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HomeMy WebLinkAbout0067 ~ ~ 1{~ s' ~ ~ • . ~ . •r~ fe,/~ a~Y~ou~t to puy wch riw~ges when due ahuU be puid by Morl~uRu~ to Mott~ue ue deawnd. If, by reaaon ot any de(auit t~ by Mortgugor u~der any pro~•ision of thu Moriguge, Mo~tgaRes declures all sums ~ecured hereby to bo due and payable, Mortga~ee tnay then appiy any tunds io said acc~unt againrt tbe entier indebtedne~s ~scured hereby. The entoecoability ot the covvnurtta relating to taxea. as~easmeob and insurance premiums he[ein otbemi~e p[ovided shaU not be oUected excopt insolar as those obliaations have been met by compliance with this pa~raph. I~1ost~aaee a~ay trum tirae to time at ita optio~ waivs. and atter any aucb waiver reimte~te. apy or aq pmvisions hereot requirin~ such ddpoaita~ by notice to 4 Mortgago~ in wtitin`. While any aurh waiver is in e(tect, Morf~agor ahali pay ta:es. aaesemeats and in~urance premiums us herein el~ewhere provided. ~ ~ 4. To promptly pay all tax~ and us~asments aesessed or I~vied under and by virlue of any atate, federel, or municipal i law or ~rsulatio~ hereaiter paased~ againd hlortgagee uport thia Mortgage or the debt hereby ~ecured, or upon ib intereat ! under lhis MortgaRe, ptovidod however, that the total amount w paid tor any such taxes pursuant to this parogn~ph togeth- ; er with the interest payable o~ eaid indebtedneas shall not eicceed the highest lawtul rate of iaterest in Florida and provided ~ lurther that in tl~e eveat ot the paawge ot aay sucl~ iaw or regulation impoains a tax or aeseaement againat Mortgegee up- ~ on this Modgage or the debt ~ecueed hereby, it~at the e~tire indeMedneas secured by ihis Mortgey~e stwll ihereupo~ be- ! cume immediately due and p~ayable at the option of Moctsages. ~ b. To keep tl~e Mortaaged Pmperty.insured against lass or dama~e hy tire, and ap perils insured aga'inst by an ex- ten~kd coverage endorsement. and sucfi other risks and perils as Mortgagee in ~ib discretion may require. The policy or • policiee oE such inwrance shaU be in the tora~ in geaeral we imm tia~e to time in the locality in which the Mortgaged _ Property is situated, s6a11 be in sach amount as Mortgagee may reaeonably require. sha11 be iawed by a company or rnmpanies approved by Mortgagee, and ahall contaiA a atandard mortgagee clause with ioas payable to Morigagee. When- y ever required by Mort6asee, such policiea. ahall be delivered immediately to and beld by Mortgagee. Any und all amounta ~ rereived by Mortaagee under any ot such policies may be applied by Mortgagee on~ the indebtednese secured hernby in such manner as Mortgagee may, in ita sole discretion, elect or. at the option ot Mortgaaee, the entire amount so received or any ~ ~ part thereo[ may be released. Neither the application nor the relesse ot any sucl~ amounts shaU cure or waive any default_ Upon e:ercise ot the power of sale 6iven in this Mort~a6e or other ecquisition of fhe Mortgaged Pmperty or any part there- ot by Mortgaaee~ such policiea shall becoax the absolute property of Mort6agee. ~ : i 6. To tirst obtain the written coneent of Mortgagee, auch conaent to be gronted or withhetd At the sole diacretion of ~ Mortgagee, before (a) removin6 or demolishin6 any building now or hereafter erected on the premises. (b) Altering the arrange~nt, design or structural cl~aracter thereof, (c) makin6 any repain whicb involve the temoval oE structnral parta ~ or the e:posure of the interior o[ such buildins to the elements, (d) cutting or removing or permitting the cutting and re- movai ot any trees or timber on the Morigaged Property, (e) removing or e:changing any tangiWe pezsonal property which is part of the Mortgaged Property, or (t) entering into or moditying any leases ot the Mortgaged Properiy. 7. To maintain the Mortgaged Pmperty in good rnndition and repair, including but not limited to t6e raaking o! auch F repairs as Mortgagee may fmm time to time detern~ine to be necessary tor the preservation of the Mortgaged Properly and lo not commit or permit any weste thereot. . I 8. To comply with a4 Tiaws, ordinpncea, re6ulations, covenants, conditiorus and restriMions attecting the Mortgaged # i Propercy, and not to su(fer or permit any violation thereot. _ 9. It Mortgagor (sils to ~y nny claim, lien or encumbrance which is superior lo thia Mortgage, or when due, any !ax ~ or a~eessment or i~urance premium, or to keep tbe Mortgaged Ptoperty in repair, or shall 4~ommit or permit waste, or if there be rnmmenced any action or proceeding at[ecting the Mortgaged Property or the tiNe thereto, or the interest of Mortgagee therein, including, bat not lirnited to, eminent domain and bankruptcy or reorganization pr~oceedings, then ~ Mortgagee, at its option, may pey said claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder. may make such repaire and take auch atepe as it deems advie~ble to prevent or cure such wnste, and may ; appear in any such action or proceeding and retain counsel tfierein, and tuke such action therein as Mortgagee deems ad- visable, and tor any ot auch purposes Mortgagee may advance such sums of money~ including aq costs. teasonnble attorney's ~ tees and other items ot e:pense as it deems necessary. MorigAgee ahall be the sole judge o[ the legality. validity and priorily of any such claim, lien, encumbrunce, ta:, assessment and premium and of the amount necessary to be paid in satisfaction thereof. Mortgagee shall not be held accountable for any delay in making any such {myment, which delay may result in any additional inlerest, costs, chargea~ e:penses or othemise. . 10. Mortgagor will ~ray to Mortgagee, imrnediately and without demand, all suma of money advanc~ed by Mortgagee ~ to protect the aecurity hereof pureuant to thia Mortgage, including all costs, reasonable attorney's (eea and other_items of ~ expense, together with interest on each suc6 advancement at the highest lawtul_rate of interest per annum in tl~e State o( ~ Florida, and all such auins and interest thereon shell he seeured hereby. ; 11. All sums of money serured hereby shall be ~wyable without any relief whatever fcom any ~•aluation or n~>praise- a ~ ment lawa. 12. It detault be made in payment of any instalment of principal or interesf of the Note or any part thereof when due, or in payment, when due, or any olher sum secured hereby, or in per[ormance of any of Mortgagor s obligations, coven- ants or agreements hereunder, all ot the indebtedness secured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby expresaly waived, in which event Mortgagee may aeail itself ot all rights and remediea, at law or in equity, and thia Mortgage may be foreclosed with all righta and remediea a(forded by the lawa of Florida and Mortgagor shall pay all costa, charges and ezpenses thereoi, including a reasonable attorney's fee. including all such cosfs, e:penses and attorney a fres for any retrial. rehearing or appeals. The indebtedneas aecured hereby shall bear interest at the-highest lawful rate of intereat per annum in the State ot Florida fcom and atter fhe date ot any such default of biortgagor. If the Note pmvides for instalment payments, the Mortgagee may, at ita option, collect a late charge not to e:ceed two centa for each one dollar not paid to the Mortgagee when due, to reimburae the Mortgagee tor _ e:penses in collecting and aervicing auch instalme4t paytnents. 13. if default . be made in payment, when due, of any indebtedneae aecured hereby, or in per(ormance of any of ~ Mortgagor's obligalions, covenanta or agreement hereunder: (a) Mortgagee i.a authorized at any time, without notice, in its sole discrntion to enter upon and take possession o( the Mortgaged Property or any part thereof, to pertorm any acta Mortgagee deems necessary or proper to consen~e the aecurity and to collect and receive all rents, issues and profits thereof, including those past due as well as those acrruing ` thereatter; and „ (b) Mortgagee shall be entitled, as a matter of strict right, without notice and e:parte, and w~thout reBard to the ~ value or occupancy of the security, or the solvency of MortgaSor, or the adequary of the Mortgaged Property ae security [or ~ the Note, to have a receiver appointed to enter upon and take.poesesaion of the Mortgaged Property, collect the renta and ~ profite tber8from and apply the same as ihe court mny direct, auch receiver to have a11 the rig6te and powen permitted under the laws of Florida. _ ~ t : ~ In either auch case. Mortgagee or the receiver may also take poasesaion ot, and for these purpo~es use, any and all ~ personal property which is a part of the Mortgaged Property and used by Mortgagor in the rental or leasing t hereo f or any part thereof. The ezpense (inciuding receiver a feea, counsel fees, coats and agent's compenaation) incurred pursuant ' to the powers herein contained shall be eecured hereby. Mortgagee shall (after payment ot all rnets and e:pensea incurred) ` ~ -2- . i , ~ ~ r . ; . : ~ : } , a~oK 303 FA~E '67 ~ ~ . , ; - _ ~ _ - ~ _ - i,1r - _ 1 y,q _ _ . _m,.~S"=# - . . _