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HomeMy WebLinkAbout2294 • ~ ti account to pa~• suc•h c•harg.•x Hhen due xh:dl I,c• Ix,id by I1lortgagor to Mortgagw• un demand lt, by reaxoniol :u+y default h~• !11ortKaKor under :uiy provaion of thix Mortgage, 111ortgugcr dc•c larex :dl xun+x xc•cund hereby to bc• duc• and payable, Mortgagc•+• may then apply any funds in said account against the entire indebtc•clm•xs sw•ured hereby. The enfon•eability of the +nven:+nts relating to taxes, axsessmenta and insurance premiums herein otherwise provided shall not he u(fec•tecf except i++sufur as those ubligatiuns have hewn met by cumplianc•e with this harngrq+h. Mortgagee may from time to time at its option waive, and after c+ny such waiver reinstate, any or all provisions hereof requiring such dehasits, by nolic•e to Mortgagor in writing. While any such waiver is in et(ec•t, A1urtg»gor shall lu+y taxes, ussesxtnents and insurance premiumx :+s herein elsewhere provided. , 4. To promptly lu+y all tazcx and asw•ssments assc•~wd or levied under and by virtue of any xtale, Icderd, or municilHd L+w or n•gulution hereafter I,:+sscd, against Mortgagee ulx,n this Mortgage or the debt hereby rxc•ured, or ulx,n its interest under this Mortgage, provided however, thin the total umuurt so Ir.+id for any such taxes purxuant to this Iwr:+Kraph togeth- er with the interest Ix+yable un said indebtedness shall nut exceed the highest lawful rote of interest in Florida :u+d provided further that in the event of the pass:+ge of any such law or regulation imlwsing a tax or assessment against Mortgagee up• on this Mortgage or the debt sei•ured hereby, That the entire indebtednesv sw•ured by this Mortgage shall thereulwn fx•- come immedu+tely due and Ix+yable at the option of Mortgagee. 5. To keep the Mortgaged Prolx•rty insured against loss or damage 6y fire, and all Ix•rils insured against by an ex- tendwf rn~er.+gc• endorsement, and such other risks and I,erils :+s Mortgagee in its discretion may require. The fx,licy or Iwlicies of such insurance shall be in the form in genen+l use from time to time in the Icx•ality in which the' Mortgagwl. Prolx•rty is situated, shall f,e in such amount as Mortgagee may reasonably require, shall I,e issurcl by a rnmlr+ny or coml,:+nies approved by Mortgagee, and shall contain a standard mortgagee clause with los payable to Mortgagee. ~Yhen- ever required by hortgagee, such I,olicies, shall f,e delivered immediately to and held by Mortgagee. Any and all amounts reerived by Mortgagee under any of such I+olicies may I,c applied by Mortgagee on the indebtednessY xex•ured hereby in such manner as Mortgagee may, in its sole diw•retion, elect or, at the option of Mortgagee, the entire amount su rcY•rived or any I,:+rt thereof may be released. Neither the application nor the release of any such amounts shall corn or waive any default. Ul+on exercise of the I+ower n( cde given in thix Mortgage or other acquisition of the. 111ortgaRecl Prolx•rty or any part them- of by Mortgagee, such IH,licies shall fx•e-ome the absolute prolx•rty of I11ortgagw•. 6. To first obtain the written consent of Mortgagee, such consent to f,e Rr.+nted or withheld at the role discretion u( Mortgagee, Ix tore Ia1 removing or demolishing any building now or hereafter erected on the pn•miscs, I61 altering the arr+nRement, design or structur.+l charnc•ter therer+(, Ic) making ady refwirs which in+•olve the removal of structural I,:+rts or the exl,osure of the interior of such building to the elements, Id? cutting or removing or I+ermitting the cutting an~1 re- moval of any trees or timl,er on the Mortgaged Iroherty, let removing or exchanging any tangible Ix•rsonal prolx•rty which is part of the Mortgaged I'rol?erfy, or I(1 entering into or modifying any leases of the Mortgaged Pml,erty. 7. To n+:untain the Mortgaged Irol,erty in good condition and repair, including but not limited to the making of such rel,:+irs as Mortgagee may from time to time determine to Ix• ne•erss:+ry for the pn•servation of the Mortgaged Ymlx•rh• and to not commit or hermit any waste then•o(. K- 7•o comply with all laws, ordinances, mRulations, covenants, conditions and restrictions :dtectinR the \tortRaked I'ml,c•rty, and not to softer or Ix•rmit any ~•iolation then•of. 9. If Mortgagor fails to Ix+y any claim, lien or encumbr:uu•e which is sulx•rior to this MortR:+Re, or when due, any' tax or assessment or insur.+nc•e premium, or to keep the Mortgaged Property in repair, or shall commit or Ix•rmit w;+sh•, or i( there t,e c•ommenc•ed any action or pr«•c•c~ding atfectinK the Mortgaged Yrof+erty or the title thereto, or the interest of - MortgaRee therein, inc•IudinQ, but not limited to, eminent domain and f,:+nkruptcy or reorganization proceedings, then Mortgagee, at its option, may pay s:+id claim, lien, en+•umbr.+n:r, t:+x, assessment or premium, with right of submRation !hereunder, miry m:+ke such repairs and take sw•h steps as if deems ad~•is:,ble to prevent or cure such waste, and may apl,ear in any such action ur prcx•eedinR and retain counsel thereto, and t:+ke such action therein as MortR:+R+•+• deems ad- vis:+ble, and for any of such purlx>ses I1lortgaKee may advance such sums o[ money, including all casts, reasonable attorney's fees and other items of exl,ensc• as it deems necess:+ry. MurtKagw• shall f,e the sole judge of the legality, validity and priority of any such claim, lien, encumbr.+nce, tax, assessment and premium and of the amount nw•es5:+ry to be I,:+id in s:NisF.u•tion thereof. MortRaRe•c• shall not ix• held accountable for any delay in making any such payment, which delay -may result in any additional intenst, costs, charRex, exfx•nses or otherwise'. 10- Mortgagor will pay to MortRaKce, immediately and without demand, all sums of money advanced by Mortgagee to protw•t the security hereof pursuant to this Mortgage, irn•IudinR all costs, reasonable attorney's fees and other items of exl,ense, together with interest on each such advancement at the highest lawful rate of interest Ix•r annum in the State of Florida, and all such sums and inlete•st then•on shall fx• sw•ured herehv. ll. All sums of money se'cure'd hereby shall IK• p:,yablc• without any relief whatever from any valuation or appraise- ; n+ent laws. s 12. It default I,e made in payment of am' instalment of principal or interest of the Note or any part thereof when • 5 i due, or in lu+yment, when due, or any other sum secured hereby, or in performance of any of Mortgagor's obligations, coven- ants or agreements hereunder, all of the indebtedness secured hereby shall I,w•ome and !,e immediately due and Ik+yable al the option of :11ortRagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itself of all rights and remedies, at law- or in equity, and this Mortgage may F,e foreclosed with all rights and remedies afforded t,y the laws of Florida and AtortgaRor shall Iw+y all costs, charges and exl,ensc•s thereof, including a reasonable attorney's fee. including all such cvsts, ex{,eases and attorney's fws for auy retrial, rehearinK or appeals. The indebtedness secured 6erehy sh:+ll fear interest at the highest lawful rate of inten•st {s•r annum in the State of Florida from and after the date of am• l such default of ~1ortRagor. It the Note• provides (or instalment I,:+yments, the 1~tortRaRce miry. at its option, rollec•t a late { charge not to eXCEYd tw'o cents for each one dollar not paid to the ;1lortgaKee when due, to reimburse the hlortKaQee for exlx•nse•s in collectinK and sc•nicinR such instalment payments z 13. If default Ix made in payment,, whin due, of any indebtedness see•ured hereby, or in Ix•r(ormance of :my of Mortgagor's obligations, covenants or agreement hereunder la) Mortg:eRee is authorized at any time, without notice, in its sole discretion to enter ulx,n and take Ix,~session of f thc• Mort a ed I'ro ,arty or am• ,art thereof, to ,c•r(orm an acts 11ort ee deems nw•ess:+ry or ?m ,er to c•onsen•e the R•R 1 I 1 Y 1.•K 1 F security and to collw•t and n•ceic+• all n•nts, issue's and pmlitr- thereof, including those past due as well as those an•ruinR thereafter: and Ibl hlortRaRee shall I,e entitled, as a matter of strict right, without notice and exparte, and without regard to the value or rx•cupancy of the security, or the solvene•y of 111ortgaRor. or the adequacy of the Mortgaged Property as security for the Note, to have a receiver appointed to enter ulx,n and take Iwssession of the 111ortRaged Prol,erty, rnllec•t the rents and profits therefrom and apply the same as the court -may direct, such receiver to have all the rights and lowers Ix•rmitted under the laws of Florida. In either such case, AiortRagee or the receiver may also take I,ossession of, and for these purlx,ses use, any and all Ix•rsonal pml+erty which is a part of the Mortgaged Yrol,erty and used by AtortRaRor in the rental or leasing thereof 'or any part thereof. The exl,c•nxe !including rec'eiver's fees, ccx+nsel tees, costs and agent's compensation) incurred pursuant to the fwwers herein con4+ined shall f,e secured hereby. 1lortgaQee shall (after payment of all coats and expenses incurred) ~ -2- 9GRS 3U1 1: ~~~289