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HomeMy WebLinkAbout1257~~ ae•enunt to p;}y xuch c~l)tjj~{,•s when due slum) ~,e a+id by lliortgagor to Mortgagee un demand. It, by reason of any deL•wh by lliortgugor under any IirlSl•-sion ot•~hia~Il~tfsl4~uge, Mortgagee declares all sums se•c•ured hereby to I,e due and payable, Mortgagee m:-y then apj+ly shy tundt in ot-!d rYOCOUnt against the entire indebtedness secured hereby. The enforceability of the covenants relating to taxes, assessments and insurance premiums heroin otherwise provided shall not be affected except insot:+r as those obligations hove been met by compliance with this purngraph. Mortgagee may from time to time ul its option waive, and otter any such w:-iver reinstate, any or :-Il provisions hereof requiring such deposits, by notice to 1liortg:-gor in writing- While any such waiver is in etfec•t, Mortgagor shall Iwy tuxenc, assessments and insurnnce premiums as herein elsewhere provided. 4. , To promptly I,:-y all taxes and assessments assessed or levied under and by virtue of any state, (edrr.+l, or munic•il,:d law or regulation hereafter passed, against Mortgagee ulwn this Mortgage or the debt hereby see•ured, or upon its interest under this Mortgage, provided however, that the total amount so Imid for any such taxes pursuant to this Imr.-grnph togeth- er with the interest 1>s-yable on said indebtedness shall not cacecd the highest lawful rnle of interest in Florid:+ and provided further th:+t in the event of the passage of any such law or regulation imtxsing a tax or assessment against Mortgagee up• un this Mortgage or the debt secured hereby, that the entire indebtednesx sec•und by Ibis 1liortg:+ge sh:dl thereutx,n I,e- come immediately due and payable at the option of Mortgagee. 5. To keep the Mortgaged Property insured against loss or dan+:+ge by fire, and all t,erils insured against 1-y an ex- truded coverage endorsement, and such other risks and perils as Mortgagee in its discretion may require. The policy or policies of such incur+nce shall be in the Corm in genera+l use from time to time in the locality in which the Morig:+ged Property is situated, sh:-11 be in such :+mount as Mortgagee may reasonably require, shall be issued by a coml,:-ny or coml,anies approved by Morigagee, and shall contain a st:+ndarcl mortgagee clause w-lh Ions payable to Mortgagee. When- ever required by Mortgagee, such policies, shall t,e delivered immediately to and held by Mortgagee. Any and all amounts received by Mortgagee under any of such Iolicies may I-e applied I-v Aiorigagee 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 p:+rt thereof 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 s:-ie given in this Mortgage or other acquisition of the Mortgaged Property or any t>Ari there- of by Mortgagee, such twliciea shall become the al,solute prol+eriy of 14iortgagee. 6. To first obtain the written consent of Mortgagee, such cronsent to t-e granted or withheld ut the sole disc•retiun of i\iorigagee, before (a) removing or demolishing any building now or hereafter ercY•ted on the premises, (1,1 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 I,er•mitting the cutting and re- moval of any trees or timber on the Mortgaged Property, le) removing or exchanging any tangible tersonal property which i~ p:+ri of the Mortgaged Property, or 1f1 entering into or mortifying any leases of the Mortgaged Property. 7. To maintain the Mortgaged Property in good condition and relwir, including t,ut not limited to the rn:+king of such rep:+irx :+s Mortg:gee m:-y from time to time determine to t,e necess:+ry for the preservation of the 1liorigaged Property and to not commit or permit any W:+ste thereof. R. To comply with all 1:+w•s, ordinances, regulations, covenants, conditions and nstrirtinns atfer•ting the Aiorigagcrl Property, and not to suffer or t,ermit any violation thereof. 9. It Mortgagor tails to p:+y am• claim, lien or enruml-r.+ner which is superior to this Mortgage, or when due, any tax or assessment or insurance premium, or to keep the Mortgaged Prot+erty in ret,:+ir, or shall cornmit or permit waste, ur if there be commenced any action or pra•eeding affecting the Mortgaged Property or the title thereto, or the interest of Mortgagee therein, including, 1-ut not limited lo, eminent domain and bankruptcy or reorganization pra•eedings, then Mortgagee, at its option, may pay said claim, lien, enc•umbrancr, tax, assessment or premium, with right of subrogation thereunder, may make such rel,:,irs and take such steps as it deems advis:-ble to prevent or cure such waste, and may appear in soy such action or pra•eeding and retain counsel therein, and take such action therein as 1ltortgagee deems ad- visable, and for any of such purposes Mortgagee may advance such sums of money, including all casts, reason:+Me attorney's fees and other items of expense :+s it deems necessary. Mortgagee shall be the sole judge of the legality, validity and priority of any such claim, lien, encumbr<+nce, tax, assessment and premium and of the amount necess:ry to he paid in satisfaction thereof. Mortgagee shall not he held accountable for any delay in making any such p:+yment, which delay may resuh in any additional interest, costs, charges, expenses or otherwise. 10. Mortgagor will {,:ry to \iortgagee, immediately and without demand, all sums of money advanc•cd by Mortgagee to protect the security hereof pursuant to this Mortgage, including :111 costs, reasonable ~tlorney's tees :+nd other items of expense, together with interest on each such advamrment at the highest (awful rate of interest per annum. in the State of Florida, and all such sums and interest thereon shall be secured hereby. 11. All sums n( money se•c•ured hereby shall be payable without any relief whatever from any valuation or appr.+isr- ment laws. 12. If default tee m:+de in payment of any inst:+Iment of princip:+l or interest of the Note or any p:+rt thereof when due, or in payment, when due, or any other sum secured hereby, or in performance of any of Mortgagor's obligations, coven- :+nts or :+greements hereunder, :+11 of the indebtedness secured hereby shall hec•ome and be immedi:+tely 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 eyuily, and this Mortgage may t,e foreclosed veith all rights and remedies afforcled by the laws of Florida and Mortgagor shall t>:+y all costs, charges and expenses thereof, including a reasonable attorney's fee, including all such costs, expenses and attorney's fees for any retrial, rehearing or appeals. The indeMedness secured hereby sh:dl fear 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 F,e made in payment, when due, of any indebtedness secured hereby, or in performance of any of :~iortgagor•s obligations, covenants or agreement hereunder: 1:+) Mortgagee is authorized at any time, without notice, in its sole discretion to enter ul,on and t:-ke Iossession of the Mortgaged Property or any I,ari thereof, to I,erform any acts Mortgagee deems necessary or proper to conserve the security and to collect and «rrive all rents, i_,csues and profits thereof, including those p<•+st due as well as those accruing thereafter: and Ih) Mortgagee shall I,e entitled, as a matter of strict right, without notice and exparie, and without regard to the value or occupancy of the security, or the solvency of lbiorigagor, or the adequacy of the Mortgaged Property as security for the Note, to have a receiver appointed to enter upon and take tx>ssession 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 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 ~ personal property which is a part of the Mortgaged Property and used by Mortgagor in the rental or leasing thereof or :+ny t+ari thereof. The expense (including receiver's fees, counsel fees, costs and agent's compensation) incurred pursuant to the powers herein contained shall be secured hereby. tllorigagee shall tatter payment of all costs and expenses incurred- -2- - ~0~3~4 p~i~'~7 • ~,