HomeMy WebLinkAbout1582 account to pay such charges when due shall be paid by Mortgagor to Mortgagee on demand. 1t, by reason of any default
by Mortgagor under any provision of this Mortgage. Mortgagee declares all sums secured hereby to be due and payable,
Mortgagee may then apply any funds in said account againd the entire indebtedness secured hereby. The enforceability of
the covenants relating to lazes. asseasrnents and insurance premiums herein oWerwise provided shall not be affected except
insofar as those obligatiow have been met by rnmpliance with this paragraph. Mortgages may from time to time at its
option waive, aad attar any sucb waiver reinstate. any or aU provisions hereof requiring such deposits„ by notice to
Mortgagor in writing. While any ouch waiver is in etteM, Mortgagor shall pay taxes, asseasaients and insurance premiums
as herein elsewhero provided
4. To promptly pay aU to:es and assessments assessed or levied under and by virtue of any state, federal, or municipal
law or regulation hereafter passed, agairud Mortgagee upon this Mortgage or the debt hereby secured, or upon its intered
under this Mortgage, provided however. that the total amount so paid !or any such fazes pursuant to this paragraph togeth-
t ~ er with the interest payable on said indebtedness shall not a:teed 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 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-
tended rnverage 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 tram 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 rnmpany or
companies approved by Mortgagee, and shalt contain a standard mortgagee clause with lass 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 thereo[ may be released. Neither the application nor the release of any such amounts shall cure or waive any default.
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, (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 rr-
mova) of any trees or timber on the Mortgaged Property, (e) removing or ezchanging any tangible personal property which
is part of the Mortgaged Property, or (t) entering into or modifying any leases of the Mortgaged Property.
7. To maintain the Mortgaged Property in good rnndition 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 restriMiorrs affecting the Mortgaged
Property, and not to suffer or permit any violation thereof.
9. If Mortgagor tails to pay any claim, lien or encumbrance which is superior 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 rnmmenced any action or proceeding affecting the Mortgaged Property or the title thereto, or the interest of
Mortgagee Werein, including, but not limited to, eminent domain and bankruptcy or reorganization proceedings, then
'Mortgagee, at its option, may pay said claim, lien, encumbrance, to:, 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 sucb action or proceeding and retain counsel therein, and take such action therein as Mortgagee derma ad-
visable, and [or any of such purposes Mortgagee may advance such sums of money, including all costa, 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 satistaMion
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.
~'I 10. Mortgagor will pay to Mortgagee, immediately and without demand, all sums of money advanced by Mortgagee
to proteM the security hereof pursuant to this Mortgage, including all costs, reasonable attorney's tees and other items of
j ezpense, together with interest on each suck advancement at the highest lawful rate of interest per annum in the State of
Florida, and all such sums and interest thereon shall he secured hereby.
11. All sums of money secured hereby shall be payable without any relief whatever from any ~~aluation or appraise-
` ment laws.
12. It default be 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 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 expressly waived, in which event Mortgagee may avail itself
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 costs, 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. If 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 be made in payment, when due, of any indebtedness secured hereby, or in performance of any of
Mortgagors obligations, rnvenanta or agreement hereunder:
r (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 profits thereof, including those past due as well as those accruing
thereafter: and
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(b) Mortgagee shall be entitled, as a matter of strict right, without notice and ezparte, 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 ar?d take possession of the Mortgaged Property, collect the rents and
profits therefrom and apply the same as the court may direct, such rrceiver 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 of, and for these purposes use, any and all
persona) property which is a part of the Mortgaged Property and used by Mortgagor in the rents) or leasing thereof or
any part thereof. The ezpense (including receiver's fees, counsel fees, costa and agent's compensation) incurred pursuant
to the powers herein contained shall be secured hereby. Mortgagee shall (after payment of all costa and expenses incurred)
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