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HomeMy WebLinkAbout0157 encumbrances shall be and the same and each of them hereby is preserved and shall pass to and be held by the mortgagee herein as security for the indebtedness to the mortgagee herein described or_hereby secured, to the same extent that it would-have been preserved and would have been passed to and been held by the mortgagee had it been duly and regularly assigned, transferred, set over and delivered unto the mortgagee by separate deed or assignment, notwithstanding that the same may be satisfied and cancelled of record, it being the intention of the parties hereto that the same will be satisfied - and cancelled of record by the holders thereof at or about the time of the recording of this mortgage. 14. To pay all and singular the costs, charges and expenses, including lawyer's fees, incurred or paid at any .time by the mortgagee because of the failure. of the mortgagor 'to perform, comply with and abide by each and every the stipula- tions, agreements, conditions and covenants of said promissory note and this deed, or either, and every such payment shall bear interest from date at the rate of 15 per cent .per annum. 15. Upon the occurrence of the filing of an arrangement or proceeding in bankruptcy by or against mortgagor, initiation of insolvency proceedings by or against mortgagor, or assign- ment by mortgagor for benefit of mortgagor's creditors, all of the sums secured by this mortgage shall be immediately due and payable at the option of mortgagee, without notice or demand. 16. To pay to mortgagee with each. monthly payment an additional sum estimated by mortgagee to be equal to 1/12 of the annual cost of the following: a. All real property taxes levied or assessed against the above described real estate. b. Premiums on fire and windstorm insurance as herein required to be carried on the improvements situate on the above described premises. Mortgagee... shall. from time to_time_notify mortgagor_ in writing of the amount due and payable hereunder and such sum shall thereupon be due and payable on the due date of the next monthly payment and each successive month thereafter until mortgagee shall notify mortgagor of a change in such amount. Such sums shall be applied by mortgagee toward the payment of real property taxes and insurance premiums. 17. To the extent any items of the property or premises encumbered hereby shall constitute personal property, this mortgage shall be deemed a security agreement, and the mort- gagee shall have all the rights of a secured party under the Uniform Commercial Code of the State of Florida. 18. Mortgagor further covenants with mortgagee that any breach by mortgagor of the terms, provisions or covenants . of any separate construction loan agreement by and between mortgagor and mortgagee shall constitute a default hereunder, entitling mortgagee to accelerate the indebtedness secured hereby and to proceed to foreclose this mortgage. _ 19. Mortgagee may make or cause to be made reasonable entries upon and inspections of the property, provided that ~ mortgagee shall give mortgagor notice prior to any such inspec- tion specifying reasonable cause therefor related to mortgagee's interest in the property. - - -5- FEE. KOBLEGARD 8c TEEL, P. A. ATTORNEYS AT LAW ~ • POfT OPFICE BOX 1000 pp,,rr~ F T[L ~MONE`1a06) 461-s0~20~ /AY~ 1~ _