HomeMy WebLinkAbout2898 u.rounl tu {x~y aui•h i•harges when due shall !~e ~u~id by I?lorlgugor to Mortg~+gee o~+~~~. If, tryr~rewrois o( uny drluull
by Mortgugo~ under nny pw~~ision of thia Mor[gage, Mortg~ger declures ail sums secured hereby to be due and ~x+yut>le,
Mortgagee may the~ apply any fu~ds in said account egainst the enti~+e indebtedneas secured hereby. The en(orceahility of
the covena~ta relntina to tnxes, asee$emenla and insurunce premiums herein otherwiae prov~ded ahall not be efterted exirpt
insot~r us thwe obligations hnve been met I~y com{?liunce with thia pxragraph. Mortgsgee may from time tu time ut its
option waive, und after any such wniver reinstnte, any or All provisiona hereo! roquirinR such de~aits, by notice to
Mortg~gor in writing. While any au~•h waiver ia in effect, Mortgago~ ahull {wy ta:es, assess~ne~ts and insurunce premiuma
.~s hernin elsewhere provided.
4. To pmmptly pay all t~:es F~nd uxse~menls 3x~c~xsed or levied under und by viriue ot uny xtute, fedenil, or munic•i~xd
luw or cegulation he~eptter {x~saed, ugainst Morigagee u~x~n this Mortgage or the debt hereby secured, or upon its interest
under lhia Morigage, provided however, that lhe totai amounl so ~wid tor any such taxea purauant to thia {k~ragr.~~?h togeth-
er with the interest ~~yable on auid indebtednesa shall not exceed the higheat liiwful rate ot interest in Floridu and ~~rovided
furlher that in the event of the ~xise:+ge ot Uny such law or regulation im{x?sing a ts~x or asse~ment :?g:~inst MorlquRre up-
un this Mortgage or the debt aecured hereby, that lhe entirr indebtednesa secured by this MorigaRe shnll thernu~~on I~e-
~~me immediately due and ~yable at the option of Mortgagee.
5. To keep the Mortg~ged Property insu~ed agair?st loxs or dumage by fire, and ull Nerila insured :~g~insl by un ex-
tended coverage endoraement, and such other risks anc) perils as Mortgugee in ita disi•retion may require. The ~wlicy or
~~olicies ot such insurence ehall be in the torm in genera) use trom time to time in the locality in which the Mortg:~ged
Pro{?erty is situated, ahall 1~e in auch amount as Mortgagee may reasonably require, ahnll be issued by a comµ~ny or
companies approved by Mortgagee, and shaU ~wntuin u standard morlg.~gee clvuse with ioss ~k~yable to Mortgagee. When-
ever required by Mortg~gee, such policiea, shull 1?e delivered immedi:~tely to and held by MoHgagee. Any :ind :~II ~mounts
received by Morigagee under any oi such ~wlicies may t?e :~pplied by Mortgugee on the indebtedness sec•ured hereby in such
rrk~nner as Mortgagee may, in its sole disctetion, elect or, at the option of 14forlgagee, the entire amount so recrived or any
part thereoi may be released. Neither the application nor the release of any such nmounts shadl cure or waive any default.
Upon exemise of the power ot sale given in this Mortgage or other acquisition o( the rlortRa~ed Pro~~erty or any {~:~rt them-
of by Mortgagee, such policies shall hecome the aheolute property of Mortg.igee.
6. To (irst obtain the written consent oi liortgagee, such consent to be Rr.inted or withheld :d Ihe wle dis~•rrtion o(
Mortgagee, betore (a) removing or demolishinR any building now or hern:~(tec erec•ted on the premises, (h) alterinR thc
arrangement, design or siructural ct~aracter thereot, (c) making any re~wirs whieh imroh~e lhe remo~~al of structural p.~rt4
or the expaaure of the interior o( such building to the elementa, (d1 cutting or removing or permittinA the cuttinR and rn-
moval ot any trees or timber on the Mortgaged PmpeHy, (e1 removing or exchanging :~ny tangible personal property whi~•h
is ~~:~rt ot the Mort~aged Pro~~erly, or (t) entering into or mcxlifyinR any leases o( !he MorigaRc~ Yroperty.
7. To maintain the Mortgaged Pmperty in good condition and re~~ir, including but not limited to the makinR o( such
re{?airs us Morlgagee may (rom time to time determine /o be necess:~ry (or the ~~rnserv:~tion of the 111or1RagEd Pm~~erty :~nd
to not commit or ~~etmit any waste thereoL
8. To comply with all laws, ordinan~~es, regulations, covenants, ~•onditions and restri~•tions attc~•IinR the hlortRa~ec1
Pro~~erty, and not to su(fer or ~x+rmit ainy viol~tion thereot_
9. 1( Mortgagor tails to {u~y :~ny claim, lien or encumbrance whi~•h is su~?erior to this 1~1ortR:~Ke, ur when due, :~ny tax
or asses~ment or insurance premium, or to keep the MortRagcd Propcrty in re~k~ir, or shaU commit or ~?ermit w:~ste, or it
- there t?e commenced any :~ction or ~~roceeding :iffertinR the hforlRaqed Yro~~erty or the title thereto, or the interc~st ot
Mortqagee thernin, includinR, but not limited to, eminent dom:~in and imnkruptcy or reorKanization proceedinQs, then
, Mortgagee, :~t its o;~tion, may pay said claim, lien, encumbrancr, tax, assessment or premium, v?ith riRht of subroRation
thereunder, may make such re~~aira and take surh steps as it deems Hd~~isable to prevent or curn su~h waste, and may
appear in any such action or proceedinR and retain counsel therein, and t:~ke such a~•tion therein us 111ort~.iRee deems :~d-
~~isable, and for any of such pur~wses 11lortgagee may ad~•ance such sums of money,.including all c-asts, re.~sonnble attorney's
fees and other items o( ex~~ense :~s it deems necrss:~ry. Mort~agee shall be the sole judge nt the legality, ~~alidity and priority
I of any such claim, lien, encumbrance, tax, assessment and premium and of the amount nec~~ss:iry to i?e ~k~id in satis(action
I thereof. Mortqagee shap not be held accuuntable for any del~y in making any suc~h ~~.~yment, which delay may rc~ult in
! ciny :idditional interest, ccrsts, charges, expenses or otherwike.
I
10. Mortgagor will ~h~y to MortRaRer, immediately :~nd wifhout demand, all sums of money ad~anird by MortgaRcr
to protect lhe secvrity hereof putsuant to this 114orl~age, i~cludinR all costs, reasonable attorney's fees and other items ot
~ e:pense, together with interest on each such ad~•ancement at the hiRhest lawtul rate ot interest ~~er annum in the St~fe o(
~ Florida, and all such sum4 and intemst thernon shall he secured hemby.
~ I1. All sums ot money sc~•ured hereby sh:~ll IM ~r.ryahle withoul any relirt wh:~te~er trom :my ~:~luation nr appr.~iu~-
ment la~~s.
12_ If def:~ult be rrmde in E~:iyment of .~ny inst:iln~c•nt o( pri~~•ipa) or interest of lhe Note or any Eh~rt lhereof when
due, or in payment, when due, or any other sum secured hereby, or in ~~erforrrwnce o( any ot Mortgagor's obliqntions, co~•en-
:~nts or aRreements hereunder, all of the indebtednecs secured hereby shall t?ecome and t?e immediately due and pays~ble at the
~ option of Mortq:igee, without noti~•e or dem.ind v?hich are herei?y e:pressly w•aived, in w•hich event MortQagee may a~~ail itsa lt
~ o[ all rights and remedies, al law or in equity, and this Mortg:iRe may tie (oreclosed w•ith aU riRhts and remedies afforded by
the law•s of Florida and AtortRaKor shaU p:iy all costs, c•harges and expenses thereot, including a reasonable attorney's fee.
~ including all such costs, expenses and attorney's fees (or any retrial, rehearing or appeals. The indebtedness secured hemhy
~ shall bear interest at !he highest lawful rate of interest per annum in the State o( Florida fmm and after the date of any
~ such default oi Mortgagor. If the Note pro~~ides (or instalment payments, the MortRaRee may, at its option, collect a late
~ charge not to exceed two cents for eai•h ~~ne dollar not paid to the ~tortRaRee when due, to mimburse the Mort~aQee for
~ expenses in collectinR and srn~i~•inR such instalment payments.
~kiymt•nt, when due. ~~f any indehtednc;~s secured hc~rei~y, or in ~~erforman~•e of um~ of
~ 13. 1f default tx• made in
MortRaRor's obliQations, co~~enants or aRreement hereunder.
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~ (.i? MortgaRee is authorized At any time, without notice, in its sole discmtion to enter upon and t:~ke ~x~~gession o(
~ the 1~1ortKaged Pro~~erty or any pnrt thereo(, lo perform :~ny acts MortRaRee deems necessary or proper to consen~e the
~ security and to collec•t and receive all rentc, i~ues and protiLK thereof, includin~ those past due as well :is tho~e arc•ruinR
g thereatter: and
~ Ib) MortRagee shall he entiderl, as a mafter of strict right, without notice and exparte, and v~~ithoul reRard to the
value or occupan~y of the ~urity, or the solvenc•y o( hfortgagor, or the adequacy of the rtortgaAecl Pro~~erty as security for
~ the Note. to have a receiver ap~winted to enter u~~n and take possc~ion of the MortRaRed Property, collert the rents and
~ pmfits therefrom and apply the snme as the rnurt m:~y direct, such receiver to haye All the rights and powers permitted
a under the laws of Florida.
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~ in eilher such case, MorlRagee or the receiver may also take ~wsseasion of, and tor these purposc~s use, any and all
personal pro~~erty which i~ a part ot the MortqaRed Pro~~erty and uaed by htortRagor in the rcntal or leasing thereof or
any part thereoL The e:pense (including receiver's fees, counael fees, costa and agent'e compensation) incurred pursuant
to the powers herein rontained ehall be secured hereby. rlortRaRee ahall (after payment ot all costa and e:penses incurrect)
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