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HomeMy WebLinkAbout0417 , ~ ~ f ~ , :u•ruunt to µiy such charges when due shall Ix' ),:lid by Mortgagor to Mortgagee un demand. It, by rcaxcm of any dr(:wll 1!v Morig:iqur under any provision of this I1lorigage, Mortgagoe dea•lares :ill sums aec•urrd hereby to 1?e due and twyable, Mortgagee may then apply any funds in said ucc•ount against the entire indebtedness secured hereby. The enforceability of the c•ovenunts relating to fazes, assessments and insurance premiums hernia otherwise provided shall not t,e afteo•ted except ?iisofar ns those obligations have been met by compliunc•e with thin {wragraph. Mortgagee m:iy tram time to time at its option waive, and otter any such waiver reinstate, any or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. While any such wai~rr isjn effect, Mortgagor shall pay taxes, asersamenta and insur:inir premiums :rs herein elsewhere provided. 4. To promptly Iwy all taxes and assessments :issessoKt or levied under and by virtue ~,f any stole, fedend, or municipal law ur regulition hereafter {xixsed, against Mortgages ul?un this Mortgage or the debt hereby sac•ured, or ul,on its interest under this 111oriquge, provided however, That the total amount so Laid for any such taxes pursuant to this {,:uaKraph togeth- er with the interest p:iyuble on wild indebtadnesa shall not excard the highea! lawful rate of interest in Florida and providoYt further that in the event of the l,:iswige of any such law or regulation imposing a tax or assessment against Mortgagee up- un this Mortgage or the debt sec•urarl hemhy, dial the entire indebtednews sec•unvl by this Mortgage shall thereulx,n f?e came immediately due and I,:iyable al the option of Mortgagee. .5. To keep the I1lortguged Property insured against loss or damage by tin, and all I,erila insured against by an ex- tcndad coverige endorsement, and such other risks :ind perils us Mortgagee in ifs discretion may require. The policy ur tx,liries of such insurnnre shall be in the (arm in general use from time to time in the locsility in which the Mortgaged 1'rol,erty is situutae1, shall t?ir in such amount as 1Nortgagar may reasonably require, shall t,e issued by a coml,:iny or ~•onil?:inies approved by Morlgagar, and shall c•ontuin a standard mortgagee clause with tos9 payable to Mortgagee. When- ~•.er requirnd by Morlguga•+•, such t?olicics, shall t?e delivered immediately to and held by Mortgagee. Any and all amounts nti•eived by Mortgagor under any of such I,olicies may 1?e applied by Mortgagee on the indebtedness secured hemhy in such manner as Mortgagee may, in its iwle disc•rntion, elect or, al the option of Mortgagee, the entire amount so received or any part thereof may t?e released. Neither the application nor the release of any such amounts shall corn or waive any default. (tpon exen•ise of the power of wife given in this Mortgage or other acquisition of the Mortgaged Prof?erty or any part there- at by Mortgagee, such I,olicies shall Fx•c•ome the absolute pml,eriy of Mortgagee. 6. To first obtain the written consent of Mortgagor, such consent to F,e Rrintecl or withheld at the sole discretion of Jlorigagee, before la) removing or demolishing any tuilding now or hereafter erec•lad on the premises, Ib? altering the ::rringement, design or structural charnrter thereof, (c) making any repairs which involve the removal of structural p:iris ur the exlwsure of the interior of such building to the elements, (d1 rutting or removing or permitting the cutting and re- moval of any trees or timber on the Mortgaged Pml,erty, let removing or exchanging any tangible I,ersonal properly which 1?;iri of the Mortgaged Prol,erty, or If? entering into or modifying any leases of the Mortgaged Protieriy. 7. To maintain the Mortgaged Property in good condition and repair, including but not limited to the making of such rrtriirs as Mortgagee may from time to time determine to t?e noresw~ry far the preservation of the Mortgaged Property and to not commit or perniil any waste thereof. ti. Ta comply with all laws, ordinances, regul:dions, covenants, conditions and restrictions affecting the Mortgaged I'rot?erty, and not to suffer or permit any violation thenti,f. 9. If 111origagor fails to pay any claim, lien or encumbrance which is sutxrior to this Mortgage, or when due, any tax or assessment or insurance premium, or to keep the Mortgaga-d Property in repair, or shall c•ummit or hermit Waste, or it there he commenced any action or pra•eeding affecting the Mortgaged Prol,eriy or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent domain :ind t,ankruptc•y or reorganization proc•eardings, then 1lorigagee, at its option, may lury said claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and take sac•h 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 ad- visable, and for any of such purposes Mortgagor may advance such sums of money, including all costs, reasonable attorney's fees and other items of expense as i! deems nae•ess:iry. Mortgagee shall I,e the sole judge of the legality, validity and priority u( any such claim, lien, encumbrance, tax, assessment and premium and of the amount necessary to t,e paid in satisfaction thereof. Mortgagee shall not he held accountable for any delay in making any such I,ayment, which delay may result in any additional interest, costs, charges, expenses or otherwise. 10. Mortgagor will I,:iy to 111ortgager, immediately and without demand, all sums of money advanr•rd by Mortgage to protect the security hereof pursuant to this hturigage, including :dl 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 of money secured hereby shall t,e ~,:ryahle without any relief whatever from any valuation or appraise- ment laws. 12. It default t?e 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 t?ec•ome and t,e immediately due and payable at the u{,lion 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 I,e foreclosed with aft rights and remedies afforded by the laws of Florida and Mortgagor shalt pay all costs, charges and expenses thereof, including a reasonable attorney's fee, including all such costs, expenses and attorney's tees for any retrial, rehearing or appeals. The indebtedness secured hereby shall hear interest at the highest lawful rate of interest per annum in the State of Florida from and alter the date of any such default of Mortgagor. If the Note provides for instalment Iayments, the Mortgagee may, at its option, collect a late charge not to exceed two cents for each one dollar not paid to the A4origagee when due, to reimburse the Mortgagee for expenses in collecting and servicing such instalment payments. 13. If default F?e made in payment, when due, of any indebtedness secured. hereby, or in performance of any of !Mortgagor's obligations, covenants or agreement hereunder: la) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take Ibcsession of the Alorigaged Property or any part thereof, to lierform any acts Mortgagee deems necessary or proper to consen•e the security and to collect and receive all rents, issues and profits thereof, including those first due as well as tho.9e accruing thereafter: and ib) Mortgagee shall t?e entitled, as a matter of strict right, without notice and exp:irte, and without regard to the value or occupancy of the security, or the solvency of Mortgagor, or the adequacy of the t4lortgaged Property as security for the Note, to have a receiver appointed to enter utx,n 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 fwwers permitted under the laws of Florida. In either such rase, Mortgagee or the receiver may also take lx,ssession of, and tot these purposes use, any and all personal prol,eriy 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 rec•eiver's fees, counsel fees, costa and agent's compensation) incurred pursuant to the powers herein contained shall t,e secured hereby. Mortgagee shall (after payment of all coats and expenses incorrect) -2- F,GE ~s • tee, ~ c 3 _