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HomeMy WebLinkAbout0644 13. If foreclosure proceedings of-any.second mortgage or second trust deed or any 3unior lien of any kind should be instituted, the Association may at its option immediately or thereafter declare this mortgage and the indebtedness secured hereby due and payable. ~ - 14. To the extent of the indebtedness of the mortgagor to the Associa- tion described herein or secured hereby the Association is hereby subrogated to the lien or liens and to the rights of the owners and holders thereof of each and every mortgage, lien or other encumbrance on the land described here- in which is paid and/or satisfied, in whole or in part, out of .the proceeds of the loan described herein or secured hereby, and the respective liens of said mortgages, liens or other encu~rances shall be and the same and each of them hereby is preserved and shall pass to and be held by the Association herein as security for the indebtedness to the Association 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 Association had it been duly and regularly assigned, transferred, set over and delivered unto the Associa- tion by separate deed or assignment, notwithstanding that the same may be satisfied and cancelled of record, it being the intention of the parties here- to 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. 15. To pay all and singular the .costs, charges and expenses, including lawyer's fees, incurred or paid at any time by the Association because of the failure of the mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said pro- missory note and this deed, or either, and every such payment shall bear in- terest from date at the rate of fifteen per cent (15) per annum. 16. Upon the occurrence of the filing of an arrangement or proceeding in bankruptcy by or against any mortgagor, initiation of insolvency proceed- ings by or against any mortgagor, or assignment by any mortgagor for benefit of a mortgagor's creditors, all of the suns secured by this mortgage shall be immediately due and payable at the option of mortgagee, without notice or demand. 17. 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~follow- ing: - a. All real property taxes levied or assessed against the above described real estate. - b. Premiums on fire and windstorm insurance as herei n re- i ~ quired 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 dale of the next monthly payment and each successive month thereafter until mortgagee shall notify mortgagor of a change in such amount. Such suns shall be applied by mortgagee toward the payment of real property taxes and insurance premiums. 18. 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 mortgagee shall have all the rights of a secured party under the Uniform Commercial Code of the State of Florida. IN WITNESS WHEREOF, the mortgagor has caused this mortgage and security agreement to be executed in their names and thereunto duly authorized, all on the day and year first above written. ~ i -4- ~ • . ~ f i P~ 644 _