Loading...
HomeMy WebLinkAbout25314. To promptly pay all tszes and asssrssments asses~ed or lerial unde~ and by virtue of any state. [edeal, o~ municipsl law or re6ulatioa herea[ter passed, ayunsl Mort~saee upon ttui Nort~s~e or the debt t~eteby securod, w upun ils latercst unde~ this Mottgago, ptovidod hovrever, that the total amount so paid for any such laxcs puTwant to this puagnph tuaelher with the iaterest payabk on said indebtodneu shall aW exceed tht highesl lawful ate of interesl in Florida and ptovided Curthe~ that in the event o( the passaae of any such law or regulstion imposu~ ~ ux or anessment against Ma~tgagee upon this ~lortgagc~ or the debl secured hereby. that the entue indebtodneu securod by ihk Mort6a~a sha0 thereupon become imtaediately due and payabk at the option ot Idortaagte. S. To keep the Murtgagod Property insured aaaaainst loss o~ damaae by fire, ard aU perils insurod a6ainst by an exteaded coveage endorta ment, arid such other risks and perils u 1No~tgaaee in iu discretion may requira The policy or poticies of such insuranae shall be in tho [orm in genenl use from time to time in the locatity in which the Mortaagod Property is sitwtod. shaU be in such amouat u Yott~ee may reasonably requiee, shaU be izsued by a company or compania approved by Mortgaaee. and shaU coAt~in a standud mort6aaee clau~ with bss payabk to Mo-tgagee. Whenever roquined by Mortaayee, such policies, shaH be deliv~ered immodiately to and held by Moct~oe. Aay aad all amouats rooeired by Mortgagee unde~ any of such policies may be sppliod by Mortgagee on the iadebtedness securod hereby in such maaner as Mort~ee may, in its sok discrelion, etect o~, at the option of Mortgaaee, the entire amuunl so received or any put thereof may be [ekasod. Neither the appliation nor the rcleue of any such amouots shall cun or waive any default. Upoo exercise of the power ot sak aiven in this Mortgage or otder aoquiutioo of the Mortgaged Property or any patt thereof by Mongagee, such poticies slul! become the absolute properry of Mottaaeee. 6. To fint obtain the written consent of Mongagee, such consent to be granted or withheld at the sok disctetion of Mortgagee, betore (a) removin6 ot demolishing any building oow ot hercafter erected on the ptemises, (b) altering the unngement, design or structural chuactet thereof. (c) making any rcpairs which involve the remoral of structurd parts or the exposure of the interior of wch build'ug to the ekmenti, (d) cuttina or rcmuvi~~i or permitting the cut~ing and removal o[ any trees or timber on the Mottga6e~1 Property, (e) temovit~ or exchan6it~ any tu~bk personal property which is put of the MortgaRed Property. (~ enterin6 into ot modifying any kasa of the Mort6aEed P~operty ot (~ joia in or ronsent to any change in :oning of the Mortgaged Property. ~ 7. To maintain the Nortgagod Property in good condition and repair, includiag but not limitod to the making o[ such repairs u Mortgasce may from time to time determine to be na~essary Cor the p~eservatioa of the Mortgaged Propecty and to aot commit or pcrmit aay wute thereof; and Mortgagee shall have the right to inspect the Mortgaged Property oa roasonabk aotice to Mortgagor. 8. To comply with all laws, ordinanas, regulations, covenants, condiGons and restrictions affeetin6 the MortEaged Ptoperty, and aot to cause or permil any violauon thereof. 9. If Mortgagor faiLs to pay any claim, lien or encumbru~ce which is superior to this Mortgage, or whea due, any tax or assasmeat or insunnce premium, or to kcep the Mortgagod Property in repair. or shall canmit or permit waste, or it tdere be commenoed any actioa or pro- ceeding affecting the Mortgaged Property or the Gtk therelo, or We iatetest of 111ortaasee thereia. includinE, but not limited to, eminent domain and bankruptcy or reorganiution prooeedings, then Mortgagce~ at its option, may pay said claim, lien. enewabnnce, tu, astesUneat or premium. with right of subrogation thereunder, may rmke such repain and hke such steps u it deems adrisabk to preveat or cure such wute, and may appear in any such action or proceeding and retain oounsel therein, and take such actioa Werein u Mortgagee deems adrisabk, and for any of such purposes Mortgagee may advance such sums of moaey, including all msts, reuonabk attorney's fxs and otlxt items o[ expease aa it deems aw essary. Mortgagee shall be the sok judge of the kgality, validity and priority of any such claim. lien, encumbrana, tax sssessment and pcemium and of the amiwnt necessuy to be paid in satisfact~on theteof. Mortgagoe shall not be heW xcountabk for any delay in making any such payment, which delay may result in any additional interest, costs, chuges, expenses or otheiwise. I0. Mortgagor wiU pay to Mo~t~ee, immed"utely and without demand, all sums of money advanced by Mortgagee to Qrotect the security hercof Punuant to this Mortgage, including all costs, rcasonabk attomey's fees ancl other items of expense, together with interest on each such adrancement at the highest lawf~l rate of interest per annum allowed by the law of the State of 1=lorida, and all such sums and interest tdenon shall be securcd hercby_ 11. AU sums of money securcd hereby shall be payabk without any relief whaterer from any valwlion or appraisement laws. 12. If default be made in payment of any insUlment of principal or interest of the Note or any put thereof when due~ or in paymeat, when due, or any other sum secared hereby, or in performance of aay of Mortgagor's obligations, covemnts or agroements heteunder, all of the indebtalness securcd hereby siull becume and be immed"utely due and payabk at the option ot Murtgagee, without notioe or demand which ue hereby e~pteuly wtived, in whk~h event Mortgagee may avail itself of all righu ar~d remedies. at !aw or in equity, and this Mortgage may be foto- dosed with all rights and remodies afforded by the laws of Florida and Mortgagot sbaU pay all costs, charaes and expenses tLereot includina a reasonabk attomey's [ee, iacludina alt such costs, expernes and attorney's fees [ot wy retrial, rehqrin6 ot appealt. The indebtod4ess secured hereby shall bear interest at the highest lawful rate of interest per annum allowed by the law of the State of Fbrida from and after the date of any wch default of Mortgagor. If the Note provides for instalment payments, the Mortgagee may, at its option, rnlkrt a late charae u may be pro- vided for in the Note, to reimburse the Mortgagee for expenses in collectine and servicing such instalment payments 13. If default be made in payment, when due, of any indebtedness secured hereby, or in perfornunce of any o[.Mort~gor's obligatiorts, oovenants or agreement hereunder: (a) Moitgaga is authoriu~d at my time with notice, in its sok disctetion to eater upon and take posseuion ot ihe MortgaEed Property or my put thereof, to pedorm any acts Mortgagee deems necessary or proper to consern the security ud to collxt and teceive all nnts, issues and profits thercof, induding those put due u well u those accruing thereafter; and ~ (b) Mortgagoe shall be entitkd, u a matter of strict right, without notioe and exparte~ and without regard to the vabe ot occupancy of the security, ot the solvency of Mortgagor, or the adequacy of the Mortgagod Property u security for lhe Note. to have a reoeirer appointod to enter upon and take possession of the Mortba6ed Property, collect the rents ud profits therefrom and apply the same u the court may diteet, wch receiver to tuve a0 the rights and powea permitted under the laws of Fbrida !n either such case, Mortgagee or the ~eceirer may also taice possessioa of, and for thcse purposes use. wy and aIl pecsonal ptoperty which is a part of the Mortgagod Property and used by Mortgagor in thc rental or kuing ihercof or any put thereof. The expease (including receiver's [as, cou~el fees, costs and agent's compensation) incurced purwant to the powen herein contained shall be secured hereby. Mortgaaee shaU (after payment of all costs and expenses incurred) apply such reats, iswes and profits receivod by it on the indebtedness secured hereby in such order u Mortgagee determines. T6e right to rnter and take possession of the Mottg~ed Property, to nuna~e and opetate the same, and to collect the rents, issues and profils thereof, whether by a receiver or othervvise, shall be cnmulative to any other right or remedy herwader or afforded by law, and may be exercised con~urtently therewith or independenUy thercof. Murisagee s1u11 be Iiabk to account ody for such rents~ iswes and profits actually reoeired by Mortgagee. • 14_ If the indebtedness secured hereby is now or hereafter further ucured by chattel morigaga, security interests, ftnancing statements, pledges, contracts of guuanty, assignments of kua, or other securities, or if the Mortgaged Ptoperty hereby encumbered coasists of mote than one pucel of real propetty, Mortaagee may at its option exhaust any one or more of said securities and secutity hercunder. or such pucels of the security hercunder. either concurreatly or independently, and in such order u it may detertnine. ~ made at the option of Mortgagee, ot otherwise, u are made within tweaty (20) years ftom the datc hereof, to ihe same exteat u if s re ~ advances werc made on the date of the execution of this Mortgaae, but such secuted indebtedness sfuU oot acoad at any time imum ' $.~ 347 Pa~~ 2525 :, -z_ r : ~ ~ ~. _ : ~ ~ 5 ~ -°~'~.''sd,.^i`~fr.i-~rh.w.~ ~~=,. .-,.-. _. - ~.~~ . ~. "~.~c~a~' .~;'f~Y~"