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HomeMy WebLinkAbout0491 . 1c account to pay such charges when due slucll t?e {acid by Mortgagor to Mor/gugee on demand. lf, by recisdn of uny default ' by 114origagor under any provision of this Mortgage, Mortgagee declares a!1 sums secured hereby to be due and payable, ( Mortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The enforceability of the rnvenants relating to taxes, assessments and insurance premiums herein otherwise provided shall not be affected except insofar as those obligations have been met by compliance with this paragraph. Mortgagee may from time to time at its option waive, and after any such waiver reinstate. any or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. While any such waiver is in effect, Mortgagor shall pay taxes, assessments and insurance premiums as herein elsewhere provided 4. To promptly pay all fazes and a~essments assessed or levied under and by virtue of any state, federal, or municipal law or regulation hereafter passed, against Mortgagee upon this Mortgage or the debt hereby secured, or upon its interest under this Mortgage, provided however. that the tote! amount so paid for any such taxes pursuant to this paragraph 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 o[ any such law or regulation imposing a tax or assessment against Mortgagee up- on this Mortgage or the debt secured hereby, that the entire indebtedness secured by this Mortgage shall thereupon be- come immediately due and payable at the option of Mortgagee. 5. To keep the Mortgaged Property insured against loss or damage by fire, and all perils insured against by an ex- I tended coverage endorsement, and such other risks and perils as Mortgagee in its discretion may require. The policy or policies 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 be in such amount as Mortgagee may reasonably require, shall be issued by a company or companies approved by Mortgagee, and shall contain a standard mortgagee clause with loss payable to Mortgagee. When- ever required by Mortgagee, such policies, shall be delivered immediately to and held by Mortgagee. Any and all amounts received by Mortgagee under any of such policies may be applied by Mortgagee on the indebtedness secured hereby in such # manner as Mortgagee may, in its sole discretion, elect or, at the option of Mortgagee, the entire amount so received or any part thereof may be released. Neither the application nor the release of any such amounts shall cure or waive any default. j Upon exercise of the power of sale given in this Mortgage or other acquisition of the Mortgaged Property or any part there- of- by Mortgagee, such policies shall become the absolute property of Mortgagee. 6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discretion of Mortgagee, before (a? removing or demolishing any building now or hereafter erected on the premises, (bj altering the arrangement, design or structural character thereof, (c) making any repairs which involve the removal of structural parts or the exposure of the interior of such building to the elements, (d) cutting or removing or permitting the cutting and re- moval of any trees or timber on the Mortgaged Property, (e) removing or ezchanging any tangible personal properly which is hart of the Mortgaged Property, or (t) entering into or modifying any leases of the Mortgaged Property. 7. To maintain the Mortgaged Property in good condition and repair, including but not limited to the making of such repairs as Mortgagee may from time to time determine to be necessary for the preservation of the Mortgaged Property and to not commit or permit any waste thereof_ 8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Mortgaged Property, and not to suffer or permit any violation thereof. 9. If Mortgagor fails to pay any claim, lien or encumbrance which is sut?erior to this Mortgage, or when due, any tax or assessment or insurance premium, or to keep the Mortgaged Property in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the Mortgaged Property or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorganization proceedings, then Mortgagee, at its option, may pay said claim, lien, encumbrance, taz, assessment or premium, with right of subrogation thereunder, may make such repairs and take such steps as it deems advisable to prevent or corn such waste, and may appear in any such action or proceeding and retain gounsel therein, and take such action therein as Mortgagee deems ad- ; visable, and for any of such purposes Mortgagee may advance such sums of money, including all costs, reasonable attorney's tees and other items of expense as it deems necessary. Mortgagee shall be the sole judge of the legality, validity and priority of any such claim, lien, encumbrance, to:, assessment and premium and o[ the amount necessary to be paid in satisfaction thereof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may result in any additional interest, costs, charges, expenses or otherwise. 10. Mortgagor will pay to Mortgagee, immediately and without demand, all sums of money advanced by Mortgagee to protect the security hereof pursuant to this 1liortgage, including all costs, reasonable attorney's fees and other items of expense, together with interest on each such advancement at the highest lawful rate of interest per annum in the State of Florida, and all such sums and interest thereon shall be secured hereby. 11. All sums n( money secured hereby shall be payable without any relief whatever from any valuation or appnise- ment laws. 12. It default be made in payment of :coy inslalme~?t 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 performance of any of Mortgagor's obligations, coven- ants or agreements hereunder, all of the indebtedness secured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby ezpressly waived, in which event Mortgagee may avail ilseif - of all rights and remedies, at law or in equity, and this Mortgage may be foreclosed with all rights and remedies afforded by the laws of Florida and Mortgagor shall pay all coats, charges and expenses thereof, including a reasonable attorney's tee, including all such costs, expenses and attorney's fees for any retrial, rehearing or appeals. The indebtedness secured hereby shall bear interest at the highest lawful rate of interest per annum in the State of Florida from and' after the date of any such default of Mortgagor. It the Note t~rovides 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 ezpenses in collecting and servicing such instalment payments. ~ 13. It default be made in payment, when due, of any indebtedness secured hereby, or in performance of any of Mortgagor's obligations, covenants or agreement hereunder. (a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take possession of the Mortgaged Property or any part thereof, to perform any acts Mortgagee deems necessary or proper to conserve- the security and to collect and receive all rents, issues and rofits thereof, includin those p g past due as well :cs those accruing thereafter; and (h) Mortgagee shall be entitled, as a matter of strict right, without notice and exparte, and without regard to the value or occupancy of the security, or the solvency of Mortgagor, or the adequacy of the Mortgaged Property as security for the Note, to have a receiver appointed to enter upon and take possession of the Mortgaged Property, collect the rents and profits therefrom and apply the same as the court may direct, such receiver to have all the rights and powers permitted under the laws of Florida. In either such case, Mortgagee or the receiver may also take possession o(, and for these purposes use, any and all per3onal properly which is a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or any part thereof. The ezpense (including receiver a fees, counsel fees, costs and agent's compensation) incurred pursuant to the powers herein contained shall be secured hereby. Mortgagee shall (after payment of alt costs and ezpensea incurred) -2- s~ ~i 3~ racE 491 -t . ~ ;