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HomeMy WebLinkAbout1438 - • restored following damage or destruction thereto, or following a taking thereof by eminent domain, or by any power in the.. nature thereof, or deed in lieu thereof, the proceeds of any distribution for the benefit of Mortgagor shall be paid to Mortgagee for application to the unpaid balances of the Note and obligation secured by this Mortgage. - 6. To Iirst obtain the written consent o= 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, (b) 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 removal of any trees or timber on the Mortgaged Property, (e) removing or exchanging any tangible personal-property which is part ~of the Mortgaged Property, or (f) 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 superior to this Mortgage, or when due, any tax or assessment, 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, - tax,-assessment or premium, with right of subrogation thereunder, may make such repairs and take such steps as it deems advisable - to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take such action therein as Mortgagee deems advisable, and for any of such purposes Mortgagee may advance such sums o~ money, including all costs, reasonable attorney's fees 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, tax, assessment and ~ premium and of 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 ar otherwise. 10. Mortgagor will pay to Mortgagee, immediately and - . without demand, all sums of money advanced by Mortgagee to protect the security or advances hereof pursuant to any ~ provisions of this Mortgage, including all costs-, reasonable - attorney's fees and other items of expense, together with € interest on each such advancement at the highest lawful rate `r of interest per annum in the State of Florida, and all such - sums and interest thereon shall be secured hereby. 11. All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement -laws. e~~ r~~~ -