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HomeMy WebLinkAbout2388 • ti :recount to 1)ay such ?•h:?ryCe~wtien due s~?afl 1~ fu?id by Martgugur to Mortgagee un demand. !t, by m:?sun of any det:u?It by Aiortg:rgor under any provision of this Mortgage, Mortgagee dec•lurrs all sums second hereby to he due and I,:ryable, Mortgagor nu?y then apply any funds in said ucc•ount against the entire indebtedness secured hereby. The enforceability of the covenants rnlating to taxes, assessments and insur?mr premiums herein otherwise provided shall not be utfec•ted except ir?sof:u :rs those uhligations hove IKren met by compliance with this {mr:?graph. I1lorlgagre may form time to time at its option wai?r, and :?tter any such waiver reinst:?te, any or all provisions hen•ot requiring such drfwsits, by notice to Mortgagor in writing. While any such waiver is in effect, Mortgagor shall fury taxes, assessments and insurrnce premiums as herein elszwhere provided. 4. To promptly fx?y all tuxes and usves•:menta assessed or levied under and by virtue of any state, ti~deral, or municif>id law or regulation hem:?fter fxrased, against A4urtgagc•e ufwn this Mortgage or the debt hereby secured, at ufwn its interest under this Mortgage, provided however, that the total amount so }x?id for any such taxes pursu:?nt to thi.4 }x?ragraph togeth- er with the interest fx?yable on s:?id indebtedness shall nut exceed the highest lawful rate of interest in Florida and provided further that in the event at the }x?s;:?ge of any surh law or regulation imfwsing a tax or assessment against 1lfortgagor up- on this Mortgage or the debt secured heretiv, them the entire indebtednr:g4 secured by this Mortgagt• shall thereufwn (x•- ruu?e immediately due and }x?yul?le at the option of Mortgagee. 5. To keep the Mortgaged Property insured against loss or damage by tiro, and all Ix•rils insured against by an ex• tended ?•overage endor•srme•nt, and such other risks and },evils us Mortgagee in its discretion may requirn. The fwliry or twlic•ies ut such insurun~r shall Ire in the form in general use fmm time to time in the icrc•:?tity in which the 111ortg:rge•d Pmfxrty is situulecl, shall t,e in such amount as 111ortgagec• miry rnasonably require, shall 1)e issued 1>_y a com}mny or romf):rnies approved 1>_v Mortgagee, and shall contain standard mortgagee clause with los.4 I,:ryable to Mortgagee. ~Vhen- ever required by Mortgagor, such fwlicies, shall Ire delivered immediately to and held by Iortgagor- Any and alt amounts received by Mortgagee under any of such policies may t,e applied by Mortgagee on the indebtedness secured hernhy in surh manner as Mortgagee may, in its sole discretion, elect ar, at the option of Mortgagee, the entire amount so rec•eiced or any t?:rrt thereof may I)e released. Neither the application nor the rniease of any such amc,unis shall cure or waive nny default. ufwn exercise of the fwwer of srle given in this Mortgage or other acquisition of the Mortg:?ged Property or any fxrrt thern- of by Mortgagee, such }wlicies shall I,ecrome the absolute property of Mortgagee. , 6. To first obtain the written n)nsent of Mortgagee, such consent to tee grrnicd or withheld at the srrle• disc•n•tion ul Mortgagee, lecture la) removing or demolishing any building now or hereafter erc•c•tcd on the pn•mice•s, Ib) offering the urrrngement, design or structural charrcter thereat, Ic1 making any rnfx?irrr which involve the removal of structural fx?rts ur the exfwsurn of the interior of such building to the elements, Id1 cutting ar rnmaving or f)ermitling the cutting and re- moval of any trees or timber on the Mortgaged Pmf)erly, le) removing or exchanging any fungible })ersonal property which is f);?rt of the Mortgaged Prof)erly, or (f1 entering into or mrrdifying any (eases of the Mortgaged Pmf)erly. 7. '1'o maintain the Mortgaged Property in goad condition and repair, including but not limited to the rn:rking of such refxrirs :u Afurtgagre miry from time to time determine to tee necessary for the presen•ation ut the Mortgaged Pn)}rerty and to not commit or fxrmit any waste thereof. R. 'Ib comply with all laws, ordinances, n•gulations, covenants, conditions :and mstrirtiuns atfc•c•ting the Mortgaged Pmfx•rh, and nut to suffer or f~ermit any violation thereof. `1. If Mortgagor L•rils to pay any claim, lien or encumbrance ..°hir•h is suf,r•rior to this \turtgagr•, ur w•hr•n due, any tax or ;rstiescment or insurrnce premium, or to keep the Mortgaged Pmfx•rt>• in n•pair, or shall commit or fre:mit waste, or it there Ire commenced any action or prcx•eeding atfec•ting the Rlortgagc•d Ym}x•rty or the title thernto, ur the interest of Mortgagee therein, including, but not limited to, eminent domain and t,:?nkrvptcy or reorg:?niu?tion prnc•ecdings, then ]1ortgagor, at its option, may f):ry said claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and take surh stein as it dorms advis:?ble to prevent ur corn surh waste, and may :q)}war in any surh action ar proc•cr•ding and retain rounsc•1 therein, and take surh action then•in as \fortgagcr dc•e•ms ad- vis:?ble, and [or any of such purfws<s Mortgagor may advance such sums of money, including all costs, reasonable attorney's fees and other items of exfx•nsc• as it deems ner•ess:rry. Mortgagor shall 1rc the sole judge of the legality, validity and priority of any surh maim, lien, encumbrrnce, hrz, ascessn?ent and premium and of the amount nec•esc:?ry to I,e paid in satisfaction thereof. \1ortg:?gcv shall not Ix• held account:d,le for any delay in marking any surh payment, which delay may result in any addition:d interest, costs, charges, exfx•nses or othenvise•. 10. Mortgagor will pay to Mortgagee, immediateh• and without dem.?nd, all sums of money adcunred by Mortgagee, to protect the se•e•urity hereof pursuant to this Mortgage, including all costs, rc.rsonaMe attorney's fees and other items of exf)ense, together with interest on each surh advancement at the highest lawful rate of interest pe•r annum in the State of 1•'lorida, and :ell such sums :end interest then•on shall Ire se.•un•d hereby. 11. X11 sums of money se•cun•d hereby shall Ire, payable without any n•tie•I whatever from any valuation or appraise- nwnt laws 12. It dc•lault Ire made in payment of any instalment of principal or interest of the: Nate or any part there•ot when due, or in fx?yment, when due, or any other sum sc•c•ured hereby, or in f)erformance of any of Mortgagor's obligations, coven- ants or agreements hereunder, all of the indebtedne~cc secured hereby shall became and he immediately due and payable at the option of ~lortgagtr, without notice or demand which arc hereby expressly waived, in which event Mortgagee miry await itself of all rights and remedies, at law or in equity, and this Mortgage may Ire foreclosed with all rights and remedies afforded by the Lew•s of Florida and Mortgagor shall pay :dl rusts, charges and exfenses thereat, including a reasonable attorney's te•c•, including all surh rusts, exfx nses and attorne•y's tees fur any retrial, rehearing or ap})eals. The indebtedness secured hereby shall bear interest at the highest lawful rate of interest Irer annum in the State of Florida fmm and after the date of any surh default of Mortgagor. If the Note provides for instalment payments, the Rfortg:rg~' may, at its option, collect late charge not to excee•cf tw•o cents for each one dollar nut paid to the Afortg:rge'e' when due- to re•imhurse the !~lortgagec• for cx}x•nsc•s in collecting and servicing surh instalment payments. 13. If dcdautt I,e• made in payment, when due, of any indebtedness secured hereby, or in t)er[urmance of any ut ~lurtg:rgor s obligations, covenants or agreement hereunder. lal Alortgager is authorized al any time, without notice, in its sole disc•mtion to enter ufwn and take Iw~u•ssion of the ~lortgage•d Protx•rty or any part thereof, to fx•rform :my arts 1ortgagee deems necessary or pmf)er to e•onsen•e the security and to collect and receive all mots, i~eues and profits then•of, including those past due as well :es those, accruing thereafter. and Ib1 Mortgagee shall Ire entitled, as a matter of strict right, without notice and exparte, and without regard to thc• value or ex•rupanry of the security. or the solvency of Mortgagor, or the adequacy of the Mortgaged Profx•rty as security fur the Note, to have a receiver ap}winted to enter ufwn and take }wsses4ion of the 1\tortgaged Pmf)erly, e•ollce•t the rents and profits therefrom and apply the same as the court may dirne-t, such receiver to have all the rights and fx)wers permitted under the laws of I•'lorida, In either surh case, Mortgagee or the mreicer may also take }wsussion of, -and for these pur?wses use, any and all }x•rsunal profrerty which is a part of the Mortgaged Prof)erty and used by Mortgagor in the rental or leasing thereof or any part thereof. The exf)ense (including rer•eiver's fees, counsel fees, costs and agent's com})ensation) incurred pursuant to the fwwers herein contaiaecl shall be secured hereby. blortgaQee shall latter f)ayment of all costs and expenses incurred) -2- 319 Pa~E X376