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HomeMy WebLinkAbout2749u~rount to Eu~y such charges whe~ due ah:~ll I~e ~-:~id hy Mortgugor lo Morigugee un demt~nd. !t, by muxun ot any detuuit by Mortgagor unde~ any provieion of thia Mortgs+ge, Mong,~Ree dc~•Inres ull runix xec•ured hereby to he due and payuble, Mortgagee may lhc+n apply any funds in snid ucrount aqainst the entire indebtednrss secured hereby. The entorceability o( the covena~b relating to tnxes. as~eaaments and insuraoce pmmiutnr herein olhemire provided shell not be atterted except inso(ar as thwe obligationa have bee~ met by compliance wilh this paragraph. Murtgagee muy from time to time xt its option waive. and attsr any auch waiver reinstate. any or +ill provisions hereof requiring such deposita, by nolice to Mortg~gor in writing. W.hile any auch wai~•er is in effect, Mortgagor ahall ~wy taxes, ause~smenta and insunince premiums i~s herei~ elaewhere pmvided. • 4. To pwmptly pay uQ tt~xes und asseaxrnents useessed or Irvied unde~ and by virtue ot siny atAte, (eilen~l, or municipnl law or reguWtion hereatter {wssed, against MoHgugee u~~on this Morigage or the debt hereby secund, or u~wn ita inlemat under this Morlgage, provided howeve~, that the totul amount so Ewid tor pny such tnzee ~wrauant lo this paragraph togeth- •er with the intereat pa~yuble on said i~ldebtednesa shull not exceed the highrat liiwful rute of interest in Floridx and provided furthe~ tlwt in the evenl o( the {xus:~ge o( any such Inw or ~egulatiun imNosing A taz o~ ~ssessment ag~inst MoriqARee up- on this Mortgt~ge or the debt secured herehy, that lhe entirn indebtedness secuced by thia MoHgt~ge shuU thereu~~on be- ihme immediately due and payable at the option of Mortgagee_ 5. To keep the Mortg~ged Pmperiy insured against losac or dnm:ige by fi-e, nnd all perila insured against by an ex- lended coverage endoraement, and such olher riaks und perils as Mortgagee in ila discretion may require. The policy or policies ot such insurtince shall be in the torm in general use from time to time in the locality in which the Mortgaged Property is ailuated, ahall t-e in such amount aa Mortgagee may reasonubly require, shall be issued by a rnmpany or rom~wnies approved by Mortgugee, and shnll contuin a atandard mortgagee clauae with loa~s ~wyable to MortRagee. When- ever required by Morigagee, such policies, ahull be delivered immedialely to and held by Mortgagec. Any and all amounta re~r.ived by Mortg~gee under nny of such policies may he applied by Mortgagee on the indebtednesa s~rurec) heteby in auch mAnner as Mortgagee may, in ils eole diacretion, elect or, a! fhe option of Mortgagee, the enlire amount so received or any part thereof may be released. Neither the application nor the relense of any such amounts shall cure or weive any default. Upon e:ercise o( the power o( sale given in this Mortgage or other acquisition ot the Mortgs~ged Property or rny patt there- ot by Mortgagee, such policies shell bcti~ome the a6eolute property of Mortgagee. 6. To firat obtain the written consent o[ Mortgagee, such consent to be gmnted or withheld :~l the sole discmtion of MoKgagee, betore (a) removing or demolishing any building now or hercufter erecled on the pmmises, (b) pltering the arrangement, design or structural character thereot, (c) makinq any repairs which involve the rcmoval o(.structural parts or the exposure ot the interior of such building to the elemente, (d) cutting or removing or permitting the cutting and re- moval ot any trees or timber on the MoMgaged Property, le) mmoving or e:changing any tangible personal property which is part ot the Mortgaged PropeKy, or (f) entering inlo or modifying any leases of the Mortgaged Pmperty. 7. To maintain the Mortgaged Properly in good condition and repair, including but not limited to the msiking ot such re~~airs as Mortgagee may imm time to time determine to he necessary (or the preservation of the Morlgaged Property and to not commit or permit any waste thereof. ' 8. To comply with all laws, ordinances, regulations, covenants, conditions :~nd resirictions afferling the hlortgaRecl Property, and not to sutfer or permit any violation thereof. • 9. It Mortgagor (ails to ~~ay any elaim, lien or encumbrance which is su~~erior to this MortgaRe, or when due, :~ny tax or assessment or insurance premium, or to keep lhe Mortgaged Property in repair, or shall commit or permit waste, or it there be commenced any action or proceeding a(fecting the Morlgaged Property or the title thereto, or the intereat of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorganization proceedings, . then Mortgagee, at its option, may pay said claim, lien, encumbrance, tax, assessmen! or premium, with right of ~ubwgation thereunder, may make auch repairs and take such steps :is it deems advis:~ble to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel tfierein, and take such action therein as Mortgagee deems ad- visable, and for any ot such purposes 111ortgagee may advance auch sums ot money, including all costs, reaaonable attorney's fees and othec items of e:pense as it deems nec~~ry. Morlgagee shall be the-sole judge ot the legality, validity and priorily of any such claim, lien, encumbronce, tax, assesament arul premium and of the amount nec~ssary tc be paid in satisfaction thereof. Morlgagee shall not he held accountable for any delay in making any such ~k~yment, which delay may result in any addilional ~nterest, costs, charges, e:pen.ges or othervvise. 10. Mortgagor will pay to MortRager, immediately and withoul demand, all sums ot money ad~~anced by Mortgagee to protect the security hereof pursuanl to this Mortgage, including all costs, reasonable attorney's fees and other items of espense, together with interest on each such advancement at the highest lawtul rate of interest per annum in the State ot Florida, and all such sums and interes! thereon shnll be scrured hereby. Il. All sums of money se~vred herel-y sh~ll !-e ~~:~y:~b1c without any relie( whatever !rom any ~•aluation or a~~pnise- ment laws. . 12. If detault t-e made in ~>ayment of a~ny instalment of princi~-al or interest of t6e Note or any part thereot when due, or in payment, when due, or any other sum secured hereby, or in performance of any ot Morigagor a obliqations, coven- :ints or agreements hereunder, all ot the indehtedness secured hereby shall become and be immediately due and {,ayable at the option of Mortgagee, without notice or demand which are hereby e:pressly w•aived, in which event Morigagee may avail itself ot all rights and remedies, at law ar in equity, and this Mortgage may be (orecloseci with all rights and remedies af(orded by the laws of Florida and Mortgagor xhalf pay all costs, charges and e:penses thereot, including a reasonable attorney's fee, including all such costs, expenses and attorney's tees for any retrial, rehearing or appeals. The indebtedness secured hereby shall bear intere3t at the highest lawtul rate of interest per annum in the Slate of Florida from and atter !he date of any such default o[ Mortgagor. If lhe Note provides tor instalment payments, the Mortgaqee may, at its option, collect a late charge not to esoeed two cents for each one dullar not paid to the Alortqs~gee when due, to reimburse the Mortgagee for expenses in collectinq and servicing such instalment payments. 13. lf de(ault be made in payment, when due, of any indebtedness secvred hereby, or in ~~er(orman~•e of any o! Mortgagor's obliRations, covenants or aqreement hereunder: (a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and t:~ke {~assession o( the Mortgaqed Property or any part lhereot, to perform any acls Mortgagee deems necessary or proper to conserve the security and to coUect and receive all rents, i~ues and profitx ihereof, including lhose past due as well as those acrruing thereafter; and Ib) Mortgagee shal) be entitled, as a matter of slrict right, without notice and eaparte, and wilhout regard to the value or occupancy o( the security, nr the solvency o( l1lortgagor, or lhe adequacy ot the Mortgaged Property as security for the Note, to have a receiver appointed to enter upon rnd take possession ot the Mortgaged Propetty, collect the rents and profits theretrom and apply the same ax ihe court may direct, such receiver to have all the rights and powera permitted under lhe laws of Florida. ~ In either such case, Mortgagee or the receiver may nlso take poasession of, and for these purpoees uee, any and all ± ~ peraonal property which ia a part o( lhe Mortgaged Property and used by Mortgagor in the renial or leasing thereof or ~ ' any part thereoL The expense (including receiver's feea, counsel (ees, costa and agent's compenaation) incurred pursuant ~ to the powera herein contained ahall be eecured hereby. Mortgaqee ahall (after payment ot all costa and expennea incurred) I " ; .2- . ~~oK 347 P~GEz~4 ` 2 ' ~ ~~~ ~~ _ ~ ;_ ~ ~~~. ,,,~ :~;.~~ ..,_ .~ b '~: . .,..., _~~-~