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HomeMy WebLinkAbout0023 • .•~i . j ; ` . . r: . i . A ? ~ 1 • u~Y^ount to pay sucb cherges when due shall he paid by Morlgagor to Morigagee on demnnd. I(, by rvason of any de(ault by Morl6ago~ under any pro~ision of this Mortgase, Mortgnaee declare~ ap sums iecured hereby to be dua and payable, Mortsagee maY then epply any funds ia said uccount againd the entire indebtedneas ~ecured hereby. The entorcenbility of t6s covenanq relatins to te:e~, a~eurnsots ared insurance premiums herein otberwi~e provided ~hSU not be etfected except in~ofar as tbwe obliaatioos have beee met by compliunos witb thu peeagroph. Mortsagee may trom time to tlme a! ib option w~ive, and atter any such waiver rei~ntate. any or a1! provisions bereoE requirit~~ rttch dapwita, by notice to Mortaagor ia writiaa. While any ac6 waiver is in eftect, Mostaaaor ahall pq? ta:ee, a~se~srmen4 and insuraace premiuau as berein elaswbsre,provided- 4. To promptly p~ all taxes and ua~e~smeab aa~eacd or levied under and bp virlue ot any state. federal, or mu~icipal taw or regulation hereatter pa~ed. aaainst Mort~aiee upon tbis Mortse~e or We det?t hereby recvred. or upon ita intered under this Mort~s. pt~ovided bowever. ~19~ ~9 ~O~AI 81DO4Il~ ~O pflld ~OT 8ily WC~I ~dI~ p11[8U8l1L ~O W!! {~8M$TAP~I ~06BlIl- er with t6e iatvrest payable on aaid irdebtednew shaU not ~oeed the hi~hed lawtul rate of intare~t in Florida and provided turt!?er tLat in the event ot tbs paMaae ot aqy wch law or regulatioa impwing a taz or as~e~sment aaainst Morigagee up- on this Mortgaae oY the debt eecured bereby, that the entire indebtedness secured by this Mortgage ahall thereupon be- come immediateiy due and pwyable at the optioa ot MoMgagee. ~ 5. To keep the Mortgaged~ Property insured agaiqst lo~s or da~nage by Cre~ and aU perib insured against by an e:- tended covernge endotsement. and such other risks and perils as Mortgagee in its dixretion may require. The policy or policies ot aich insuraAee sl~all be in the torm in general uee trom time to time in the locality in which the Mortgaged Pcoperiy is situated, shall be in sucb amount aa Mortgagee may reasonably require. shall be issued by a company or coanpanies ~ppmved by Mortgagee, and ahall contain a ata~dasd mortgagee clause wiW loes payable to Mortgagee. When= . ever required by Mortgagee, suc6 policies. shall be delivered immediately to and 6eld ~by Mortgagee. Any and aU amounts . received by Mortgagee under aay o[ sucb policies may be applied by Mortgagee on tl~e indebtednees secured hereby in such manner aa Mortgagee may, in its sole discretion, elect or, at the option of Mortgagee, the entire amount eo received or any part thereof may be releaeed. Neither the application nor the selease ot any such amounte ahall cure or waive any detault_ Upon e:ercise of We power ot sale given in this Moctgage or other acquisition ot the Mort~aged Property or any part there- of by Mortgagee~ such policies sheU become the aheolute property ot Mortgagee. 6. To tirst obtain the written consent of Mortgagee, such consent to be granted or withheld at the aole discretion ot Mortgagee, betore (a) removina or demolishing any buildins now or herPa(ter erected on the premises, (b) altering the arrangement. deai~n or sttuMutal character tl~ereof. (c)' makins any repairs which involve tl~e removal of structura! parts or the ezpoeure ot the interior of such ~building to the elements, (d) cutting or removing or permitting. We cutting and re- moval of any treea or timber on the Mortgaged Property~ (e) removing or e:ch~nging any tangible pereonal property which is part of tLe Mortgaged Property. or (t) entering into or modifying any leases of the Mortgaged Property. To maintain the Mortaaged Property in good condition and repair, including but "not limited to the making of such repairs aa Mortgag~e may fmm time to time deternune to be necessary ior the preservation ot the Mortgaged Property and to not rnmmit or permit any waste theteof. ~ & To rnmply wit6 all lawa, ordinances, regula/ions, covenants. conditions and reatrictiona at(ecting the Mortgaged _ Property, and not to sutfer or permit any violation thereof. 9. If Mortgagor_ faila to pay any claim. lien or enrumbrance w6ich is superior to this Mortgage, or when due, any tax or asseaament or insuraace premium, or to keep the Mortgaged Property in repair. or ahall rnmmit or permit waste, or it there be commenced any aMion or proceeding atfecting the Morigaged Pmperty or the tiUe thereto, or the intereat o[ Mortgagee therein, iacluding. but not limited to,- erainent domain and bankruptcy or reorganization proceedinge. then Mortgagee, at ite option, may pay said claim, lien. encumbrance. taz, assesament or premium. with rig6t of subrogation thereunder, may make such eepairs and take such steps as it deema advisable to prevent or cure such waste, and may appesr in any suc6 action or proceeding and retain couneel tfierein, and take auch action therein as biortgagee deems ad- visable. and tor any o( such purposea Mortgagee may advance suc6 e~uns bf money, includins all coets, reasoaabie attorney's feea and other items ot e:pense as it deema neceseary. Mortgagee ehall be the sole judae of t6e legality. validity and priority ot any such claim, lien, eacvmbrance, t~, aasessment and premium and o[ the amount neceeeary to be paid in eatisfaction thereof. Mortgagee alwll not be held accountable for aay ~lay in making any euch payment, which delay may result in any additional inter~t, coats. cl~arges~ e:penses or oWerwise. 'i 10_ Mortgagor will pay to Moctgagee, immediately and without demand, ~all sums ot money advanced by Mortgagee ~ to protect the eecurity 6ereof pursuant to thia Mortgege, including all costs, reaaoneble attorney'a fees and other items of ~ e:Ex:nse, toget6er with intereat on each such advancement ak the highest law(ul rate o( interest per annum in the State of ' Florida, and all such sums and interest thereon ahall be aecured hereby_ ' ; I1. All sums of money secured hereby ahall be payable without any relie! whatever trom any valuation or appraise- ~ ment taws. . F 12_ If detault he made in payment ot any instalment of principal or interest of th~ Note or any patrt thereof when ~ due, or in payment, when due, or any other sum secured hereby, or in petformance oi any of Mortgagor'a obligationa, coven- anta or agreements 6ernunder, all of the indebtedness secured hereby ahali become and 6e imafediately due and payable at the option o! Mort~cagee, without notice or demand which are heteby ezpressly waivec~ in which event Mottgagee roay avaiJ itself ot all rights and remedies, at law or in equity, and this Mortgage may be foreclosed.with all rights and remedies a(forded by the laws of Florida and Mortgagor shall pay all coata. charges and e:pensea thereof~ u?ciuding a reaeonable attorney'a -fee, including all such costa, e:penaes and atiorney's tees tor any retrial, rehe~ting~ar appeale. The indebtednesa secured hereby ~ shail bear interest at the highest lawiul rate o! interest per annum in the State oi Florida from and after the ~date of any such detault of Mortgagor. 1f the Note providea (or instalment payments; the Mortgagee mey, at ita option, collect a late ~ charge not to e:ceed two cents for each ane dollar not paid to the Mortgagee when due, to reimburse the Mortgagee tor expenses in collecting and eervicing such insteltnent payments. ~ 13. If default be tnade in payment, when due, of any indebtednesa secured hereby, or in performance of any ot . e Mortgagor a obligationa, covenants or agreement hereunder: ~ ~ (a) Mortgagee ia authoriied at any time, without notice, in ita sole discretion to enter upon and take poseession o( the Mortgaged Property or any part thereot, to perform any acts Mortgagee deema necessary or proper to conserve the - security and to collect and receive all rente, iasuea and profits thereo[, including thoee past due as weli as those accruing ~ thereatter: snd s ; (b) Mortgagee sha11 be entitled, as a matter of atrict rig6t, without notice and ezparte, and wit6out regard to the ' ~ value or occupancy ot the security, or the eolvency ot Mortgagor. or the adeqaacy of the Mortgaged Pmperty as sec~rity tor ~ § ' the Note, to have a receiver appointed to enter upon and trike poeeesaion o[ tbe Mortgaged Property~ collect the rents and ~ ~rotifa therefrom and apply the same as the court may direct, such receiver to have aU the righta and powera permitted ~ under the laws of Florida. ~ In either such case, Mortgagee or the receiver may alw take posseseion of, and for tnese purposee uee, any and all personal property which ia a part ot the Mortgaged Property and uaed by Mottgagor in the renta! or leasing thereof or ~ any part thereof. The e:penee (includins receiver's [eea, counsel tcea, coats and agent's compensation) incurred pu~suant to the poweis her8in contained shall be secured 6ereby. Mortgagee a6a11 (after ~ayment of all casts and e:pensea incurred) ~ ~ ` -2- ~ . ~ gD~x 303 ~a~ ~ ~ _ ~ ~ ~ ~ r~~,: f" ',~°-'"r T` f,'-~-~s . _,°Y r - _ " ~ ,~a~ _ xa" ~ s~ ~ _ ~ ~ . , _ ; .