Loading...
HomeMy WebLinkAbout0008 . ~ u~Y~ount to pay auch chargea when due ahull I~e ju~id 1?y Mortgugor to Mortgagee on demi~nd. by m.ixun of uny dett~ult by Mortgagor under any provision ot this A4ortgage, Mortgagre declu~es all auma secuted hereby to he due and ~wyable, :~lortsaeee maY then appiy any tuods in said account t?gainst the entire indebtedneen aecured hereby. The en(oneability ot the covenuots relating to tu:ea, aseesementa and insurance premiume herein otherwiee provided ahall not be affected except i~sofa~ as those obligationa have been met by compliam-e with this paragraph. Mortgagee may (rom time to time at ita optio~ waive, and a(ter any such wniver reinatnte. any or AU provisions hereot requiring such depoeits, by notice to I?iortgagor in writing. While any such wai~~er ia io effect, Mortgagor shali pay tAxea, assesemenls and insurance premiuma as herein eliewhere provided. 4. To promptly ptty all tuxea ~nd ussessments assexs~d or levied under and by virtue o( any alute, teclerul, or municipal Inw or regulation hereafter paseed, ngair?st Mortgagee u{wn thia Mortgage or the debt hereby aecured, or upon its interest under thia Mortgage, provided however, that the total amount so paid for any such taxes pursuant to this par:~gr~ph togeth- er with the intereat payable on said indebledness shall not exceed the higheet lawtul rate ot intereat in Floridu and pmvided f~rther that in the event of the passage of any such law or regulation imposins a taz or asseasment againat Mortgagee up- on this Mortgage or the debt eecured hereby, that the entire indebtednesa secured hy this Morigt~ge shail thereupon F?e- come immediately due and payable at the option ot Mortgagee. 5. To keep the Mortgaged Property insu~ed against loaa or dunwge by fire, and all perils insured aguinst by an ex- tended coverage endotsement, and such olher riaka and perils as Mortgagee in ils discretion may require. The policy or , policies of such insurance ahaU be in the form in genera) use (rom time to time in the locality in which the Mortgaged Property is situated, ahall be in such amount as Mortgagee may reasonubly require, ahal) be issued b3 a company or companies approved by Mortgagee, and shall contain a standard mortgagee clause with loss payable to Mortgagee. When- ever r¢quired by Mortgagee, such policies, aha11 be delivered immediately to and held by Mortgagee. Any ~nd al) amounis received by Mortgagee under Any ot auch }wlicies may be applied by Mortgagee on the indebtednese secured hereby in such manner as Mortgagee may, in ita sole diacretion, elect or, at the option of Mortgagee, ihe entire amount so received or any part thereo( may be released. Neither the application nor the reles~ae of any such amounta shall cure or waive any default. Upon exercise of the power ot sale given in this Mortgage or other ~cquisition ot the 11~orlgaged Property or any ~rt there- of by Mortgagee, such policies shall become the Absolute property of Mortgngee. 6. To firat obtain the written consent ot Mortgagee, such ~~onsent to t?e Kranted or withheld at the sole discretion ot Mortgagee, be(ore (a) removing or demolishing any building now or hematter erected on the premises, (b) altering the arrangement, deaign or atructural character thereof, (c) making any repairs which im~olve the removal ot structural parts or the e:posure of the interior ot such building to the elements, (d? cutting or removing or permitting the cutting and re- moval ot any trees or timber on the Mortgaged Property, (e) removing or exchanging any tangible personal property which is part of the Mortgaged Ptoperty, or (t) entering into or modifying any leases of the Mortgaged Property. 7_ To maintain the Mortgaged Property in good condition and repair, including but not limited to the making o( such repairs as Mortgagee may from time to time determine to be neres4ary for the preservation ot the Mortgaged Property and to not commit or permit any waste thereof. - 8. To comply with all laws, ordinrnces, regulations, covenants, ~~nditions and reslriclions a(fecting the 111ortRaRed Property, and not to suffer or permit any violation lhereof. 9. If Mortgagor fails to ~~y any cls~im, lien or encumbrance which is su~~erior to this Mortgage, or when due, ,iny tax or assessment or insurance premium, or to keep the biortgaged Property in repair, or shall commit or permit waste, or it there be commenced any action or proceeding atfecting the Mortgaged Property or the title thereto, or the interest o( Mortgagee therein, including, but not limited to, emi~ent domain and bankruptcy or reorganization proceedings, then Mortgagee, at ita option, may pay s~id claim, lien, encumbrance, ta:, asses9ment or jiremium, with right of subrogation thereunder, may make such repairs and take such steps as it deems advis~ble 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 deera~c ad- visable, and for any of such purposes Mortgagee rrwy advance such suma of money, including all costs, reasonable attorney's fees and other items ot eYpenae as it deems necessary_ Mortgagee shall be the sole judge uf the legality, validity and priority of any such claim, lien, encumbrance, tax, asses4ment 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 payment, which delay may result in any additional interest, costs, charges, expenses or othemise. k 10. Mortgagor will ~y to MortRaqee, immediately and without demand, all sums of money advani-ed by Mortgagee ; to pmtect the security hereof pursuant to this 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 s Florida, and all such sumR and interest thereon shall he secured herebv_ 11. All sums of money secvred hereby shall be ~~yable without any relief whatever from any. ~~aluation or appnise- ~ ment laws. } 12_ If de(ault t?e made in ~~ayment of any insfulment of ~rinci H-~1 or interest of the Note or an s 1 I y ~~art thereo( when ' due, or in payment, when due, or any other sum secured hereby, or in E~ertormance of any of Mortgagor's obliqations, coven- ~ anta or agreements hernunder, all of the indebtedness secured hereby shall t?ecome and be immediately due and payable aYthe ~ . option of Mortgagee, without notice or demand whic•h are hereby expres.gly waived, in v?hich event Mortgagee may a~~ail itself ~ of 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 MortgaRor shall pay all costs, charges and expenses thereo(, ineluding a reasonab{e attorney's fee, ; including all such costs, expenses and attorney's fees tor any retrial, rehenring or appeals. The 5ndebtedness secured hereby q shall bear interest at the highest lawful rate o( interest per annum in ihe State of Florida from and after the date of :inp ` such de(ault of Mortgagor_ If the Note provides for instalment payments, lhe Mortgagee may, al its o~tion, collect a late ~ charge not to exceed lwo centa for each one dollar not paid to the Mort~tagee when due, to reimburse the MortgaRee (or ~ expenses in collec~ting and servicinR such instalment ~h~yments. ~ 13. If default he made in ~~yment, when due, of any indebtedness secured herehy, or in {~erforman~•e of aoy of = Morigagor'a obligations, covenants or aRreement hereunder: (a) MortgaRee is authorized at any time, without notice, in it6 sole discretion to enter a~~on and take Ewssession of the Mortgaged Property or any part thereof, to ~~er(orm any acts blortRagee deems necessary or proper to ronserve the _ tecurity and to collect and receive al) rents, issues and pro(itg thereof, including those past due as well as those acrruing ; thereatter; and _ ~ Ib) Mortqagee shall I~e entitled, as matter of strict right, without notice and ez~rte, and without regard to the value or occupancy ot the security, or the solven~•y of Mortgagor, or the adequacy ot the Mortgaged Properly as security for the Note, to have a receiver appointed to enter upon and take pos,geasion ot the Mortgaged Property, collect the rents and profits thernfrom and apply the seme as the court may direct, auch receiver to have all the righta and powers permitted under the laws of Flurida. ~ In either such case, Mortgagee or the receiver may also take posseseion ot, and for these purposes use, any and all peraonal property which is a part of the Mortgaged Pro~~erty and used by Mortgagor in the rental or leasing thereof or ~ any part thereof. The expense (including receiver's fees, counsel fees, costs and agent's compensation) incurred pursuant . ~ to the powere herein contained ahall be secured hernby_ Mortgagee ahall (atter paymertt of all coata and e:penses incurredl ~ a' s,• : ~ F oGK 308 ~a~~ 8 ~ ~ ~ ~ : . ~ ~ . . _ _ _ _