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HomeMy WebLinkAbout1634 ; c~ 3BCTION 13.07. in the event of the passage after the date of this Mortgage of any law of the State of Florida, deducting from the value of the Mortgaged Property, for the purpose of taxation any lien thereon, or changing in any way the laws now in force for the taxation of mortgages, or debts secured thereby, for state or local purposes, or the manner of the operation of arpt such taxes so as to affect the interest of Mortgagee, then and in such event, Mortgagor shall bear and pay the full amount of such taxes, provided that if for any reason payment by Mortgagor of any such new or additional taxes would be unlawful or if the payment thereof would constitute usury or render the loan or indebted- nesssecured hereby wholly or partially usurious under any of the terms or provisiorB of the Note, or this Mortage, or otherwise Mortgagee may, at Moctgag~ee's option, declare the whole sum secured by this Mortgage, with interest thereon, to be immediately due and payable, or Mortgagee may, at Moctgag+ee's option, pay that amount or portion of such taxes as renders the loan or indebtedness secured hereby unlawful or usurious, in ~ which event Mortgagor shall concurrently therewith pay the remaiting lawful and non- t usurious portion or balance of said taxes. SECTION 13.08. This Mortgage creates a security interest in the Fixtures, contract rights, accounts and other personalty_referred to above and constitutes a Security Agreement under the Florida Uniform Commerical Code. Mortgagor agrees to pay to Mortgagee on demand all costs and expenses incurred by Mortgagee in connectioq with the preparation, execution, recording, filing and refiling of any instrument or document which Mortgagee may require in order to perfect and maintain Mortgagee's security interest under the Florida Uniform Commercial Code upon such collateral including the charges for examining title red the attorneys' fee for rendering an opinion as to the priority of this Mortgage as a valid and subsisting first lien. Such costs and expenses shall be paid with interest at the rate of fifteen percent (15916) per annum from the date of payment, and the same shall be secured by this Mortgage. Neither a request made by Mortgagee to Mortgagor to execute any instrument or document to perfect or maintain Mortgagee's security interest nor the failure of Mortgagee to make such a request shall be construed as a release of such collateral or any part thereof, from the lien of and the security interest granted by this Mortgage, it being understood and agreed that this covenant and any such security delivered to Mortgagee are cumulative and given as additional security. SECTION 13.09. Mortgagror agrees that should the Mortgaged Property at any time be or become subject to the lien of any mortgage or deed of trust in con- ~ nection with which payments on account of the indebtedness secured hereby are to be ~ made directly or indirectly by or through the mortgagee or beneficiary thereunder, re- 'f gsrdless of such mortgagee or beneficiary, the whole of the principal and interest and ~ 1 other sums hereby secured at the option of Mortgagee, shall immediately become due 1 and payable. SECTION 13.10. All moneys provided to be paid b the terms of the Note ; Y or this Mortgage shall be payable in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment. E SECTION 13.1E Except as otherwise permitted herein, Mortgagor will not, - without the written consent of Mortgagee, create or suffer to be created any security interest under the Florida Uniform Commercial Code, together with arty amendments s or supplements thereto, or other encumbrance in favor of any party other than Mortgagee, or create or suffer arty reservation of title by any such other party, with respect to any Fixtures, contract rights, accounts and other personalty referred to above or any other ~ articles or property to be used in oonneMion with the Mortgaged Property, nor shall ~ any such property be the subject matter of arty lease or other transaction whereby the ownership or any beneficial interest in any of such property is held by any person or en- tity other than Mortgagor (or Mortgagee as provided herein). All such property shall be purchased for cash or in such manner that no lien shall be created thereon except the lien of this Mortgage, unless Mortgagee shall agree in writing to the contrary before , ~ a contract to purchase any such property is executed. r ~sK -17- BOOK 315 PAC ~ E1631 E -