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HomeMy WebLinkAbout0270 ~ r • ~ } ~ , ~ ~ ~ a~t ~ . ~ . i b• a~ti•ount to pay auch rhArges when due ahall hc ~~aid by Mortgugor to Mortg:igee on demand. It, hy reuiwn of uny defuull by Mortgago~ undNr any proviaion ot thia Mortgage, Alortgagee decla~es all sume aecured hereby to be due ~nd ~y~ble, A1ortg~gee muy then apply a~y tunda in aaid account ugainst Ihe entire indebtedness secured hereby. The enforceability o( the covenanta relating to taxes, ua~esamenta and insurwnce premiums herein otherwiae provided aF~all ~ot be atfected except insofer as lho~e obiigationa have been met by compliunce with thia parag~aph. Mortgegee may from lime to time al ita option waive, and after any such waiver reinstate, uny or till provisiuns hereot requiring auch de~~osita, by notice to Morigagor in writing. While any auch waive~ is in e(fect, 111ortgagor shall Ewy lnxea, axaesa~nents and inaurance premiums ua herei~ elsewhe~e pmvided. 4. To promptly pay al) ta:es and iissessments nssesscKi or levied under and by viriue ot uny state, teden~l, or municipnl ; Inw or regulation hereafter paasced, nguinst Mortgagee u~~on this Mortgage or the debt hereby secured, or upun ita interest ~ under this Mortgage, provided however, that the totul umount so ~xiid for any such taxea purxuant to this Ewragraph togeth- er with the interest pAyable on said indebtednE~trs shull no1 exceed the highest lav?ful rate ot i~terest in FloridA and providecl further thal in the event ot the puas:~ge of any such law or mgulntion im{wsing a tiix or ussessment against Mortgugee up- on this Mortgage or the debt aecund hereby, thut the entire indebtednese aecurcd by this Mortgage shnll thereupon be- rome immediutely due and payuble at the option of Morigagee. 5. To keep the Mortguged Pmperty insured againsl loss or damuge by (ire, and all perita insured againat by an ex- trnded coverAge endoraement, and such other risks and perils as Mortgngee in its discretian may require. The policy or policies ot auch insurance ahall be in the form in general use trom time to time i~ the locality in which the Mortg:~ged Property ia situated, shall be in auch amount as Mortgagee may reasonably require, ahall be iasued hy a company or ~ companies approved hy Mortgagee, nnd ahall contain n standard mortgagee clauae with loss payable to Morigagee. When- ever required by Mortgagee, such policies, shall he delivered immediately to and held by I~torigagee. Any and al! amounts received by Mortgagee under ~ny of auch policies may !~e upplied by Mortgagee on the indebledness secun~i hereby in such manner as Mortgagee may, in its sole discretion, elect or. ~t the option o( Mortgagee, the entire amount so received or any part thereof may be released. Neither ihe applicalion nor !he release of nny such amounta shall cure or waive any detault. Upon exercise o( the power ot sale given in this Mortgage or other t~cquisition of !he MortKaged PropeHy or any part there- ~ of by Mort(tngce, such policies shall become the alieotute property ot MortRnQee. ` 6. To (irat obtain the wrillen consent of Mohgngee, sunc ~onsent to be Rranled or withheld :~t the sole discretion o( : Mortgagee, betore (a) removing or demolishing any building now or hereatter. emcted on the premises, lb) altering the ` arrangement, design or atruMural character thereof, (c) makinq any repaira which invol~•e the removal o( structural ~irts or the e:posure of the interior of such building to the elements, (d) cutting or removing or permittinR the cutting ~nd rn- moval of any trees or timber on the Mortgaged Pro~mrty, Ie) removing or exchanging any tangible ~~ersonal property which is part ot the Mortgaged Property, or (f) enterinR into or modityinR any leases of the 1liortgagcKl Ym~~erty. 7. To maintain the Mortgaged Property in guod condition and repair, includinR but not limited to the making o( such repairs .is Mortgagee mny from time to time determine to F?e necessary tor the preserva~tion of the 1liortRaged Property :~nd to not commit or permit any waste thereof_ 8. To comply with all laws, ordinances, mgul.~tions, ~~ovem.~nls, i•ondilions anc! restri~•tions aftec•tinR the MortRaRc~l Property, and not to suffer or permit ~ny violation thereof. 9. If Mortg:~gor tails to ~~:ry :~ny claim, lien or encumbran~r which is su~~erior to (his MoHRaRe, or when due, any tax or as.gessment or insurance premium, or to keep thP MortRaged Property in re~k-~ir, or shall commit or ~~ermit waste, or i! there be commenced any action or ~~r«•eedin~ :dfecting the Mortgaged Yro~~erty or the title Ihereto, or the interest o( Mortgagee therein, including, but not limited to, eminent dom:~in and b:~nkruptcy or reorganization proceedings, then Mortgagee, nt its option,.may pay said claim, lien, encumbrance, tax, assessment or pTemium, with right of subroRation thereunder, may make such reEwirs and take such steE~s as it deems advisable to pre~ent or cure suc6 waste, and may appear in any such action or praeeding and retain ~Y?unsel therrin, and take surh action therein as MortgaRee deems ad- ~ visable, and for any of such purposes Morigagee may adv:~nce such sums ot money, including all costs, rnasonable attorney's ~ fees and other items of expense as it deems necess~iry. MortRagee shall he the sole judge of the legality, validity and priority : of any such claim, lien, encumbrance, taY, assessment and premium and of the amount ncr•e~ry to be ~~aid in satisfaction thereot. Mortgagee sh:~ll not be held accountable for .iny delay in making any such ~k~yment, which delay may result in any additional interest, costs. cFwrges, ex~~enses or otherwise. ; 10. Mortgagor will ~my to Mort~aRee, immediately and wilhout demand, ~U suma of money advanred by MortRaRee ' to protect the security hereof pursuant tu this Mortgage, ineluding all costs, reasonable attorney's lees and other items of ~ expense, together with interest on each such advancement ~t the hiRhest I~wtu) rate of intemst per annum in the State of ~ Florida, and all such sums ~nd interest thereon shall :~e secured hereby. y 11. All sums of money ~•ured herehy shall i?e payahle witho~t any reliet whatever from :~ny ~~aluation or appraisc~- _ ~ ment laws. 12. If de(ault be made in ~h~yment of any inst:ilment o( prini•ipal or interc~t ot lhe Note or ~ny paH thereot when due, or in payment, when due, or any other sum s~cvred hrreby, or in ~~erformance of any of 1~lortgagor's obligations, coven- ants or uRreements hereunder, all of the indebtedness secured hereby shal) become :ind be immediately due and ~~ayable at the option of MoHgagee, without notic-e or demand which are hereby expres4ly waived, in w•hich event Mortgagee may avail itself of all rights and rnmedies, at law or in equily, and this MortgaRe may be foreclosed with all rights and remedies afforded by Ihe laws of Florida and MortQaRor shall ~iy all ~•osts, charges .~nd ex~~nses thereo(, includinq a reasonable attorney's fee, including all such costs, e:~~enses and altorney's fees for any retrial, rehearinR or appeals. The indebtedness secured hereby shall bear interest at the hiRhest lawful rate of interest ~~er annum in the State ot Florida fmm and atter the date of any such default o( Mortgagor. If the Note provides for instalment paymenfs, the Mortqagee may. at its option, collect a late charge not to exce~l two crnts for each one dollar not paid to the MortQ:~Ree when due, to reimburse the MortRaRee for ex~~enses in collectinR and sen~i~•inR such inst;~lmrnt payments ~ 13. I( default t?e rr~ide in payment, w~hen due, of :~ny indebtecfneas sec~~red hereby, or in ~~erforman~•e o( any ot ~ MortQaRor's obligations, ~-ovenants or aKreement hereunder ~ (a) 1~lorigaRee is :wthorized at any time, without notice, in its sole disc•reti~n to enter upon and t:~ke ~~ossession o( ; ~ the A4ortgaRed Property or any ~~rt thereo(, to {~erform any acts Morigagee deems necessary or proper to consen•e the ~ security and to collec•t and receive all rents, issues and profits thereot, in~luding those past due as well ~s those acrruinR therea(ter; and ~ Ib) 111ortgaRee shall F~e entitled, as a matter of strict right, without notice and exparte, and without' reRard to the ~ value or occupancy ot the securety, or the solvenc~y ot btortgagor, or the adeyuacy of the Mortgaged PropeHy as security for ~ the Note, to have a receiver appointed to enter u~>on and tnke pos.4ession of the MortRaged Property, rnllect the mnts and : ~ pmfits there(rom and apply the ~me as the c-ourt may dirnct, such receiver to have al) the riqhta nnd powers permitted ~ under the I~ws of Florida. ~ In either such case, 141ortRagee or the receiver m:~y also lake possess~on o(, and (or these pur~?ses use, any and all ~ personal property which is a part of the Mortgaged Pro~~erty and used by Mortgaqor 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 powera herein contained shall be secured hereby. htortgagee ahall (atter payment ot all coata and e:penses incurred) ~ -2- ~ ~ I ~ ?6~ ,