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HomeMy WebLinkAbout0620 . ~ , ` 4Y = . uccount to {~ny auch chargea when due s~uiU l?e {~?id by Mortgt~gor to Mortgugee on demund. I(, by reasun ut t~ny de(i~ult t?y Mortgago~ under any pro~~iaibn ot thia Mortgage, Mortgagee decla~ea all suma secutrd hereby to be due und {x~yable, Mortgagee may then apply any tunds i~ said uccount agai~st the entire indebtedness secured hereby. The entomeubility o( the rnveru?nb ~elutin~ to ta:es~ arsessments and insurunce premiums herein othetwise provided shall not be atfected e:cept ineofur as thoee obligations have been met by rnmpliunce with this paregrapb. Mortgagee may trom time to time at its option waive. and after any such waiver reinstate, any or ull proviaions heceot requiring such deposita, by notice to Mortgagor in writing. While any such waiver is i~ effect. Mortgagor shall pay ta:es, aseeaements and inaurunce premiume na herein elaewhere provided. 4. To pcomptly pay all taxea and a$sesementa aaeeased or levied unde~ und by virtue of uny stute, teder~ii, or municipnl law or regulntion hereatter pas~ed~ against Mortgagee upon thia Mortgage or the debt hereby secured, or upon its inte~est under thia Mortgage, pmvided however. that the totel amount so paid for any such ta:es pursuant to this pari~graph togeth• er with the inte~eat payable on said indebtedoess ahall not exc~eed the higheat lawful rate ot interest in Florida and provided furthe~ that i~ the e~ent ot the paasage ot any such law or regulation impaeing a ta: or aaeessment against Mortgagee up- on this Mortgage or the debt secured hereby, that the entire indebtedness eecured by thia Mortgage ehai) thereupoo be- corne immediately due and p$yable at the option ot Mortgagee. S. To keep the Mortgaged Property insured against loas or damage by tire. and all perila ineured againat by an e:- tended coveraae endorsement. snd such other risks and perils as Mortgagee in ita discretion may require. The policy or policies ot such insurance ahall be in the form in Renecal use from time to time in the locality in which the Mortgaged Property~ is situated, shall be in such amount aa Mortgagee may reasonably require, ahaU be issued by a company or companiea appmved by Mortgagee~ and ahal! contain a atundard mortgagee clause with loes payable to Morigagee. When- ever required by Mortaagee, such policiea~ shall be deliveted immediately to and held by Mortgagee. Any and ali amounts received by Mortgagee under any of such policies may be applied by Mortgagee on the indebtedness aecured hereby in such manner as Mo~tgagee may, in ite sole discretion, elect o~, at t6e option of Mortgagee, the entire amount so received or any part thereof tnay be released. Neithe~ the npplication nor the releaae of any such amounta shall cure or waive any default. Upon ezercise of the power ot sale given in this Mortgage or other acquisition ot the Mortgaged Property or any part there- of by Mortgagee, auch policiea shall become t6e abeolute property ot Mortgagee. 6. To firat obtain the written consent of Mortgagee, such consent to be granted or withheld at the aole discretion ot Mortgagee, betore (a) temovir?a or demolisl~ing any t+uilding now or herea(ter erected on the premises, (b) altering the arrangement, deaign or structural character-thereof, (c) makin6 eny repaira which involve the removal ot structura) parts or the e:paaure of the interior of auch building to the elements, (d) cutting or r~moving or permitting the cutting and re- moval ot any trees or timber on the Mortgaged Pmperty, (e) removing or e:changing any tangible personal properiy which is part ot the Mortgaged Property, or (f) entering into or modifying Any leases ot the Mortgaged Property. 7. To.maintain the Mortgaged Propetty in good condition and tepair, including hut not limited to the mnking of such repairs as Mortgagee may trom time to time determine to be necessary for the preservation of the Mortgaged Property and to not commit or permit any waste thereof. ; 8. To comply with all laws, ordinances, regulations, rnvenants, conditions and restrictions a(fecting the Mortgaged Property, and not to sutfer or permit any violation thereof. _ 9. It Mortgagor fails to pay any claim, lien or encumbrance which is su~~erior to this Morig~+ge, or when due, any tax or assessment or insurpnce premium, or to keep the Mortgaged Property in repair, or shall commit or permit waste, or if there be commenced any action or proceeding atfecting the Mortgaged Property or the title ihereto~ or the interest of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or ceorgani~ation proceedings, then Mortgagee, at ita option, may pay said claim, lien, encumbra~ce, ta:, assessment or premium, with right o( subrogation. ~ thereunder, may make such repaira and take such ateps 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 tor any of. such purposes Mortgagee may advance such sums ot money, including all costs, reasonable attorney's tees and other items o[ e:pense as it deems nec~es,9ary. Mortgagee shall be the sole judge o( the legality, validity and priority . of any such claim, lien, encumbrance, ta:, assessment and premium and of the amount necesgary to be paid in salisfaction thereof. Mortgagee shall not be held accountsible for any delay in making any such payment, which delay may result in any additional interest, costs, chargea, e:penses or olherwise. . i 10. btortgagor will pay to Mortgagee, immediately and without demand, all sums of money advanced by Mortgagee j to protect the security 6ereof pursuant to thia Mortgage, including all costs, reasonable attorney's fees and other items of expense, together with interest on each such advancement at the highest lawtul rate of interest per annum in the State ot Florida, and all such sums and interest thereon shall be secured hereby. I1. All sums ot money secured hereby shall be payable without any reliet whaterer from any ~•aluation or appraise- E ment laws. ~ - t2. If delault be made in ~~ayment of any instalment o( ~~rincipal or interest of the Note or any ~>art thereot when ~ due, or in payment, when due, or any other aum secured hereby, or in performance ot any o( Mortgagor's obligations, coven- " ants or agreements 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:presaly waived, in which event Mottgagee may avail itself ~ of all rights and remedies, at law or in equity, and thia Mortgage may be toreclosed with all rights and remedies a(forded by • the laws of Florida and Mortgagor ahall pay all costs; charges and expenses thereof, including a reasonable attorney's fee, ~ including all such coats, e:penses and attorney's fees for any retrial, rehearing or appeals. The indebtedness secured hereby ~ shall bear interest at the highest lawful rate ot interest per annum in the State of Florida trom and after the date of any ~ such detault of Mortgagor_ If the Note provides tor instalment paymenta, lhe Mortgagee may, at its option, collect a late ~ charge not to e:ceed two cents ior each one doltar not paid to the Mortgagee when due, to reimburse the Mortgagee for ~ expenses in coUecting and servicing such instalment payments. - a 13. I( detault be made in peyment, when due, of any indebtedness secured hereby, or in performance of any of ~ Mortgagoi s obligations, covenants or agreement hereunder: (a) Mortgagee ia authorized at any time, without notice, in its sole discretion to enter u pon and take possession of , the Mortgaged Property or any part thereof, to perform any acts Mortgagee deems necessary or proper to consen~e the securily and to collect and receive all rents, issues and profits thereo(, including those past due as well <~s those acrruing ' thereafter; and _ ~ (b) Mortgagee ahall be entitled, as a matter of strict right, without notice and e:parte, and without regard to the " value or occupancy o( the aecurity, or the solvency ot Mortgagor, or the adequacy of the Mortgaged Property as secvrity tor the Note, to have a receiver appointed to.enter upon and take possession o( the Mortgaged Property, colleci the renfs and ' pro(ita therefrom and apply the same as the court may direct, such receiver to have all the righta and powers permitted ' under the laws ot Flotida_ In either such case, Mortgagee or the receiver may also take possesaion o(, and [or these purposes use, any and all pereonal property which is a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or y any part thereo(. The e:penae (induding receiver a feea, counsel fees, coata and agent's compensation) incurred pursuant ~ to the powers herein contained ahall be secured hereby. Mortgagee shall (after payment of all costs and e:pensea incurred) ~ ~ - ~ -2- ~ ~ ~ ~ r p 301 620 ~ eeoz - - ~ ~ , - - - _ ` ,ak~, ~ y, , ~ I r. e~ s .;`v 6~~~;~. r~.- ~'na ~ - ` - _ . _ _ ~ _ . n