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HomeMy WebLinkAbout0073 s ~ .~.~~~t~ ' ~ ~ a~ti~ount to pay wcb charse~ when due shail be peid by Mortsasoc to Mort~aaes on deaiarxl. t~by rea~on of a~y detault by Mortgasor under aey provisio~ o( this Morl~a`s. Mortsa~ee declaces sU suau ~ecured herebY to bs due end payable, MoK~ee mqy then apply any tands ia ~aid account asain~t tbs entirs indebted~ ierured hereby. The enton~eability ot the covenanb ielatit?~ to taxea, a~e~ur~ent~ and inswa~ca premiuma Mrein Mbetwi~s provided shAll not be atf~cted except iwotar as thws obliaations 6AVe beon mst by rnmpliano~ with this para~cap~h. Mor~s.se. ,n.y irom ume to cime a~ ib option waive, and s(ter aay sucb waiver reinatato. any or ali pcoviaions Mreo[ raquirin~ ach deposita„ by aotioe to ~ Mortas~or in writin~. While aRy suc6 waive~ w ia e~tect. Murtsasor ~haq pay ta:es. aae~saaea4 and insurenoe premium~ a~ herein ebew6er~ provided. ~ . 4. To promptly pey aQ tanes and sa~smenb aaessed or levied under and by virtue ot any stats. tederal. or municipal law or re~latioa bereetter pw~ed~ atainit Mottgajee upo~ thi~ Most~sse ot the debt hereby ~ecured. o~ upon ib intecest under thi~ Mort~a~e. provided however. ibat t6s tofat amawt w paid [or any wch tases punuaat to thi~ paru~rapb toaeth- er with t6e intemd psyable ot? said indebtednen shall not e:oeed tbe hi~hest 1aw[ul rate ot intere~t in Florida and provided further that ia t6e event ot tLs paaa~e o( any wch !aw or ra~ule~tion imposin~ a ta: or es~e~aent ajainst Mortsa6es up~ on this Martaase or the debt secured hereby. that the entire indabtedneM ~scured ~y this Mortaage ahall thereupon be- come'immedia/ely due and psyeble at the optioA ot Mortaages. ' 5. To keep the Mortseged Pm~erty ia~uced againd lor or dama`e by tire. and aU perils insured against by an e:- tended rnverage et~dorsement. and such otl~er tisb and perils as Mort~ee in i4 discretion may require. The policy or policies of ruch uwrsnoe sbaU b~ ia ths toem in aaneral we twm tiine to time in the locality in w6icb the Mortsased Propedy u situated.. ehaq be i~ wch amount as Modgaaee may e~asoi?ably require. shall be iesued by a rnmpany or companies approved by Mortaegee. and sball contain a atandard mortaasee clawe with los~ payable to Mortgsgee. When- ever required~ by Mortaaaee, such poUcie.. shall be delivered immediacely eo and held by Mortga6ee. Any and all amounb• received by Mortaa`ee under any of suc6 poUcies may be applied by Mortausee on the indebtedne~s secured hereby in such maaner as Mort~ee may. in its wle cli~cretioa. elect or. at the option of Mortga~ee, the entire amount w received or any part thereof iney be released. Neitber the applicatiorl aor tbe release ot eny such amounb al~aq cure or waive any delault. Upon e:ee~ise of. tbe power ot sale siven in this Mortasae or other acquiaition ot the Mortsased Property or any part there- of by Mortsaaee. such policies ~hall become the absolute pmpedy ot Mortaagee. 6. To titst obtain t6e written coruent of Mortgagee. such consent to be 6rented or withheld at the eole discretion of Mortgsaee. betore (a) nmovins or demolishina any building now or hereatter erected on t6e premisei, (b) altering t6e arransement~ deaian or serurturai character thereof. (c) makina any rep~eirs wbicb involve the remova! oi structural parts - or the expo~ure of the intarior o[ such buildiaa to tl~e elements, (d) cnHin~ or removina or permittins tl~e cutting and re- moval of any trees or timber on t6e Mortaased PropertY. (e) removins or ezchanains any tansiWe,peraonal property which is part ot the Mortgased Property. or (f) enterina into or modifying any leases ot the Mortgaged Property. 7. To maintain t6e Mortgaged Propedy in sood condition and repair, inclnding but not limited W t6e makina of such repai»"as Mortaagee may te+om time to time determine to be neceaaary for tbe presenration oi the Mort~ed Pmperty and to not commit or permit any waste thereof. ~ 8. To comply with all lawa, ordinancea, reguiations, covenants, conditions and reatrictiona at(ecting the Mortgaged Property, a~ aot to autfer or permit any violation thereof. - ~ 9. It Mortgegor taila to pay any claim, lien or encumbrance which is superioc to this Morigage, or when due, any tex or aaeess~nent or insurance premium, or to keep the Mortga~ed Pmperty in repair, or shali commit or permit waate, or it there be commenced any action or proceedina a(tecting t6e Mortgaged Property or the title thereto. or the interest ot ~ Mortgagee therein, includin6, but not limited to, eminent domain and bankruptcY or rEOrBanization proceedinEa, then Mortgagee, at ib option, may pa~ aaid claim, lien. encumbrance. taz, assessment or premium, with right of submgation thereunder, may make such repaits and take atich stepe as it deems advisable to prev~ent or cure such waste, end may appear in any snc6 action or proceedins and retain counael tt~erein. and take such action therein as Mortgagee deems ad- visable, and tor any of such purposea Mortgagee may advance such sum~ ot money. including all costsr reasonable attorney's fees and other items of e:pense as it deems neceasary. Mortgagee ahall 6e the eole judge oi the legality, ~alid~cy ana priority o[ any such claim, lien, encumbrance~ taz, e~ssment and premium aad of t6e amount neceasary to be paid in satiataMion thereof. Mortaagee shall not be beld accountaMe [or- any delay in makina any auch payment. which delay may result in ~ any additional intereat~ costs, charges, e:pensea or otherwiae. 10. Mortgagor wiU pay to Mortgagee, immediately and wit6out demand, all suma ot money advanced by Mortgagee ~ to protect the security hereot purauant to this Mortgage, including all coets. reasonable attorney e fees and other itema of ~ e:pense, to6ether with interest an each such advancement at the higheat lawtul rate of interPSt per annum in the State o( Florida, and all such sums and intereat thereon ahall be secared hereby. - 9 I1. All sums ot moneY secvred hereby ahall be.payable without any reliet whatever Irom any valuation or ~pprai~e- ~ cnent laws. : 12 It default be made in payment ot any instelment o[ principal or interest of the Note or any part thereof when due, or in payment~ when due, or any otber sum secured hereby, or in pedor~aanee of any of Mortgagoi s obligations, coven- anta or agreements~ hereunder. all of the indebtedneas secured hereby ahall become and be immediately due and payable at the option ot Mortgagee~ without notice or demand which are hereby ezpresaly waived, in which event Mortaagee may avail itselt ot all rights and remedies, at law or in equity, and this Mortgage may be foreclwed witL all rights and remedies afforded by z the lawa ot Florida and Mortaagor ahall pay all caets. charges and e:penaea thereof. including a reasot~able attorney e fee, _ including all such casta, e:pensea and attorney's teea [or any retrial, rehearing or appeais. The indebtedneaa eecured herebY ahall bear intet~est at the higheat lawful rate of interest per annum in the State ot Florida irom and atter the date of any ~ such detaulf of Mortgagor. It the Note providea tor instalment paymenta. ttie Mortgagee may, at its option, collect a late charge not to e:ceed two cents for eacl~ one dollar not paid to t6e Mortgagee when due, to reimburse the Mortgagee tor ezpensea in collecting and servicing such instalment paymenta. 13. It default be made in peyment, w6en due, of any indebtedneas secured 6ereby~ or in performance of any ot Mortgagor's obligatiotu, rnvenanta or agreement hereunder. (a) Mortgs~gee is aut6orized at any time, without notice, in its sole discretion to enter upon and take po~session o( ~ the Mortgaged Property or any part thereot, to pertorm any acta Mortgagee deems neceesary or pmper to conserve the j ~ security and to collect and receive all rents, iaeuea and profita therea(, including those paat d~e aa well as thoee acrruing ' 1 therealter: and ~ . (6? Mortgagee ahall be entitled. as a matter of atrict right. without notice and e:part~, and without regard to the vafus ot occupancy of the eecurity, or the solvency of Mortgasor, or ihe adequecy of the Mortgaged Pmperty aa security for t6e Note, to 6ave s receiver appointed to enter upon and teke po~aeion of the Mortgaged Propetty, rnllert tbe rents and ' pmGts theretrom and apply the eame as the court may direct, sush receiver to have all the rights and powers permitted <F under the lews of Plorida. ~ In eit6er such cese, Mortgagee or the receiver may also take poeseasion of. and tor these purposea use, any and all personal property wWch ie a part of the Mort;aged Pmperty and used by Mortgagor in the rental or leasing thereof br r any psrt thereof. The e:penre (including receiver'e teea, counsel tees. cosb and e8ent's rnmpensation) incurred pursuant j':- to the powen fierein rnntained a6a11 be ~ecured hereby. Mortgagee ahall (after payment of all costs and e:penses incurred) . -2- ! e~ox ~3 ~acE ~ ; . . } . r,. ~ - - - - - - - _ - _ . . - ~ s,,,~~ . _ ,a, ~ w~. ~ ~ _ ~ _