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HomeMy WebLinkAbout21893. Ia ~ To properly care tor aod kerp the premisea ~n good coaditioa and repair; lb1 not to remove or demol~ah any building or impmve- ments thereon w~thout the wr~ttan rnnseat o( MoHgagee; lcl W complete in e good and workmenlike msnner any building which may be rnnatruNed the~eoa and to pay whrn due all claims t~ labor pertormed and materials furniahed therefor, ~dl to comply with all laws, ordinancea. regulations, covenanls, conditiona and rest~ictionx aHecting the premises, a~d not to suHer or permit any v~olation thercrot; le- to allow Mortgagee W iaspect the premises at an reaaonable lime' 1t1 nol to commit or permit any waate or deteriwation ot the pre- mises;lg- and to do aay act or acta, all m a timely ~pmper manne~, whicl~, trom the character or uee ot the premiaea, may 6e ~raaonubly necesaary to pmtect and preserve said premiaes, the sper~fic enutneratione herein not limiting the (Ceaeral. 4. To pay when due, and withoutrequiring any notice trom Mortgagee. all ta:es, assxrsameata of any type or nalure, and other charges levied or assesaed againat the premisea he~eby encumbered and produce rece~pts theretor upon demand. lf tax depos~ta arerequind by MoRgagee in accordance with Morlgagor s Cove~ant No. 6, Mortgago~ e primary I~ebility for taxes as he~ein at~pulated ahall remain in [ull [orce and eHeet aa herein prnv~ded, a!t!-ough t4re pmviaions of se~d last menUoned covenant ahall govern as W deposita aed pay- ments there[rom by Mortgagee. _ . . 5. To keep the building and improvementa now atanding or hereaf ter erected uQon the morigaged Qteoniaea aad any and sll spperatna, fixtures and appurtenance~ now or hereatter in or attached to xa~d buildinqe or ~mprovementa ~naured against loes or damage by fire and suth other harerds as Idortgagee may f~om time to time require, all sueh insurance to be in torma, in eompaniea and in eums lnot less than su6cient to avoid sny claim on the part ot the inaurers tur co-insurance~ satiafactory to Mortgagee; that all insurancepo licies shall M held by and shall be (or the benefit oi and firat payable in case oi loes to Mortgagee, and that at least 6iteen daya be(ore the expiration of each such policy, a oew and aut6cient policy W take the place of the one so expiring ahall be delivered to Morigagee. Moriga or hereby assigns to Mortgag~e ali moneya rec~overable under each suchpo licy, and agreea that in the event ot a loas the amount collec~ under any policy ot insuranoe on aaid property may, at the option ot the Morigagee, be applied by Mortgagee upon any indebted- ness andlor ob]igation secured hereby and in such order as Mortgagee may determine: or said amount or any portion thereot may, at tF~e option ot Mortgagee, either be u~ed in replacing, repairing or resWring the imprnvementa partially or totally deatroyed w a condition satisfactory• to Mortgagee, or be released to Morigagor, in either or which events the Mortgagee shall not be obligated to see to tl~e proper application thereot: nor shall the amount so relea9ed or used be deemed a payment on any ~ndebtedness secured hereby. It ie turther aqreed that upon foreclasure sale the title to all insurance held by or tor Mortgagee shatl pass to the toreclosure purchaser, and Martgagee is empowered in the name of I-tortgagor to ezecute aay instrument which may be necessary to vest the title W auch insurance in such toreclosurn purchaser. 6. I( required by :~lortgagee, Mortgagor shatl also make monthly depos~tn with Mortgagee, in a non-interest bearing account, together with and in addition to interest and principal installments, of an amount equal to the tazes, assessments and governmental charges which may be levied or assessed against the premises, and insurance premiums next due, less amount already deposited therntor. divided by the number of months to elapae prior to the date when such taxes, assessments, governmental charges and insurance premiums Nifl become due and pavable. The amount of such t~es, assessments, governmentat charges and insurance premiums, when unknown, may be estimated by 11~ortgagee. Such deposits shall be used Ay Mortgagee to pay such taxes, assessments, governmental charges and ~nsurance premiums w~hen due. Anv inaufliciency ot such account to pay such charqes when due shall be paid by Mortgagor to Mortgagee on demand. If there is any default by Mortgagor under any provisions o[ th~s mortgage and Mortgagee declares ail sums secured hereby to be due and pavable. Mortgagee may then apply any funda in said account against the indebtedness aecured hereby in such manner as Mortagee may elect. The entorceabi{ity oi the convenants rnlating to ta:es, assessments, governmental charges and insurance coverage herein otherw~se provided shall not be aHected except insotar as those obligations have been met bv compl~ance with this paragraph. ~fortgagee ma~ from time to time at it~ optio~ Naive, and atter any such v-aiver, reinstate, anv or all provisions hereof reyuiring such drpacits by notice to Mortgagor in writing. While any such wa~ver ~s in eRect Mo~tgagor shall pay taxts, assessments, governmental charges and insura~ce premiumx as herein elsewhere provided. 7. To pay all charges or debts and interest thereon which constitute charges or hens of eyual rank w•ith or have any prefrrence or pnoritc over ihe lien oi this mortgage: all ca:ts, fees and e:penses, including cost oi evidence oi titlr, court costs, reasonabte attorney's tee~ i not excredmg amount permitted by lav- ~ mcurred by Mort agee in en(orcing the provisions of thia mortgage, or in detend~ng or intervrning in an~• action afiecting or purporting to afiect any of t~e property covered by this morlgage, or the priority or ~alidity of this mortgage, whether brought by or against btortgagor o~ MortgaRee. 8. To promptly pay all ta:es and assessments assesced or levied under and bv virtuc of any statr, federal or municipal law• or regu- lation herea(ter passed against Mortgagee upon this mortgage or the debt hereby :;ecured, or upon its mterest under this mortgagr, pro~ ided however, that such payment is not uniawiul_ In the event of the passage of any• such lave or regulation providing tor any tax. a_ccrssment or charge which could not lawfully be paid by Mortgago~, the ent~re indebtednesti secured by this mortgage shatl thereupon become ~mmediatrh~ due and payable at the option of Mortgagee. 9. To repay immediateh•. K•ithout demand, all sum~ of money ad~~ancrd or expc•nd~d by 11ortKagre pur+uant to this mortqaqe, vc~th intere3t thereon trom the date of advancement unti{ repaid at the rate of ~ t~10 ~ per cent ~ 2 r~ per annum. OVer t~ all of w•hich sums shaU be srcured hereby and shall be payable (onhK~~~h. t~ CBr:'!At intere~t rite 10. Should Nortgagor Iail or refuse to make any pa}•ment or do any act vehich Nortgagor is obligatrd hereunder to make or do. ~t the time and in the manner here~n provided, then ~lortgagrr may, without nrcess~t} ot notice or demand upon ~tortgaqor, and without - relea~ing ~tortKagor ftom any obYgation he~eunder. ~a~ make or do thr samr in such manner and to snch extent as Mortgagee may deem adv~sable artd adr•ance such sums ot money tor that purpo~e as by MortgaKee mav be deemed necesSan•' ~b~ pay, purchase, contest or •• comprom-:~e any claim, debt, lien, char~r or incumbrance wh~ch adversriy afiect t~r premi~es coverrd b}• thia mortgage or the lien or c•alidity of thi~ murEgage. 11. ~ny,breac~ or default b~•,~tuctga~or uncier the p.-!~v~swns o( an> A.s~y:nmrnt ot I.rase, or Ixases. At th~• prem~ses gn~en r~ :~dd~- honal ~~~cunh~ (or the pa.~m~•nt Af th~~ mdebt~~elne~.c u~cured hrreb~~. or any~ ~a~lurr ot UortKaKor ro(ulh• pmtect, insure, pn•~•r~~~• and c.+u~e• cunttnurd {H•rtorm:-r.cr and fulfillmc•ni uf ihe t~~rms. mm•enant~ nr pro~-i~wns in said leas~•~s~ reyuired to tK~ pi~rformed ur fulfill~d by thr !w•,..E•e~. ..h.~ll rr~n~titut~~ :i dt•fault her~~undrr :ind at the option o( ~lortgaq~r~ all unpaid pnncipal :~nd accrui~d intrr~•st on the notc• ~~cumd by thi~ m~rrtKaK~•.hall. not withat.~nd~ng an}•think m the• n~~t~• or ~n this mortKaKt• to the rnntran•, beromr imm~•diatclc due.~nd p:i~abl, 1'l. If drfault be madf• ~n the paymi•nt of am• ~nstallme•nt o( pnncipal or intere~t of sa~d notF or am~ part therco( w~hen due, ot in pa~m~~nt, hht•n due, of an~• other sum ;~~currd h~•reb •, or m pertormance of am• of \fortgagor's obligations, covenants or agreements here- undt~r, all u( thr ~ndebtrc~nrss -rcumd herrby~ shal~ brcume and be ~mmediately due and payable at the opt+on ot !~1ortKagee. vrithu~jt noUm or demand w•h~ch are hereby exp~eacly xa~ved, in Mh~ch e~•ent ~fortgagee may~ a~•ail ~tie1E of all rigM~ and remedirs. at law~ or ~n eyuit}~, and this mortg:~gr may be foreclu;rd vcith all nghts and remedies afiarded by the laws of Florida and 4lortgagor shall pay ali crwtv, charges~and espen.9es ther~of, iAclu~inQ a reasonable attorney's fee. ~ 13, In the r~•ent Jtorytagor ~hall. w.ithout hlortgaKer's ~ntten cu~sent, sell, convey ur alirnate the mortgaged premises, or any part thereof, or am- inten•st therein. or if the ~i~le thereto sht~ll ~~come vestid in ans other party than ~iortgagor m an~• manner w•hat- , ,oev~~r, the not~• and obl~gatiorts secured b~ tkis rne~tQaqe. ~rrespcrti~e ef cF1e maturity datr~ exprtssed lherein, at the opt ion of MortgeR~~e~. and w•ithout drm.ind or nntin•..hall ~mmed~atel~• becom~• duE• and pay:~blF•. 1-1 In tht• r~•~mt am• party~ liabli~ for thr pa~~m~mt o( th~~ indebtedn~:~~ :ecund hrrebv. or am part the~eot, bles a~oluntary petition ~n bankruptc}•. makrs an .~c5ignment tor the fx nefit o( am• cmd~tur, or ~c dc•clared b~nkrupt or in.wlvent, or it a credrtor's or debtor ~ pi•tit~on afii~ct~nR said p~vpert~, filed pursuant to the provis:ons ot the Bankruptcv Act, as amended, is approved. or it the premi~s, or any part thereo( an• placrd under the rnntml or in the custody nt any~ court, ur if I1lortgagc~e ~hall be made a part}• to or ~hall intervene +n any action or proceeding afieMing the P~em~ses or the title therrto or thf• interest of ~~ortgaqee under this mortgage, then, in either or any o( ~aid events, 1ltwigaqee rinay. at~lfa'bptioh. hAve th~ aame r~gh~g and remedies as ii de(ault were made in the payment ot thc note secured hereby, or anv installment of prineipal or intetegt thrreon. and shall have the further right, at its option, to appear in and de(end and protect its r~ght and intrrest under any euch acti~-n or procredinR, and MorlgaRor aqrees to ay, upon demand. al{ costa and + ~~x{x•mf~s. includinK reasonable attorney's (f~~~~s, w•h~ch ma~~ be advanced or incurrrd by 11ortKaKeti~, and a1P~uch amoun~c ~haU twr a lien on th~• :a~d premisr~ ar,~i ,ecumd by tMs mortKage. 15- In ttn~ r~~•at the premises, or any part thereof. ~re taken under thepu wer 6f r}n~nenl domain,.th~ enUre award, both leasehold and revrrsion. tiut ~~xcept in~ that (or busint•S.y loss« to tenants orlrcu~ s. sha11 be paid to 1i1~~rt~agee, and 4Sortgagc~r ~r hereby empowercd in thr nam~ of blortQaRor to receive and Ri~•r acquift:incP for anc award oi- judKment mndered incide•nt therPto. w•hether joint or sevrral. ~tortKaKre may app{r• all such sums or any part there~of so mrnrvrd, af i~•r the pay~ment of all ot ~G~ expen.ses. ~ncluding coectg and attorney; G•~•s. un th~• indebt~~nr.~ .t~cur~d 6~•reby ~n such mannt~r ac it ~~lects, or. at ~ts option, the c•ntire amoant or am part thereof so recei~ed mav M• rc~{t•a~rd. 16 In the event ~1ortKaKor he•mafter execut~•s :~n~ Icase, ur Ica:a•.. of :~II or any port~on o( th~• mortgaK~d premises, Mortgagor. upm de•mand hy ~tortKaKer, vri11 ~•xrcutt~ arui dNh~er to ~1orlKaKee• ax,~Knments of ~uch lease or lrascs a~ addihonal collateral .ecunty (or thf~ p:~cm~mt of th~• indeM~~dn~:~• se•eun~.1 hy th~. murt~;aKe~. ~ ,! ~K 34~ Q~;E ~~~3 _ .__~ _ .. . -- ..~._._. ~ -.. _. ._. . 3