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HomeMy WebLinkAbout1597 ei 't'•, account to pay such charges when due shalt tr• paid by Murig:?gor to Rfurtgagrv un demand. If, 1,}• m:?sun of :?ny default by Mortgagor under any provision of this Mortgage, Mortgagr•e• dcclan•s .~11 sums secured hen•by to I,c• duc• and p:?yable, Mortgagee may then apply any funds in s:ud accouni against fhe entitt! iridehti•cinc•~ ~c•ur•ed hereby. 't'he et?fr,rce:?1lility r,t the cuvenunts rotating to 4+xrs, assr:~menls ar?d insur.?nre premiums herein otherwise pmvidt.•d shall not he uffee•ted except inyofur as those obligations have Ix>e>n met by rompliant•e with this I,an+graph. Mortgagoc> may from lime to time at its ol?tion wtlive, :+nd r?Iter any such waiver reinstate. any ur all provisions hereof mctuiring such ddxsits, 1?y notice: lu Mortgagor in writing. While any such waiver is in effect, Mortgagor shall I,:+y taxe•s, ;?sscssrnents and insurance premiums ar+ heroin rlsewhem provided. -t. To promptly pay all taxer: and ussr•smm~ts aast•ssr•ri ur levied under and by virtue of :u?y state, (eder.?1, ur munic•if,id law or mgulation hen•after {,:?ssrd, against Mortg:+gr•e• upc,n this Mortgage or fhe de•l,t hen•by sec•und, or ufwn its intens1 under this Mortgage, provided however, shut the total amount u, paid for any such taxes pursuant to this Ix+r.+Kraph togeth- er with the interrsl 1>i?yable on s:+id indehte•dne~s shall not excer>d the highest lawful r:?te of inten>st in IQlorida and provided further that in the event of the I,:+ss:+ge of any such law or n•gulation imlwsing a tax or :~ues~ment :+gainst Murtgage•e up- on this Mortgage or the debt se<•urcd hereby, that the entire indebte>tlness sr>c•urr•r) I,y Ibis Mortgage shall themul?on t,e- - carne immediately due and Ix?yable at the option of 141urtgage.>e. 5. To keep the Mortgaged Pml,erty insured against loss or damage by fire ;old :dl (x>rils insured against by an ex- - tended r•oyerage endorsement, :u?d such other risks and (x•rils as Mortgagdc> in its discmtion may require. The Ixdicy ur t,olicies of such insurance sluell he in the form in general use from time to time in the lor;?lity in which the lllortQaged Prol,erly is situated, shall he in such :?mount as Mortgagr•e• may reasonably mquire,. shad) t,e• issued by a coml,:?ny or r•oml?:+nies appmve>d t?y R1orlgagrr, :rod shall contain a stapdarct murlgagr•e> clause' with los.4 payable to Mortgagee. When- ever required by Mortg:?ge>e, sur•h I,ulicies, shall i,r• delivered immediately to and held by Mortgagee. Any and all amounts n>rrived by Mortgagee under am• of such Ix,lic•ies may Ire applied by \lortgagee on the indebtedness ser•ured herrhv in such manner as Mortgagr>c• may, in its sore disr•ntion, elee•t ur, at fhe• option of Mortgage>r•, the entire amount so reerivcd or anv tart thereof may l?r mlcase•d. ltieilher the application nor the n•Ieasr> of any such :+mounts sh:?11 cure or waive any default. • f~fx,n exr•n•ise of the I,owr•r of s:de given in this Mortgage or other acquisition of the hlorig:?ged Ym(x•rty or any 1,:?rt then•- uf by Mortgagee, such Ix,licies shall ix>r•ome the absolute pmlx•r1y of Mortgagee. - 6- To first obtain the written consent of Mortgagee', such cunse•nt to I,e• Rrantr•cl or withheld at the rule discn•tiun of \lurtgagre, Ix(ure la) removing or demolishing any building now ur hereafte•r erertr-rf on thr• pn•nusr•s, 161 altering thr• arrangentrnt, design or structure) r•l+:?rac•te•r then•of, 1<•) making any retmirs which involve the n•moval of strurtur-.el p:erts ur the exf?osun• of the interior of such building to the elements, tdl ruttinK ur rrn?oving ur (x`rmitting the cutting and re- nu,~•al of any tre'e's or timt,er on the Mortgaged l'rofx>rly, ref n•nn,cing ur exchanging any t:u?gil,le 1?ersunal 1?n?Ix•rty which is Hart of the Mortgagedd Yro(wrty, ur (fl entering into or modifying am• le:?sr•s of the ?4lurtgagc>d 1'rutx•rty. 7- '1'u maintain the Alortgagrd 1'n,lx•rty to gr,uri r•r,nditiun and mpair, including but not hmitc•d to the making of such n•pu?rs :?s Mortgagee n?ay fn,m time to time deh•rmine to Ix> ne•r•esx:+ry fur the pressers:+tiun of fhe• Mortgaged Yn,perty :?nd to nut cutnmit ur permit and waste then•uf. - ti. 'I'u comph• with all L•?w:c, ordinanre•+• re•gulatiuns. covenants, rr.nditiuns and mstrictions affecting the Mortgaged Propt•rly, and nut •to suffer or permit any violation then•uf 4. If !1lorteagur L•+ils to pay any claim, lien ur encumhranre which is suta•riur to thi.: \lortgaRe• or when dur•, :u»- tax or nti•;r•~nler+.t nr inYar.?n:•e• t?rer*linm• o!• tr? keep the Mort:;:+Ke•el Prupe-rty u? ny?:?ir, or shall commit or tx•rmit waste, or if there I,e rommr•nced any action or pn?t•ee•rfing affecting the Mortgaged 1'm(x•rty or the title thereto, or the interest of 1lortg:ege-e ibrre+n, tnr•lud+ng, fiat nut limrtcd tu, em??ren! dom:nn :lnd (c?nkn?ptcy or reorganization pnx•eeclings, then :~lorlgagee, at its option, may I,:+y s:+id claim, lien, encumhranre, tax, as•Re•ssment or premium, with right of suhmgatior. thereunder, may make such repairs and take such steps as it dr>e>ms advis:+ble to pmyent or cure sw•h waste>, and m:+v appear in any such action or prrx•r>r•eiing and retain rounset therein. and t:?kr• such :u•tion therein as ~lurtgage>e• dr•e•ms ad- s•is:?ble, :rod for any of such purlx>u•s Rortgagee may arlvanre such Burns of munr•y, including :+11 costs, reasonable attorneys fee's and other items of exfx•nse• as it deems necess:?n•. R1ortK:,Kr•r• shall he• the sole judge of the legality, validity and priority - ol :Inv xuru t•GUU,, ucu, rm um:.i,; i.:7, . _ ..t rt,..:.monnt ner•c~cv?ro to Ix> u:+id in s:+tisfactiun then•of- hlortgage•e shall nut fx• held accuuntaLle for any delay in making :uiy such p:+}•mcnt. which delay may result in anv additional inten•st, costs, rharge;v, r•xflr•rsr~s ur athenvisc. Ill. Mortgagor will pay to \lortgage•e. imnu•diatc•ly and without demand, aN Burns of money advanced by Mortgagee to pmte>e•! the. ser•urity hereof pursuant to this Mortgage, including all costs, rr:?sr,nable attorney's fees and other items of expense, together with interest on each such advancement at the highest lawful rate of inten•st fx•r annurn in fhe• State of 1•'lorida, and all such sums and inten•st then•on shall I,e serurcd herc•hc. il. All suns of money secured hen•I,y shall f,r• payable without any reliel whatese•r from anp valuation or :?ppraise• n?ent laws. 1?. If deL•wlt I,e made in payment of :uly instalment of t,nn:ipal or interest of the Nolr• or any part then•r,t when due, or in p:+yment, when due, or am• other sum secured hen>bv, or in tx•rtormance of any of Jlortgagor•s obligations, coyen- •?nts or agreements hereunder, :dl of the indehte•dnes se•cund hereby shall become and tw immediately due and payable at the option of Mortgagee, without noti+•e or demand which are hereby expressly waiyeei, in which event Mortgagee may avail itself of all rights and remedies, at law or in equity, and this Aortgage• may I,e furer•losed with all rights and remedir~ affordr•cf by the laws of 1•'lorida and Mortgagor shall p:+y al! costs, charge's and exlx>nses therev,l, including a reasonable attorney's te•e, including all such rr~,ts, exlx•nse•!r and attorney's fe•r•s (or any retrial, n•hearing or ap{,eats- The indebtedness se>e•ured hereby shall bear interest at the highest lawful rate of interest per annum in the State of Florida from and after the d:?te of :+rn• such default r:f Mortgagor. 1( the Dote provides for instalment payments, the Mortgagee may, at its option, collt>c•t a late charge not to exre•eri two cents for each one dollar nut paid to the RiortKaKer• when due, to rrimhurst• the Mortgagee for ex(x>nse•s in collecting and sen•icing such imt:?Iment paynx•nts t3. if dr•lault t~e• made in payment, when due, of any indehl?dness sr>cun•d hereby, or in fxvformance of any of Afortgagor•s obligations, covenants or agre•e•ment hemunde•r: fat Mortgagee is authorized at any Ume, without notice, in its sale rliw•retiun to enter ulx,n :+nd take txrsrssion of the Aiurtgaged Property or :my part the're'of, to 1?e•rform any arts 11urlRagrr• deems neress:+ry or prol,er to consene the security and to coller•t and rece•ivr' all rent:, issues and profit: the•reul, including those past dur• as welt as those accruing thereafter. and Ih1 Mortgagee shall tx> entitled, as a matter of strict right, without notice and exparte, and without regard to fhe• value or rx•cupancy of the security, or the snla•enry of ~lortgagnr, or the adequacy of fhe• Mortgaged Pmpc•rty as security for the Note. to have a receiver apl,ointed to enter ufx,n and take posst•ssiun of the Rtorlgaged Pmlx>rty, collect the rents and profits then>from and apply the same as the court may dire>c•t, such rer-elver to have all the rights and powers permitted under the L•?ws of Florida. In either such rase, Mortgagee ur the receiver may also take 1?.?ssa•ssion nf, and for these purfx,st~ use, any and all personal property which is a part of the liortgagrd Prolx>rty and used by Mortgagor in the rental or leasing thereN,f or any part then•o(. The ex(x>nse tincluding reeriver•s fees, counsel fees, costs and agent's coml,ensationl incurred pursuant ro the powers herein contained shall i,e secured hereby. Rortgagee shall fatter payment of all costs and expenses incurredi -2-