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HomeMy WebLinkAbout2389 .1 ;q,ply such rants, issues and prone received by it on the indebtedness sec•und hereby in such order as Mortg:+ger• deter- uunrs. The right to enter and take possession of the Mortgaged Prol?crly, to manage and ol?er.+te the s:une, and to collect the renis, issues and profits thereof, whether 1?y a rcY•ei+•er of otherwise, shall be cumulative to any other right or remedy hereunder or afforded by law, and may I,e exen•ised concurrently therewith or indel+endently thereof. Mortgagee sh:+ll l,c• liable to account only for such rents, issues and profits actually received by Mortgagee. 14. Tt the indebtedness secured hereby is now or hereafter further secured by chattel mortgages, sce•urity interests, financing statements, pledges, contrncts of guartmty, assignments of leases, or other securities, or if the Mortgaged Pro- I?erty hereby encuml?ered consists of mum than one lu+nei of real property, h'lortgagee nu+y at its %'.'c^^ rxti~r_±s! :•w nn~ _ or more of said securities and security hereunder, or such parcels of the security hereunder, either concurrently or inde- , pendently, and in such order as it may determine, 15. This Mortgage shall secure not only existing indebtedness, but also such future advances, whether such :+dvanc•es are obligatory or to be made at the option of Mortgagee, ar otherwise, as are made within twenty (20) years from the date hereof, to the same extent ua it such future advances were made on the date of the execution of th+s Mortgage, but such secured indebtedness shall nut exceed al any time the maximum principal amount of = N/A plus interest, and any disbursements made for the Ik+yment of taxes, levies, or insurance, on the Mortgaged Property, with interest on such disbursements. Any such future advances, whether obligatory or to 1?e made at the option of the Mortgagee, or otherwise, may t?e made either prior.to or after the due date of the Note or any other notes secured by this Mortgage. This Mortgage is given for the specific purpose of securing any and all indebtedness by the Mortgagor to Mortgagee tout in no event shall the secured indebtedness exceed at any time the maximum principal amount set forth in this (?:fr.+gr.?ph) in whatever manner this indebtedness may he evidenced or represented, until this Mortgage is s:+tisfied of record. All coven- ants and agreements contained in Chia Mortaaft shall be applicable to all further advances made by Mortgagee to Mortgagor under this future advance clause. 16. No delay by Mortgagee in exercising any ngnr or reweay ~2!a~r:~•z::^ :;r'^*a°~! tiv 1??..•. ,;hntl overate :?s 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 subsequent defaults. No failure of Mortgagere to exercise any option herein given to accelerate maturity of the debt hereby secured, no forl,earanc•e by Mortgagee t?efore or after the exercise of such option and no withdrawal or shandonment of foreclosure proceeding by I1lortgagee sh:+Il t?e taken or con- strued as a waiver of its right to exercise such option or to accelerate the maturity of the debt hereby secured by mason of any bast, present or future default on the Imrt of Mortgagor: and, in like manner, the procurement of insurance or the 1?:ry- ment of taxes or other liens or charges by Mortgagee shall not !,e taken or construed as a waiver of its right to acc•t•lerde the rrwturity of the debt hereby secured. 17. Without affecting the liability of Mortgagor or :+ny other person (except any person expressly released in writing) tot payment of any indebtedness secured hereby or for performance of any obligation contained herein, and without :+(ft>e•t- ing the rights of Mortgagee with resl?ec•t to any se>c•urity not expressly released in writing, Mortgagee may, at any time and from time to time, either f?efore or after the maturely of said note, and without notice or consent: (a) Rele:+se any f?erson liable for Ix+yment of all or any facet of the indebtedness or for l,erformancr of any obligation. (b) Make any agreement extending the time or otherwise altering the terms of I?:+yment of all or any part of the indebtedness, or modifying or waiving any obligation, or suhorclinaling, modifying or otherwise dealing with the lien or charge hereof. Ic? Exercise or refr.+in from exencising or waive any right MortgageY• may have. Id) Accept addition, security of any kind. (e) Release or othenvise deal with any prol?erty, real or 1?ersonai, securing the indebtedness, including al! or any part of the Mortgaged Property. 1K. Any agreement herealter made 1?y Tortgagor and Mortgagee pursuant to this mort{t:+ge sh::Il I?e superior to the rights of the holder of any inten•ening lien or encumbrnnc•e. 19. 114ortgagor hereby waives all right of homestead exemption, if any, in the Mortgaged Prolx•rly. 20. In the event of condemnation proceedings of the Mortgaged Prolxrty, the award or c•oml,ens:+tion payable there- under is hereby assigned to and shall t,c paid to Mortgagee. !Mortgagee shall he under no obligation to question the amount of any such award or compensation and may accept the s:+me in the amount in which the same shall F,e In~id. In any such condemnation pra-eedings, llfortgagee may I?e represented try counsel selected by Mortgagee. The prcxeeds of any :?ward or c»mpensation so received shall, at the option of Mortgagee, either t?e applied to the prep:+yment of the Note and at the rde of interest provided therein, regardless of the rele of interest payable on the award by the condemning authority, or at the option of Mortgagee, such award shall Ix• paid over lu A•iortgagor for restoration of the 14tortgaged Property. 21. If Mortgagee, pursuant to a construction lo:+n ugreen+ent or loan commitment made by Mortgagee with Mortgagor, agrees to make construction loan adv:u+ces up. to the princit?:d amount of the Note, then Mortgagor hereby covenants that it +vill comply with all of the terms, provisions and covenants of s:+id construction lo:+n agreement or la+n commitment, will diiigentfy construct the impro+•ements to 1?e built pursuant to the terms thereof, all of the terms thereof which are in- rorporaled herein by reference as though set forth fully herein and will t,ermit no defaults to occur thereunder and if a de- fault shall occur thereunder, it shall constitute a default under this tlfortgage and the Note. 2'>. At the option of Mortgagee, Mortgagor shall pm+•ide Mortgagee with periodic certified audited statements of the financial c•ondili~n of Mortgagor. 23. Mortgagor represents and warrants that if a corfx?r.+tion, it is duly organized and validly existing, in good stand- ing under the laws of the slate of ifs inc•orpordion, has stc?c•k outstanding which has been duly and validly issued, and is qualified to do business and is in good standing in the Slate of Florida, with full Bower and authority to consummate the k,:+n contemplated hereby: and, it a f,:+rtnership, it is duly formed and validly existing, and is fully qualified to do business in the State of Florida: with full power and authority !o consummate the loan contemplated herehy- 24. In the event any one or more of the provisions contained in this Mortgage or in the Note shall for any reason I,e held to t,e invalid, illegal or unen(oneaide in any restxct, such invalidity, illegality or unenforc•eabfity shall, at the option of the Mortgagee, nat affect any ether provisions of this Mortgage, but this Mortgage shall t?e construed as if such in+:+lid, illegal or unenforceable provision had never been contained herein or therein. The total interest payable pursuant to the Note or this Mortgage shall not in am• one year exceed the highest lawful ride of interest in the State of Florida. '25. The covenants and agreements herein contained shall bind and the t?enefits and xdvantagew shall inure to the resf,e>c•live heirs, exex•utors, administr.+tors, succesu,rs, :?nd a+signs of the parties hereto. «'herever used, the singular number shall include the plural, the plural the singular, and the use of any Render shall I?e applic•afrle to all genders. All covenants, agreements and undertakings shall f?e joint and sever.+1. In the e+'ent additional numbered ro~•enants or t?ara- graphs are for convenience inserted in this ?\lortl;age, such additional covenants shall I?e mad and given effect as though following this covenant in consecutive order. -3- ~~;••X r~x~~~ PaGE2~7~