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HomeMy WebLinkAbout2939 + • t ~ 3 ac'c'ount to fx+y such charges when due shall t+e tH+id by MortquKor to A'fortgagee un demand. ff, by rc•:+son of any default by Mortg.+gar under any provision of this Mortgage, tllottgngre dec•l:ues all sums secured hereby to Le due and tu+yable, Mortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The enforceability of the covenants relating to lazes, assessments and insurance premiums herein otherwise provided shall not t+e affected except insofar as those obligations have been met by compliance with this paragraph. Mortgagee may from time to time al its option waive, and after any such waiver reinstate, any or :tll provisions hereo[ requiring such deposits, by notice to Mortgagor in writing. While any such waiver is in effect, Mortgagor atwll pay taxes, assea~aments and insurance premiums us herein elsewhere provided. • 4. To promptly pay all taxes and assessments assessed or levied under and by virtue of any state, fcden+l, or munic•ifx+1 law or regulation hereafter passed, against Mortgagee ut+on this Mortgage or the debt hereby secured, or ntwn its interest under this Mortgage, provided however, that the total amount so paid for any such luxes pursuant to this par:+graf+h togeth- er with the interest payable on said indebtedness shall not exceed the highest lawful rate of interest in Florida and provided further that in the event of the passage of any such law or regulation imposing a tax or assessment :+g:+inst Mortg:+qee up- on this Mortgage or the debt secured hereby, that the entire indebtedness secured by this Mortgage shall thereul+on be- come immediately due and payable al the option of Mortgagee. 5. To keep the Mortgaged Property insured against loss or damage by tire, and all {+erils insured against by an ex• tended c•over+ge endors~•ment, and such other risks and t+erils as Mortgagee in its discretion may require. The policy or t+olicies of such insurance shall be in the form in general use from time to time in the locality in which the Mortgaged Property is situated, shall I,e in such amount as Mortgagee may reasonably require, shall be issued by a cwmtx+ny or roml+:+nies approved by Mortgagee, and shall contain a standard mortgagee clause with loss payable to Mortgagee. When- ever required by Mortgagee, such {wlicies, shall t,e delivered immediately to and held by Mortgagee. Any and all amounts rec•rived by tllortgagee under any of such I+olicies ntay i:e applied by Mortgagee on the indebtedness secured hereby in such nu+nner as Mortgagee may, in its sole discretion, elect or, at the option of Mortgagee, the entire amount so received or any t+:+ri thereof may t+e released. Neither the application nor the release of any such amounts shall cure or waive any default. Upon exen•ise of the power of sale given in this Mortgage or other acquisition of the Mortgaged Property or any part there- of by Mortgagee, such I+olicies shall I+ec•ome the absolute property of tllortgagee. f. To first obtain the written consent of t\lortgagee, such consent to !+e granted or withheld at the sole disc•relion of Mortgagee, before la) removing or demolishing any building now or hereafter erec•trd on the premises, Ib) aherinq the arr.+ngement, design or structural character ther+eot, (c) mnkinR any ref+airs which involve the removal of structural fxuts or the exl+osure of the interior of such building to the elements, Id1 cuttinK or removing or t+ermittinq the c•uttinq and re- moval of any trees or timber on the Mortgaged Property, Ie) removing or exchanging any tangible personal property which is t+:+rt of the Mortgaged Property, or If) entering into or modifying any leases of the I4forigaged Property. T. '1'o maintain the Mortgaged Property in good crondition and rel+:+ir, inc•tudinq but not limited to the making of such rel+:+irs as Mortgagee may from time to time determine to be nec•esaary for the preservation of the Mortgaged Property and to not commit or t+ermit any waste thereof- S. To comply with all laws, ordinances, regulations, covenants, conditions and rnstrictions affecting the Mortgaged Prot+rrty, and not to suffer or fx•rmit any violation thereof. 9- If Mortgagor fails to I+;+y any claim, lira or rncumbrancr which is sul+rtior to this Mortgage, or when due, any tax or assrs.Rmc:nt or insurance premium, or to keep the Mortgaged Property in repair, or shall commit or t+ermit waste, or if there t+e commenced any action or proc•eedinq affecting the Mortgaged Property or the Title thereto, or the interest of Mortgagee therein, including, but not limited to. eminent domain :+nd bankruptcy or reorganization praeedings, then Mortgagee, at its option, may Is+y said claim, lien, encumbrance, tax, assessment or premium, with right of subrogation t thereunder, may make such ret+:+irs and take such steps as it deems advis:+ble to prevent or cure such waste, and may apl+ear in any such action or pmceedinq and retain counsel therein, and take such action therein :+s Mortgagee deems ad- visable, and for any of such purposes Mortgagee may advance such sums of money, including all costs, reasonable attorney's fees and other items of ex +ense as it deems necessar Mortga ee shall I+e the sole 'ud a of the le alit validit f Y• g l g h' Y. y and priority of any such claim, lien, encumbrance, tax, assessment and premium and of the amount necessary to be t+aid in satisfaction thereof. 1~lorigagee shall not be held accY+untable for any delay in making any such fwyment, which delay may result in any addition:+1 interest, costs, charges, expenses or otherwise. - 10. Mortgagor wiN pay to Mortgagee, immediately and without demand, all sums of money advanced by Mortgagee to protect the security hereof pursuant to this Mortgage, including al costs, reasonable attorney's fees and other items of expense, together with interest on each such advancement at the highest lawful rate of interest her annum in the State of Florida, and all such sums and interest thereon shall t?e secured hereby- 11. All sums of money secured hereby shall Ix• tx+yable without any relief whatever from any valuation or appr.+icr• ment laws. 12. If default t?e made in payment of any instalment of principal or interest of the Note or any part thereof when due, or in payment, when due, or any other sum secured hereby, or in f+erformance of any of Mortgagor's obligations, coven- ants or agreements hereunder, all of the indebtedness secured hereby shall become and F?e immediately due and payable at the option of Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itself ;t of all rights and remedies, at taw or in equity, and this 111ortgage may be foreclosed with alt rights and remedies afforded by the laws of Florida and Mortgagor shall pay all costs, charges and extenses thereof, including a reasonable attorney's fee, including all such costs, expenses and attorney's tees for any retrial, rehearing or appeals- The indebtedness secured hereby shall Bear interest at the highest lawful rate of interest I+er :+nnum in the State of Florida from and after the date of :+ny sue•h default of Mortgagor. [f the Note provides for instalment payments, the Mortgagee may, at its option, collect a late charge not to exceed two cents for each one dollar not paid to the Mortgagee when due, to reimburse the Mortgagee for expenses in collecting and servicing such instalment payments. 13. If default 1?e made in payment, when due, of any indebtedness secured hereby, or in performance of any of Mortgagor's obligations, covenants or agreement hereunder: la) Mortgagee is authorized at any time, without notice, in its sole discretion to enter ut>on and L•:ke I+ossession of the 111origaged Prol+erty or any part thereof, to I+ertorm any acts Mortgagee deems necessary or proper to conserve the security and to collect and receive :+It rents, issues and profits thereof, including those past due as well as those arcruinq thereafter: and Ih) Mortgagee shall he entitled, as a matter of strict right, without notice and exparie, and without regard to the value or occupancy of the security, or the solvency of Mortgagor, or the acJequacy of the Mortgaged Prol+eriy as security for the Note, to have a receiver appointed to enter upon and take posses-Rion of the Mortgaged Property, collect the rents and profits therefrom and apply the same as the court may direct, such receiver to have alt the rights and powers permitted r under the taws of Florida. In either such case, Mortgagee or the receiver may also take I+ossession of, and (or these pury~oses use, any and all perscmal property which is a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or any part thereat. The expense (including receivers fees, counsel fees, costs and agent's compensation) incurred pursuant to the powers herein contained shall tee secured hereby. Mortgagee shall fatter payment of all costs and expenses incurred) -2- . ~!l1K FSGt ~•~5