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HomeMy WebLinkAbout2490 v ~ ir•- ~ - . ~ y ac+•ounl to I?;+y such charga•s when due shall IrE• t?:+id by Mortgagor to Mortgage'e' un demand. lf, by mason of any default by Mortgagor under any provision of this 111urtgnge, Mortgage's de(•I:uE•s all sums se•e•ured hemby to tee due and payable, MortKagss may th.•n apply mry funds in said account against the entire indebtedness see•urEd hemby. The enfon•eabiliiy of the +•uvenants relating to taxes, assE•ssmsnls and insurance premiums herein otherwise provided shall not (re utfee•ted except insofar as those obligations hair Iresn met by compliance with this Iruragraph. !4fortg:+gee may from time to time at its option waive, and after any such waiver reinstate, any ur all provisions hereof requiring such dslx~sits, by notice to Mortgagor in writing. N•'hils any such waiver is in eftcc•t, Mortgagor shall Ir:ry taxes, assessments and insur.+ncs premiums as herein elsewhere provided. •1. To promptly fury all taxes and assussments asu•ssEd or levied under and by virtue ~f any state, f+den+l, or municilr:+1 law or regulation hereafter Ik+ssed, against Mortgagi.•e ulxrn this Mortgage or the debt hemby see•urd, or ulron its interest under this Mortgage, provided however, that the total amount so paid for any such taxes pursuant to this Irarapr:grh togc•th- er with the interest I,ayable on said indebtE•dne,_s shall not exceed the highest lawful rate of interest in Florida and pmvideal further that in the event n( the p:+swrge of any such law or mgulutiun imlxrsing a tax or assessment against MortgagE•e up- on Ibis Aortgage or the debt see•ured hsmhy, that the entire indebtedness se+•und by this Morlg:+ge shall thcreutron ire- come immediately due and Irryable at the option of Mortg:+gee. 5. To keep the Mortgaged Property insured against lug ur damage by firn, and all trerils insured against by an ex- tended coverage endorsement, and such other risks and Irerils as Mortgagee in its dis(•retion may n:quin•. The lxrlicy or trulicies of such insurance shall be in the Corm in gener.+l use from time to time in the Icx•ality in .which the 111orlgaged Yrolx•rty is situated, shall he in such amount as Alortgagee may reasonably require, shall be issued by a company or companies :grprovEd by hiortgagEr, and shall contain a standard mortgagee clause with loss payable to Mortgagcc•. ~~'hen- ever required by Mortgagee, such Irolieies, shall he delivered immediately to and held by Mortgagee- Any and all amounts ree•ci~..d by I11ortq:+gee under any of such {rolicies may IrE• applied M• Mortgagee on the indebtedness se•(•ured hereby in su(•h manner as Mortgagee may, in its sole diw•rction, elect ur, at the option of 111ortgageE•, the entire arnount so rcc•eived or any hart thereof may be n leased. Neither the application nor the release of any such amounts shall can: or waive am• default. Upon exercise of the power of sale given in this Mortgage or other nr•yuisition of the Mortgaged Yrolx•rty or any part there- of by Mortgagee, such Ireliciss shall (xc•ome the absolute pmlx•rty of Mortgagee. 6. To first oMain the written consent of Mortgagee, such consent to Ire granted or withheld at the sole discretion u( !1lortgagee, lectors la) removing or demolishing any building now or hen•after erectE•rl on the premist•s, Ihl altering thr• arrangement, design or structural character thereof, Ic) making any ret>airs which involrs the removal of structural parts or the ex{rosure of the interior of such building to the elements, Id? cutting or removing or Irermittinq the cutting and re- moval of any tress ar timber on the Mortgaged Yrolx:rh•, let removing or exe•hanging any tangible trersonal pmlx•rty which is {x+rt of the Mortgaged Protx•rly, or Ifi Entering into or m(xlifying any leases of the Mortgaged Property. 7. To maintain the Mortgaged Prolerty in g(xx1 condition and repair, int•ludir?g but not limited to the making of such rstr:+irs as Atorlgagee m:ry tram time to time dete•rn+iue to Ixe ne•c•ess:rry for the: preservation of the Mortgaged Yrolrerty and - lo not commit or tx:rmit any waste then•crf. H. 'I'o comph• with all laws, ordinaneE•s, regulations. covenants, conditions and rEStrir•tiuns affecting the i\lortgag(d Yrotx•rty, and not to softer or tx•rmit any violation therroL •9. it 4lortgagor fails to p:+y any claim, lien or encwnbr~.+nce Khich is sutx•rior to this Mortgage, ur when due,, :rny t:+x or assE•ssment or insur.+nc•r• trremium, or to k(•ep the Mortgaged Ym)re•rty in repair, or shall commit or trc•rmit K:+ste, ur if there Ire commenced any action or pr(rr•eeding affecting the !4lortgagcd Yrolx•rty or the title thereto- or the interest of ;~iortgagE'E• therein, including, but not limited to. eminent domain and bankruptcy or n•organiz:+tion proceedings, then - Mortgagee, at its option, may pay said (•laim, li(•n, encumbrance, tax, assessment or premium, with right of subnrgation thereunder, may nv+ke such repairs and fake such sups as it deems advisable to prevent or earn such waste- and may :grtrear in any such t+ction or pnrc•ECding :red retain counsel therein, and take such action therein as Mortgagee deems ad- ~itiable, and for any of such purlxrsE-s tllurtgagE•r may advanr•E• such sums ut money, in(•ludinq all E•osts, reasonable attorney's fE•e5 and other items of exlx•nsE as it deems nE-(•E•s5:try- Mortgagcr• shall Ire the sole judge of th(• legality, validity and priority of any such (•laim, lien, encumbr.+nce, tax, rise~+ment and premium and of the amount necessary to Ire paid in s;rtisL•+ction thereof. Mortgagee shall not Ire held :urountalrle for any del:q• in rnaking any such payment, which delay may result in any additional interest, costs, charges, exfx•nses or otherw•iu•. l0. Mortgagor will pay to Mortgag(•c•, immediately and K•ithout demand. all sums of money advanced by Murtgagee• _ to protect the security hereof pursuant to this Mortgage. including all costs, reasonable attorney's fees and other items of exfre•nsc•, together with inten•st on Each such advancement :+t the highest lawful rate of interest )x•r annum in the Starr of Florida, and all such sums and uttc•n•st thereon shall he sE•r•und herebv. i I1- All sum. of mune•y ser•un•d hen•hv shall Ir+• frayahle without any r(•li(•I whatever tram :+ny valuation ur appraise•- me•nt law+. I'L. It default (r• made in payment of :ury +mtalme•nt of princip:+l or interest n[ the NotE or anv part thereof when due, or in payment, vr'hen due, or any other sum ser•urEd hereby, or in trerformance of any of Mortgagor's obligations, coven- ants or agre•c•nx•nts hE•reundr•r.:dl of the inde•htEdnc•ss sec•urecl hemby shall Ix•r'Ome and Ix• imm(diately due and payable at the i option of ~tortgager• Nithout notice or demand which are hereby expressly waived, in which event \lortgagee may mail rtsel( of all rights and rE•medie•s, at law or in Equity, and this Mortgage may Ire forec•loscd with all rights and remedies atford(•ct by hE laws of I•'Inrida and ;Mortgagor shall pay all costs, charges and expE•nses thereof, including a reasonable attorney's IE•e, including a!I such costs, exfre•nse•s and athrrney's t(•e•s for any retrial. rehearing or aplreals. The indebtedness se'c'ured hereby shall treat interest :+t the highest lawful rate of interE•st free annum in the State of Florida from and alter the date of any such default of ~tortgagur. It the Note pruvidc•s for instalment payments, the ~tortgagE•e may, at its option, collect a late charge not to exceed two c'e'nts for each one dollar not paid to the !1lortgagce when due, to rr•imhursc• the 'llorigage•e for rxfrt•nvs in collecting and servicin g such instalment {rayments 13. If default Ire made, in p:+yment. when due, of am indebtedness secured hereby, or in performance of am• of Mortgagor s obligations, r•uvenants or agrc•E•ment hen•under: tat Mortgagee is :nrthorizEd at any- t+mE• without naticc, +n itr• sale dis+•retion to Enter ufwn and take freresE•ssirrn of thE• 1lortgagcd YrolrErty or any part then•of, to fx•rtorm any acts :1lortgagee de('ms necessary or pm)rer to consene the sec•unty and to collect and receive a!I rents, issues and profits thEn•uf, including those past dur• as well as thr,_.E• ar•r•ruing therealter, and - Ib1 Mortgagee shall Ire entitled, as a matter of strict right, without notice and exp:+rte, and without regard to the value or cx•cupancy of the security, or the solvency (rt Mortgagor, or the adequacy of the 1\lortgaged Property as securih• for the NMe, to have a rw•eiver ap)xrint(•d to Enter upon and take Iwsse•ssion of the ?Mortgaged Prolx•rty- collect the rents and profits therefrom and apply the s:+me as the court may direct, such rc•e•eiver to have all the rights and fxrwcrs tx•rmitted ~ underthe I:+K•s of I•'lorida. In either such case, Mortgagee or the rE•ceive•r may :+Isrr take fxrsse•ssion of, and for th(•se• purlxsc•s use,, any and all ~ fx•r•srrna) prolrerty which is a part of the Mortgaged Yrolxrty and used by Mortgagor in the rental or leasing therE•ot or any part thE•re•of. The cxlx•nss lincludinq rec•eiver•s fe'e's, r•ounsel fees, costs and agent's comlx•nsatiun? in(urred pursuant to the Iwwers herein contained shall Fee secured hereby,. titortgagee shall latter payment of all costs and exlrenses incurred) 1 ( ' -2- a • • ~`~~F~~2~i89