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HomeMy WebLinkAbout0309 account to lu+y such charges when due shall 1?e i,:+id by Mortgagor to Mortgagok• un demand. If, by reason of any default by Mortgagor under :+ny pwa•ision of this Murtg:+ge, lllortgagk•e dek•lures all sums sek•ured hereby to be due and pnyablc, Mortgagee rn:+y then apply any funds in said account against the entire indebtedness secured hereby. The enforrnability of the cuvenunls eel:+ting to lazes, assessments and insurance premiums herein otherwise provided shall not 1?e uffek•led exkrpt insofar us those obligations bas's been met by compliance with this pun+gruph. Mortgagee may fn?m time to time at its option waive, and after any sash waiver reinstate, ++ny or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. While any such waia•er is in eflcc•t, Mortgagor shall pay tuxes, ussessmm~ts and insure+m•e premiums as herein elsewhere provided. 4. To promptly lu+y :dl taxes and ussk~+sments asu~cskvl ur levik•d under and i?y a•irtue of any state, Ikvler:d, ur municil?:d law or mgulation hereafter I,:+sskvl, against Alortgugke ulx,n this h9urtguge or the debt hereby secured, or ufwn its interest under this Mortgage, pn?a•ided howea•rr, lhal the fatal amount su Imid fur any such taxes pursuant to this Iwr.+Kr:q?h togeth• rr with the interest payable un s:+id indebtkvinrsti shall nol excrkvl the highest lawful r<Ne of interest in Florida :u?d pnn•idkvl further tl+:+t in the event of the 1>:+ss:+ge of any such law or regulation imlwsing a t:+x or assessment against Murtgagk•e up- on This I1lurtgage or the debt stn•unvl hereby, that the k•ntin• indebtednes4 stvurcvl by this Mortgage shall themulx,n tw•- con+e immediately due and 1,:+y:+ble al the option of Mortgagee. fi. To k~rp the Mortgagkvt Prolxrty insurcvl against loss or d:unage 1?y fire', and all Ix•rils insunvl against by an ez- tendkvl covk•rage endoru•ment, and such other risks and Ix•rils as Mortgagee in its dise•retion may myuin•. The lwlicy or fwlicies of such insurance shall Ix• in the form in general use from time to time in the bx:+lity in which thk• ~lortgagkvl 1'ml?erty is situatkvl, shall 1?k• in suk•h amount av Aturtgagkv may n.+sonahly require, shall he issukvt by a cumf?:+ny ur companies appma•kvl by Aiurtgagkv, and shall contain standard mortgagty clause with loss payable to Mortgagkv.•. ~Yhen• ever requinvl by Mortgagkv, such twlicies, shall I,e delieerkvl immkvliately to and held try Mortgagkv. Any and :+11 amounts receivkvl by Mortgagee w?dk•r any of such Ix,liciks may I,e applievl by Atortgagk•e un the indk•btednes, sek•unvl hereby in sorb manner as Mortgagee maa•, in its sole disk•retion, elect or, at the option of Mortgagee, the enlirt• amount su receickvl or any part therkv,f may be releasekl. Neither the application nor the rk•Ie:nk• of any wch amounts shall cure' or waive any deL•+ult. l?I,on exen•ise of the IwKC•r of s:de given in this Mortgage or other acquisition of the Mortgaged Pml?k•rty ur any part then•- of by Mortgagee, such twlicies shall become the absolute pmtxvty of Mortgagkv. 6. To first obtain the written consent of Mortgagkv, such conuv?t to I,k• gr:n,tkvl ur withheld at the sole discn•Non ul Mortgagee, (K•fore Ia1 removing or demolishing any building now or hen•after en•ctkvl on the pn•mise::, Ib1 altering the arr.+ngement, design ur structural character then•of, Icl making any nyr.+irs which involve the remm:+l of structurnl parts or the exl,usure of the interior of such building to the elements, Id1 cutting or removing or Ix•rmitting the cutting and re- moval of any tykes or timlx•r on the Mortgagee) t'ml,k•rty, let remm•ing or exk•hanging any tangible Ix•nonal prolx•rty which is part of the Mortgagkv) t'rUlx•rty, or Ifl entering into or modifying any le:u:es of the Mortgagtvl 1'rofx•rly. 7. 'Ib maintain the Mortgagkv) Pnry?erty in gkxxl iv,ndition and repair, including but not limited to the making of suk•h rep:,irs as Alortgagk•e may from time to limp deterniine to I,e nek•k•ss:+ry for the pn•sen•ation of the Mortgagkv) Yml,k•rty and to not commit or lx•rmit any aa;+ste thenrof. R. To cumph• with all laws, ordinanct•s, n•gulatiuns, covenants, conditions and n•strictions atlw•ting the Mortgagool Pnq?k•rty, and not to suflk•r or lx•rmit any violation thk•rkv?f. 4. If Mortgagor fails to pay any claim, lien ur k•ncumbranck• which is sutx•rior to this Mortgage, or wi+k•n due.:+m• tax e,r assesment or insuF:mcr premium' or to keep the Mortgagk•d Prolx•rty in repair, or shall commit or tx•rn,it w:kste, or it there t?e commenced any action or prcx•kvvfing affecting the Mortgagkv) Yrotx•rty or the title thereto, or the interest of Mortgagee therein, including, but nut limittvl to, emint•nt domain and b:+nkruptcy or nv,rganiz:+tion prkx-eedings, then Mortgagee, at its option, m:+y 1?:ry s:+id claim, lien, encumbranck•, tax, assessment or premium, Kith right of suhn,Kation thereunder, may make such n•pairs and take such steps as it deems advis:+ble to prevent or cum such Kaste, and may - ap{xar in any such action or pnx•tvvlinK and retain counsel therein, and take such action therein as Mortgagkv dec•nu ad- vis:+hle, and (or any of such purf?ksks Mortgagee may advance such sums of money, including all costs, reasonable attorney's fees and other items of extxnx as it deems nkvk_ti•.:+ry. Mortgagkv shall I,c• the w,le judge of the legality, validity and priority of any such claim, lien, encumhrrnck•, t:u, assessment anti premium and of the amount necess:+n• lc. t?e t?:+id in k+tisfaction thereof. Alortg:+gek• shall not he held accountable for any delay in making any such I,:kyment, Khich delay may n•sult in ~ any additional interest, casts, chargk•s, extenses or utherwiu•. 10. Mortgagor will pay to Mortgagkv, immediatey :u?d acilhuut demand, all sums of money adcanct•d by Mortgagee to pn,tkvt the skvurity hereof pursuant to this Mortgagk•, including all costs, reasonable attorney's fek•s and other items of extx•nsk•, together with interest on each such advanct•ment :,t the highest L•+w~ful raft' of interest lx•r annum in the Stall of i Florida, and all such sums and inten•st thenv,n shall ix• sek•ured hereba•. 11. All sums of numey .rcurkvl hen•hc shall I,k• paa:+ble without any n•het achatk•ver from am• valuation or apprise- ment laws. 12. If dk•lault t,k• made in payment of any instalment of princip:+l ur interest of the Note or any part thereof aches due, or in payment, when due, or any other sum securkvl hereby, or in lx rformance of any of :Mortgagor s ohlig:+tions, e-c?cen- ~ ants or agrkvmk•nts hereunder. all of the indebtkv(nkss sek•urkvl hereby shall I,ec•ome :Ind Ix• Immekbately due and Itt+yabie at the option of Mortgagkv, without notik•e or demand w'hic'h are hereby exprk•ssly waived, in which event Mortgagkvr may :+vai) itsk•11 _ of all rights and remkvlies. at law or in k•yuity, and this Mortgage may 1?e forkvloskvl Kith all rights and remedies a(fon(tvl by the I:Iw's of Florida and MurlgaRor shall pay all casts, charges and exlx•nsk•s thereof, including a reamnalde attorney's lee, including all such costs, exfx•nsk•s and attorney's fkvs for :+ny retrial, n•h~aring or apfxals. The indebtcv(nesti secured hemh}• shall bear interest at the highest lawful rate of interest fx•r annum in the State of Florida from and alter the d:de of any such default of Mortgagor. If tht• Mute provides for instalment payments, the Mortgagee mav, at its option, collek•t a late charge not to exceed two tents for oath one dollar not p:+id to the :~tortgagty when due, to reimburse the Mortgagee for exlx•nses in collecting and sk•r~icing sut•h instalment payments- 13. If default l,e made in payment. when due, of any indebtkvlness u•cured hereby, or in {x•rlurmance of any o! 1 1lortgagor's obligations, t-ovk•nants or :+grkvment hereunder t 1 I:u Mortgagee is authorized :+t any time, without notice, in its sole discretion to enter ufwn and take (wru•ssion of s the' Mortgagkv) Yrc?1?k•rty or any part therkv,f, to lx•rform any ak•ts Mortgagee deems nkvk•ss:+n• or 1?mlx•r to consen•e the s security and to collek•t and receive all n•nh, issues and profits then•of, including thost• p:+st due as well :,s thk~~k• akrruing - lhk•reafter: and r Ihl Mortgagee shall I,e entitlkvl, ;+s a matter of strict right, without notice and exparte, and without regard to thk• c:doe or ok•cul?.•+ncy of the security, or the solvency of Mortgagor, or the adequacy of the Mortgaged t'mlx rty as st•k•urity fur the Note, to h:n'e a receiver aplwinted to enter ulx?n and take 1?k~stik~csion of the Murtgagt•d Pmfx rty, collect the rants and profits therefrom and apply the crme as tht• court may direct, such rek•eiver to have all the rights and f?owers lx•rmitted under tht• laws of Florida. In either such cast, Mortgagkv or the receiver may alskr take fxsxssion of, and fur these purlwsks use, any and all fx•rstlnal prol,erty which is a part of the Mortgaged t'rolx•rty and usevl by Mortgagor in the rental or leasing thereof or any part thereof. The exl?ense link•luding receivers fees, counsel fees, k-osts and agent's compensation) incurred pursuant , to the powers herein contained shall he secured hereby. Mortgagee shall )after payment of all costs and expenses incurrtvf 1 x t .2_ 9r.~K 332 PacE i -s-,,