaon o( any de(uult by Morigagor under nny provision ot this Mortgege, 1Nortgagee declare~ all auau ~ecured hereby W be due and peyal~le, Mortgagee may then apply any funds in said account against the entire indebtednea~ secured hemby. The en(orceability ot the covenanta relating ta taYea, aseeswnenta and ir?aurnnce premiums herein otherwire provided ahall not be at(ected except insofar as thoee obligatioru have been mel by compliance with this paregraph Mortgagee may from time to time at its option waive. and a[ter any eucb waiver reinstate. any or all provi~ions hereot requiti~a such depoaits, by nolice to Mortgagor i~ writing. While any wch waiver is in e((ect, Mortgegor ahall {tay taxea, asseas~nents and insurance premiums ; sia herein elsewhere provided. , " 4. To promptly pay all ta:es and asaeesments assessed or. levied under and by virtue ot any stute, tederal, or municipnt ? law or regulation hereafter pasBed. against Mottgagee upon this Mort~age or the debt hereby oecured, or upon ib interest under thia Mortgage, pmvided however, that the toEal amount so paid tor any auch tsixes pursuant to this pamgreph togeth- er with the intereat payable on said indebtedneas ahul! nol exreed the higheat lawful rate ot intereat in Florida and provided further that in the event of the psssage of any such law or regulation imposing a ta: or aaseasment against Mortg~ee up- r on thia Mortgage or the debt secured bereby~ lhat the entire indebted~eas secured by this Mortgage shall lhemupon he- come immediately due and payable at the option o( Morigagee. ' ~ 5. To keep the Mortgaged Property insured againat toss or damage by tire, and all perils insured againat by an e:- tended rnverage endoraement, and such other riaks and perils as Modgagee in ita discretion may require. The policy or ~ policies ot aucb insurance s1ia11 be in the torm in general uae from time to time in the locality in which the Mortgaged Property is situated, ahall be in sach emount ~+s Mort6agee may reaeonably require, ahall be iasued by a company or ~ companies approved by Mortgagee, and shall contain a atandard mortgagee clause with loss payable fo Mortgagee. When- ; ever required by Mortgagee, such policies, shall be delivered immediately to and held by Mortgagee. Any and ail amounts i received by Mortgagee under aoy of such policies may be applied by Mortgagee on the indebtedness aerured hereby in auch ; manner as Mortgagee may, in ite sole discretion, elect or, at the option o( Mortgagee, the entire amount so received or any ~ part thereo( may be released. Neither t6e appiication nor the release ot any auch amounts shall cure or waive any default. Upon e:ercise ot the power ot aale given in this Mortgage or other acquisition of the Mortgaged Property or any pt+rt there.- of by Mortgagee, such policiea ehall become the abeolute ptoperty ot Mortgagee. - • 6. To firat obtain, the wtitten conaent of Mortgagee, such conaent to be granted or withheld at the sole discretion ot ~ Mortgagee. be(ore (a) removing or demolishing any building now or hereatter erected on the premises, (b) altering the arrangement, design or atructurel c6aractet thereof, (c) making any repaira which involve the remova) ot atructural parts or the e:pa~sure ot the interior ot such building to the elementa, (d) cuttin~[ or removing or permitting the cutt:ng and re- moval oi any trees or timber on ihe Morigaged Property, (e) removing or e:changing any tangible personal PropertY which ia part ot the Mortgaged PropeHy, or (f) entering into or modifying any leases of the Mortgaged Property. To maintain the Mortgaged Property in good condition and repair, including but not limited to the making ot such repairs as Mortgagee may irom time to time detertnine to be necessary tor the presen+ation ot the Morigaged Property and to not commit or permit any waate thereof. 8. To comply with all lawa, ordinancea, regulations, covenantx, conditions and restrictions affecting the Morlg~gecl Property, and not to auffes or permit any violation ihereof_ ; 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this Mortguge, or when due, :~ny tax or assessment or insurance premium, or to keep the Mortgaged Property in rnpair, or shall commit or permit waste, or i( there be commenced any action or procceding affecting the Mortgaged Property or the title thereto, or the interes! of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorSanization proceedings, then Mortgagee, at ita option, may pay se~d claim, lien, encumbrance, tax, assesament or premium, with right ot subrogation thereunder, may make auc6 repaire and'take such stePa as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel tfierein, and take such action therein as Mortgagee deems ad- visable, and for any ot such purposes Mottgagee may ad~•ance such suros of money, including all costs, reasonable attorney's ! fees and other items of expense as it deems necessary_ Mortgagee shall be the sole judge o( the legality, validity and priority i of any such claim, lien, encumbrance, tax, assessment and premium and o( the amount necessary to be paid in satisfaction ' ~ ~ thereof. Mortgagee shall not be held accountable for any delay in m:~king any such payment, which delay may result in ~ ! any additional inlerest, costs, charges, expenses or otherwise. ~ s 10. Morigagor will pay to Mortgaqee, immediately and without demand, atl suma of money advanced by MortgaRee ~ to prote^t the security hereof pursuant to thia MortKage, including ali costs, reasonable attorney's tees and other items of € e=penae, together with interest on each such advancement at the higheat lawful rate ot interest per annum in the State of ~ t Florida, and atI such aums and intereat thereon shall F?e seeured hereby. ? ~ I ~ 11. All sums ot money secured herel?y shall he payable without any reliet whatever trom any ~•aluation or a~~~~raise- ~ ment laws. ~ 12. If de(ault be made in _payment of any instalment of ~~rincipal or interest of the Note or any part thereof when _ due, or in payment, when due, or any other sum secured hereby, or in pertormance of any o[ Mortgagor'a obligations, coven- ants or agreementa hereunder, all of the indebtedness secured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby e:pressly waived, in which event Mortgagee may aa~ait itselt ~ of all rights and remedies, at law or in equity, and this Mortgage may be foreclosed with all riBhts and remedies aftorded by the laws ot Florida and Mortgagor shall pay all costa, charges and expenses thereof, including a reasonable attorney's tee, ~ including all such costa, e:penses and attorney's tees for any retrial, rehearing or appeale_ The indebtednesa secured hereby ~ shall bear interest at the highest Iawtu) rate o( interest per annum in the State of Florida from and a[ter the date of any t ~ such default of Mortgagor. If the Note provides for instalment payments, the Mortgagee may, at its option, collect a late ; ~ charge not to exceed two cents (or each one doUar not paid to the Mortgagee when due, to mimburse the Mortgagee tor ~ expenses in collecting and servicing such instalment payments. 13. If default be made in payment, when due, of any indebtedness secured hereby, or in pertormance ot any of Mortgagor's obligations, covenanta or agreement hereunder: ~ ~ ~ (a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter npon and take possession of ~ the Mortgaged Property or any part thereof, to perfortn any acts Mortgagee deems necessary or proper to conserve the ; - security and to collect and receive all rents, issues and profits thereof, including those past due as well s~s thoae acrruing ; thereatter: and . (b) Mortgagee ahall be entitled, as a matter ot striM right, without notice and ezparte, and without regard to the ' value or occupancy ot the aecurity, or the solvency of Mortgagor, or the adequacy of the Mortgaged Property as security tor 7; the Note, to have a receiver appointed to enter upon and take poseesaion oi the Aiortgaged Property, collect the renta and ~ pmtits therefrom and apply the same as the court may direct, auch receiver to have al) the righte and powera permitted under the laws of Florids~. ` In either such case, Mortgagee or the receiver may also take posaeasion ot. and for these purposes uae, any and all pereonal property which is a part of t6e Mortgaged Property and used by Mortgagor in tbe rental or leasing thereot or k~ any part thereot. The e:pense (including receiver's fees, counsel teea, costa and agent's compenaation) incurred pu~suant ; ~n to the powera herein contained shall be serured hereby. l~tortgagee ahall (after payment of all costa and e:pensea incurred) j ~ ~ 1 ~ -2- - ~ Rr,~'K301 F.~~E ~ . 35 ~ ~ ~t ~ ~M _ ~a ~ ~ ~ ~ ~ ~ . ~ ~ ~