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HomeMy WebLinkAbout0489 - • f,~~c~ aptly such rants, issues and profits received by it nn the indebtednessg secured hereby in such onler as Murtguge•e• deter- mines. 1'he right to enter :end take Ixe`vession of the Mortgaged Pmlx•Hy, to m:uu+ge and ofrerate the s:+me, and !o collHCt the rents, issues and pmlits thenwf, whether 1?y a receiver or otherwise, iJ+all !?e cumulative to any other right or rnmEdy hereunder or a:tfordecl by hr.v, :+nd may Ire exercised concurrently therewith or indel?endently thereof. Mortgagee shall be liable to account only for such mots, issues and profits uetually reErived by Alortgugee. 14. If the indeMEdnesa se~c•und herby is now or hereafter further secured by chattel mortgages, security interests, financing statements, pledges, contracts of guaranty, assignments of leases, or other securities, or it the Mortgaged l m- t?etly hereby encumlx red consists of more than one lu+n•el of real pn?l?erty, Mortgagee may at its option exhaust any one or more of said securities :end security hereunder, or such Ix+rcels of the serurity hereunder, either concurrently or inde- Imndently, and in such order us it may determine. 15. This Mortgage shall secure not only existing indebtedness, but also such future advances, whMher such advances are obligatory or to 1?e made ut the upiion of I?lortgagee, or otherwise, as are made within twenty i2t)) years !rom the date hereof, to the some extent as if such future advanEes were made on the dote of the execution of this Mortgage, but such seE•ur+ed indebtedness shall nut ext•eed at any time the maximum princil>i+l amount of ~ n/a plus interest, and any disbursements made for the Iwyment of taxes, levies, or insurmce, on the Mortgaged 1'rolxriy, with interest on such disbursements. Any such future advances, whether obligatory or to I+e mode at the option of the Mortgagee, or otherwise, may he made either prior to or utter the due date of the Note or any other notes secured by this Mortgage. S This 111origage is given for the specific purl?ose of securing any and all indebtedness by the Mortgagor to Mortgagee Ibut iq no event shall the secured indebtedness exceed at any time the maximum principal amount set forth in this l?:rragr.+ph) in whatever manner this indebtedness may 1?e evidenced or represented, until this Mortgage is s:distied of record. All c•oven- unts :end agreements contained in this Mortgage shall he applicable to all further advances made by Mortgagee to Mortgagor under this future advance clause. 16. No delay by Mortgagee in exercising any right or remedy hereunder, or othena•ise afforded by law, shall uf~erate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. No waiver by Mortgagee of any default shall constitute a waiver of or consent to sut?sequenl defaults. No failure of Mortgagee to exercise any option herein given to ac•celer.+te maturity of the debt hereby seE•ured, no forbearance by Mortgagee 1?eforn or after the exen•ise of such option and no withdrawal or atx+ndonment of toreE•losure proceeding by Mortgagee shall 1?e taken or e•on- sirued as a waiver of its right to exen•ise such option or to at•crler.+te the maturity of the debt hereby scc•urnd by reason of any Imst, present ur future default on the ik+ri of 1Mortgagor: and, in like manner, the pmc•urnment of insurmce or the lu+y- ment of taxes or other liens or charges by Aortgagee shall not 1?e taken or construed us a waiver of its right to ac•crlerate the rrwturity of the debt hereby secured- . 17- Without affecting the liability of Mortgagor or any other person lexcept any Ixrson expressly released in writing) for Ix+yment of any indebtedness secured hereby or for {?erfonnance of any obligation contained herein, and without affect- ing the rights of Mortgagee Kith reslx•c•t to any se•c•urity not expressly released, in writing, Mortgagee may, at any time and from time to time, either Imtore or after the maturity of s:+id note, and without notice or consent: la) Release any fx•non liable fur 1?:+yment of all or any part of the indehteilnc~ss or for 1?erformant•e of any obligation. Ib? Make any agreement extendin& the tlri+e or othem~ise altering the terms of payment of all or any p:+rt n( the indebtedness, or mcxlifying or waiving any obligation, or subordinating, mtxlilying or otherwise dealing with the lien or charge hereof. Ic) Exercise or rnfrnin from exercising or waive any right htortgagE•E• may have. {d) Accept addition:+1 security of any kind. (e) Release or otherwise deal with any prol?eriy, real or f?ersonah securing the indebtedness, including all or any part of the Riurigaged Prol?erty. x (H. Any agreement hereafter made• 1?y :Mortgagor and :11ortgaKtr pursuant to this mortgage shall Ix• suf?erior to the rights of the holder of any inter•eninR lien or encumhr:+nce. I9- Mortgagor hereby w•ainrs all right of homestead exemption, if any, in the Mortgaged 1're?fxrty. 20. In the event of condemnation pre?c•E•cdings of the Mortgaged 1'mfx•rty, the award or comf?ens:rtion 1?ayable there- under is hereby assigned to and shall f?e paid to 5lurtgagee. A7urigagee shall he under no obligation to question the amount of any such award or coml?ensation and may acE•ept the s:+me in the amount in which the s:+me shall 1?e lu+id. In any such condemnation prcx•eedings; 1lurtgagee may 1?e represented by counsel selet•tEd by 5ortgagee. 'I`he proceeds of am' awanl i?r t•omt>ensation sc?_rec•eived shall, at the option of Mortgagee, either 1?e applied fo the prepayment of the Mute and at the rate of interest pmwidEd therein, reKardless of the raft' of interest payable on the award by the condemning authority, ur at the option of lfortg:rgee, sut•h award shall Ix paid ~?ver to Aortgagor for restoration of the :Mortgaged Pmf?erty. 21. If tliortgage•e, pursuant to :t construrtiun loan agn•E•ment or loan commitment made by Mortgagee with ?~lorigagor, agrees to make c•onstruetion loan advances up to the principal amount of the Nate, then ;Mortgagor hereby crovenants that it will comply with all of the terms- provisions and covenants of said construE•tion loan agreement or lo:+n commitment, w•itl diligently construct the improvements to f?e built pursu:mt to the terms thereof, all of the terms thereat which are in- _ cortx?rated herein by rnfemnt•e as though set forth fully herein and will Ixrmit no defaults to occur thereunder and if a de- fault shall uc•cur thereunder, it shall constitute a default under this Alortgage and the Note. `'2. At the option of MorigaKee, :Mortga?;or shall pr•?vide MorigagE•e with pericxlic• certified audited statements of the financial condition of Mortgagor. 23. Mortgagor represents :end warrants that i(a corl?urrtion, it is duly organized and validly existing, in gaud stand- ing under the laws of the. state of its incort?oration- has stock outstanding which has been duly and validly issued, and is qualified fo do business and is in gaud standing in the St:+te of [•'lorida• with tali fx?wer and :wthority to consummate the loan contemplated hereby::end, if a partnership, it is duly fwmc~rl and validly existing, and is fully qualified to do business in the State of 1.7orida: with full fx?wer and authority to consummate the loan c-ontemplatecl hemby. ''4. In the event any one or more u( the provisions contained in this I1lorigage or in the Note shall for any reason Ix• held to Ix, invalid, illegal or unen(prreahle in any n•stxti•t, such invalidity. illegality - or unenton•eablity shall, at the option of the Mortgagc•E•, not affect any other provisions of this MoriFage, but this Mortgage shall f?e construed as if such invalid, illegal or unenforceable tru~~isiun had never I:een contaimd herein or therein. The total interest payable pursu:nt to the Note or this Rtorigage shall not in any one year exceed the hiKhcst lawful r:de of interest in the State of Florida. 2:i. The c•ocenants :end agreements herein cont:untd shall hind and the Ixnefits and advantages shall inure to the respec•tiwe heirs, exet•utors, administrilors, successors, and assigns of the parties hereto. Wherever used, the singular numt?er shall include the plural, the plural the singular, and the use of rny gender shall Ix' applicable to all genders. All covenants, :+greements and undertakings shall. 1?e joint and sE•cerrl. In the event additional numbered covenants or fu+ra- graphs arc for convenience inserted in this ?Mortgage, such additional covenants shall f?e read and given effect as though following this covenant in concecuti~•e order. THiS IfijTitlU.'di.:1T r' .:71v ~f Sun B k of Si. ' -3- 4g~