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Home My WebLink About2759. ••~`~s~ _ . • 4•• ~ .. . •.~~~ . a~r~~unt tu {x~y sui•h ~•harKrs when due sha~ll IK+ ~u~id by Mo~igagu~ tu Mo~igugc~c on demund. 1(, I~y m.~wn o( :~oy dctaull by Mortgngor under +~oy provision ot this Mortg++ge. Morlgugee declurea nll sums secund hemhy to I~e due and ~u~yable, Morlgugee may then apply i~ny tunds in si~id nceou~l .~guinst lhe entire indeb/edness se~•urecl hemby. The entonrt~bilily ot the invenants reluting to lnxes, i~sar.~ame~ts ~nd insun~nce premiuma herein othen+rise provided shull not Le uttected ex~rpl insotur us those ol,ligationa have been inet by compliance with this pz,ruR~aph. MortRaRee nu~y trom time to time at ita oplion veaive, nnd »tter uny such wuive~ reinsti~te, s~ny or ull provisions hereof requiring such depoxita, by nutice to Mortgagor i~ wnting. While uny such ~wui~~er is in e((ect, MurtgaBor ahull {wy tuxes, uxsrxemenla und inaumm~e premiuma :~s herein elaewhere provided. 4. • To prompUy puy all tuxes and :~+s~~menl~ axu:~w.d or Icvi~d unJer :~nd by virtue of :~ny state, teclend, or muni~•i~~:d luw or mgulnlion hereaftec pussed, agninal Morlgugee u~~on lhis MoHguge or the debt herrby secured, or u~wn its ~nlerest under this Mortgugr, pro~~ided howrver, lht-t the totiil amount so {-aid tor any auch t.~xrs pursu:~nt to this ~ki~axr~ph togeth- er wilh lhe intemst ~x~yaible on said indebtedney.w sh.-11 not e:ceed the highrst I~wtul r.~tr of inten~st in F lorida and providecl further ttwt io the e~•ent of the {xi~s:~ge ot any such law or regulation im~osing a lnx or assc:~menl :~giilll3~ ~~nHRI1RPQ U~)- on this Mortgage or Ihe debt ~•un.~d hereby, Ihal the entirn indebtedncs4 sc~c•ured by thiv Mortg:~Re sh:~U themu~x~n t~e- come immedialely due aod ~k~yable at thc o~~tion of MoHgagee. 5. To keep the Mortgaged Properiy insured ag.~inst losc or damage by fim, and all perils insumd aBuinsl by ao ez- tended ca~~erage endor.crmenl, and su~•h other risks und periis as Morlgugee in its discretion nu+y requem. 'I'he ~wlicy or ~~olicies ot such insurance ah:ill be in the form in gener.~l use (rom time lo time in the loculity in which the Mortgiiged Yro{~erty is situ.dcd, shull !-e in such a~mount as MoHgaR~ muy reasonably require, shall be isvued hy n com~x~ny or companies approved by 111ortgager, and shall cuntuin .~ slandard morlg.~gee cl:~use wilh loss p~yable to 1Nortgagee. When- ever required by Mortg.~gc~, such ~~olicies, shull t,e deli~•emcl immedintely lo and held by Mortgagee. Any ~nd all amounts rc~rived by 111oHgagee under any of su~•h {~olicies may 1~ .~pplied by MoHgugee on the indehtedness secured hemby in su~~h manner :is MorlgaRee m.iy, in its sole discretion, elect or, :d the option of MortgaRee, the entim :~mount so re~rived or any ~k~rt thereof mny t-e mleased. Neither the applic~tion nor the release of any such nmounts shall ~•ure or wnive any deti~ult. Upon exercise of the ~~ower of sale given in this Mortgage or other acquisition ot the Mor/gaKed Pro~~crty or nny part thetr- of by Morlg~gee, xuch ~~olicies shaU tx~rome the ~hsolate ptoperty o( Mortgagee. fi. To first obtnin !he written consenl of Morlgagee, sui•h con~ent to be RraMed or withheld at the sole dise•mtion of Morlgagee, be(ote (a- removing or demolishing :my buildinR now or hematter en~•ted on the pmmises, Ibl altering the arr.~ngement, design or structural character thereot, (c) making any m~~airs which im•ol~•e the removal ot structural ~u~rts or the exposure of the interior ot such building to the elements. (d1 cutting or removing or ~~ermitting the cuttinR and re- mo~~al o( any trees or timber on the Mortgaged Property, (e) removing or exchanging any. tangible personal property which is ~k~H of ihe Mortgagecf Pro~~eHy, or (() entering into or modifyina any leases o( the MortRaRed Pro~~erly. . T, To maintain the MoHgaged Pro~~erty in Rood condition and re~x~ir, including but not limited to the makinR o( such re~k~irs :~s Mortgagee may from time lo time determine to 1-e necessary tor the ~~reserv:dion o( the MortRaged Pro~~erty nnd to not commit or ~~ermit nny waste thereot. 8. To comply with all I~ws, ordinances, rrgulations, ~-orenants, ~•onditions and mstrictions at(ecfinR the I-lortgaRecl Pro~~erty, and not to sufter or ~~ertnit any violation thereoL ~ 9_ I( Alortgagor f.iils to ~-:~y any cl:~im, lien or ernvmbrane•e whii•h is su~~erior to this 1~lortgaRe, or vvhen due, any tax or asse~ment or insur.~nce premium, or to keep the MortgaRed Property in re~r.+ir, or shall commil or ~~ermit ~vaste, or if there 1-e commenced any :fction or prm•eecfing a(fen•ting the Mortgaged Pro~~erty or the title thereto, or the interest of 1~'IortgaRee therein, including, but not limited lo, eminent dom:~in :~nd b:~nkruptcy or reorRaniz:-tion proceedinRs, then Mortgagee, at its option, m:iy ~k-~y s~id ciaim, lien,_ encumbran~•e, taz. ~ssessment or ~~remium, with right of subio~ation thereunder, m»y make such re~k~irs and take such ste~~s :~s it deems ad.•is:+ble to pre~•ent or ivre such waste, and may .ippear in any such action or proceeding and retain counsel therein, and take such action themin as MorlRagee deems :id- visable, and for any of xuch purywst~x l~fortgagee may advam•e such sums ot money, including all costs, reasonable attorney's fees and other items of ex~~ense as it deems necess:iry. 111ortgagee sh:~ll he the sole judge of the legality, validity and priority ot any such claim, lien, encumbrance, tax, :~ssessment and premium and of th~- amount ncr-essary to be ~-aid in satis(action thereof. Mortgagee shall not tie held accountable for any del:~y in m:~kinR any su~•h {k~yment, whicfi delay m:~y result in .iny additional interest, costs, charRes, ex~~enses or olherwise. 10. MortRagor will ~k-~y to Mort~aQee, immedialely and w~ithout demand, all sums ot money ad~~ani~cd by MortK~~R~ to protect the security hereof pursuant to this Mortgage, including all rosts, reasonable attorney's fees ~nd other items ot expense, to~ether vrith interest on each such ad~~ancement at the hiRhest lnw(ul nte of interest ~~er annum in the St~te o( Florida, and all such sums and interest thereon sh:~ll he scr•ured hereby. 11. All sums ot money sc~c'ured hereby shall 1~ ~H~yable wilhout any relie( vehatrver from any valuation or appraise- ment laws. ~ 12. If det:~ult t-e made in payment o( any instalment o( princip:d or interes;t of the Note or any part thereo( when due, or in ~~ymenl, when due, or any other sum ~ecured hernFry, or in performance ot any oi Morigagor's obligations, coven- ants or agrermenls hereunder, all ot the indebtedness 4ecured hereby sh:ill become and t-e immediately due and ~-ayable at the option of b'lorigaqee, without notice or demand whi~•h are hereby expressly wai~ed, in whi~•h e~•ent MortRagee m:~y a~~ail itsel( ot all rights and remedies, al law or in equity, and this 1~lorigage may be forec•losed with all rights and remedies afforded by the laws of Florida and Mortqagor shall pay aU costs, charges and expenses thereo(, including a reasonable attorney's tee, including all such costs, expensrs and attorney's tees for any retrial, rehearing or appeals. ThP indebledness secured hembY shall t-ear interest at lhe highest lawtul rate of interest per annum in the State o( Florida from and atter lhe date of any such detault o( Mortgagor. It the Note provides (or instalment ~~ayments, the hlortgagee may, :~t its option, collecl a late charge not to exceed two cents for each one .dollar not ~wid to the 1~lortgaRee when due, to reimburse the 111ortgagee tor expenses in collecting and servicing such instalment payments. 13. I( default he made in payment, when due, ot any indebtedness sec-ure•d hereby, or in ~ierform:incp o( any ot hlortQaRor's obliRations, covenants or :~Kreement hemunder lal 111orlRaRee is authorized at any time, without notice, in its sole discretion to enter u~~on and lake ~~osses~ion o( the Alortgaged Property or any part thereof, to ~~erform any acts MortRaRee deems neces.gary or pro~~er lo consen•e the security and to collect and receive all mnts, issues :~nd pro(iLR thereo(, including those p:~st due as well .~s those aerruing thereafter, and (b1 Mortgagee shall F-e entitled, as a matter o( stri~t r~ght, without notice and exparte, and without regard to the value or ocrupancy of the securily, or the soh•ency of Mortg:~Ror, or the adequacy ot the Mortgaged Property as security (or the Note, to h:~ve a re~~ei~~er ap~~ointed to enter upon and take possecaion of the MortRaged Property, collect the rents and profits therefrom and apply the w~me ac the ~•ourt may dire~-t, such receiver to have all the rights and powers permitted under the laws o( Florida. In e~ther such ~•.i~e, Mortgagee or the receivrr may also take po.4session ot, and tor thPSe purposes use, any and all ~~ersonal pm~-erty which is a ~~.~rt o( the 141ortgaged Pro~~erty and used by Mortgagor in the rental or leasing thereo( or any part thereot. The ezpense (including receiver's fees, counsel tees, costs and agrnt's compensation) incurred pursuant to the powers herein contained shall be secured hernby. 111ortgagee ahail (atter payment o( all coets and e:penses incutred) -2- sn~K346 PaCEz~54