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HomeMy WebLinkAbout1665iii~•uunt to Ex~y su~•h ~•hu~Kea when due ahs~ll 1~ puid hy MorlguRo~ to MortguKee un demund. li, hy mu:w~ ot uny detuull by Morigi~gor under uny provision ot this I1lortguge, Mortgugee declurra ull sums secured hereby to t~e dua und {K~yi~ble, Morlguqee ma~y then apply nny tunds in s~iid accou--t ug~iusl the entire indebtcdnc~s serund herehy. The eotomenbility ot the ~~oveounta reluting to tnzes, usaeawnents and insure~n~Y- premiuma herein othe~wiee provided shall not be u(fected except insofur as thoee obligations have been met by complionce with this ~ragraph. Morlgngee may from time to time at its option waive, and alter noy such waiver reinstnte, any or e+ll provisions hereo( requirina such deposits, by notice to Mortgugor in writing. While nny auch waiver is in eltect, Mortgi~gor xhall ~~xy tuxrs, useesame~ta and inaurance premiuma ;~a hereio elsewhere provided. 4. To promptly pay all tuxes and asseatimenta ussek:~1 or (evied unde~ and hy virtue oI uny slule, teclend, or munici~k~l li-w or regulution hereatler ~wsaed, aRainst Mortgugee u~wn thia Mortgage or the debt hereby secured, or u{~on its interest under this Alortga~ge, provided 1~owever, that the tots~l amount so ~x~id tor any auch laxes {>ursuant to thia psirugruph togeth- er with the interesl puyuble on said indebtednesa shull not exceed the highest I~wtul n+te o[ inlereal i~ Fluridn und provided furiher thut in the event of !he {x-ssu8e ot any such law or regulntion imposi~g t+ lax or axsexyment ag:iinst Morlg~gee up- on thia Mortgt~ge or the debl ser•urnd hereby, tlwt the entim indebtedness scK•ured by ihis MoHgaRe shai) Ihrrea~wn be- rome immediately due u~d payuble at the option of Mortgagee. 5. To keep the Morigagrd Pmperty insured against luss or dum~ge by tire, and nll perils insured againsl by an ex- tended cover.~ge endorsement, und such othe~ risks und perils as Mortgagee in ita discretion may require. The policy or ~~olic•iea ot such insurunce shall be in the (otm in ge~eral use from time to time in the la•ality in which the MortgaRed Pmperty is situatecl, xhull he in such amount as Mortgagee m1y reasonably require, shall be iasued hy a company or companies approved by Mortgngee, ~nd shall contuin u standArd mortgagee clause with loss ~myable to Morlgagee. When- ever required by Mortgugee, such ~~olicies, ahall be delivered immediately to and held by Mortgagee. Any and all amoun~4 re~r.ived by Morigagee under any of such Ewlicies may t~e ap~~lied by Mortgagee on the indebtedness secu~ed hereby in such munner ns Morig:~gee may, in its sole discretion, elect or, at the oplion ot Morlgagee, the eniire amount so received or nny ~~art thereof mAy t~e releused. NeithPr the upplication nor ihe mlease of any such amounts shall cure or waive any de(ault. Upon exercise of the ~~ower of s:-le given in this Mortgage or other t~cquisition ot the Mortg~+ged Prol~erty or :~ny part there- ot by Mo~tgagee, such ~wlicies shall becomP the at~aolute property of Mortgugee. 6. To tirst obtaiin lhe written consent of Mortgagee, such consent lo he gr.~nted or withheld a~t the sole discretion o( Mortgagee, before (a) removing or demnlishing any building now or hereatter erecled on the prrmises, Ib) altering the arr.~ngrment, design or structurnl clwracter thereof, (c) making any repairs which involve the rnmoval ot structural parls or the expo~ure of the interior o( such building to the elements, (d) cutting or removing or permitting the cutting and re- inoval of any trees or timber on the MorfgaRed Pro~~erty, (e) remo~ing or e:changing ~ny tangible personal properiy which is ~k~rl of the MoHgaged Properiy, or (t- entering ~nto or modifying :~ny leases of the MorlgaKecl Pro~~erty. ?. 7'o maintain the Morigaged Property in R«xi condition ~nd repair, including but nol limited to the m:iking oI such re~>airs as Mort~agee may from time to time determine to t~e necessary tor the preserv~tion of the MortRaged Property and to not commit or {~ermit any wasle thereof. 8. To comply with all laws, ordinam~es, regulations, rn~~en.~nts, i•ondilions :~nd reslrictions ~t(e~•ting the MortRaKed Property, and not to su(fer or permit any violation thereot. • 9. If Mortqagor tails to ~~:ry any claim, lien or encumbranre which is su~~erior to this Morigage, or when due, any tax or assessment or insuran~r pmmium, or to keep the Mortgaged Property in re~~ir, or shaU rnmmit or {~ermil waste, or i( there be co~nmeneed any action or proceeding a(fecting the Mortgaged Pro~~erty or !he title thereto, ur the interest ot 114ortgagee thernin, including, but nol limited to, eminent dom:iin and bankruptcy or reorRanization pr«~eedinqs, then Mortgagee, at its option, may pay said claim, lien, encumbrance, ta:, assessment or {~remium, with right of subrogation thereunder, may make such repairs :~nd take such steps as it deems advisable to prevent or cum such waste, and may appear in any such action or pra~eeding and retain counsel tfierein, and take such action therein as Mortgagee deems ad- visable, and (or any ot such purpost.•s Mortg:~gee may :~dvan~~ such sums of money, im•luding all costs, reasonable attorney's fees and other items ot expense as it deems necessary. MoriRagee s1w11 be lhe sole judge of the legality, ~•alidity and priorily of any such claim, lien, encumbrance, t:~Y, assessment and premium :ind of the amount necessary to be paid "en satisfaction thereof. Mortgagee shall not he held account:~ble for :~ny delay in m:~king any such {~yment, which delay may resull in any additional inlerest, c-osts, charRes, expenses or otherwise. 10. Mortg:~qor will p:iy to MortR:~gee, immediately and wilhoul demand, all sums o( money advancrd hy MorlRaRee to protect the security hereof pursuant to this MoHKage, including atl costs, reasonable :~ttorney's fees and other items of ezpense, together with interest on each such advancement at the higheat lawful rate of interest per annum in ihe State o( F lurida, and all such sums and interest ihereon shall be se~•ured hereby_ 11. All sums of money scr•ured hereby chall be p:ryable without any rclie( w•hate~er (rom any ~•aluation or :~ppnise- ment laws. 12. It def~ult be m:~de in ~u~yment of :+ny instalment of princi~Mt or interest o( the Note or any {-art thereot when due, or in paymenl, when due, or any other sum ~•ured herrby, or in performance of any ot Mortgagor's obliqations, coven- :infs or agreements hereunder, all ot the indebtedness secured hereby shrall,}lecorp,et~tYd~le ~~~~e and payable at lhe option of Mortgagee, without notice or demand whic•h are hereby ezpressly waived~J~~+ i ortgagee may a~•ail itselt ot all rights and remedies, at law or in equily, :ind this Morlgage may be toreclos~Q vJ~~ a s and rem les a(forded by the laws of Florida and MortgaRor shal! ~ay al) costs, charges and expenses theieof; includ'el~~ ~~a~ attorney's fee, including all such costs, expenses and attorney's fees (or any relrial, rehearing or appeals: •Tfie i~iebtedn4ed~6a'ared hembY shall bear interest at the highest lawful rate of interest per annum in the State of Florida from.and atte; th~,/late ot any such default of Mortgagor. I( the Note provides tor instalment payments, the Mortgagee may, at its opiion, callect a late charge not to exceed two i~ents tor each one dollar not E~id to the Mortgagee when due, to mimburse the Mortgagee tor ex{~enses in collecting and servicinq such insfalment payments. 13. It de(ault be made in payment. when due, of any indebtedness secvred hereby, or in performance ot any ot Mortg:~gors obligations, covenants or aKreement hereunder. la) MortRaqee is aulhorized at any lime, without nolice, in its sole discretion to enler upon and take ~ws.gession of the Mortqaged Yroperty or any {~art thereof, to ~~erform any acls Mortgagee deems necessary or proper to conserve the security and to collect and receice aU rents, issues and pro(it4 thereot, including those past due as well :~s those accruing thereatter: and Ib) Mortgagee shall be entided, as :~ matter ot strict right, without notice and esparte, and without teBard !o the value or occupancy o( the security, or the solvency o/ Mortgagor, or the adequacy o( the Mortgaged Properiy as secvrity for the Note, to have a receiver appointed to enter upon and L~ke possession of the Mortgaged Property, collect the renta and profits therefrom and apply the same as the court may direct, such receiver to ha~•e all the righta and powers permitted under the laws ot ~lorida. In either such case. Mortgagee or the receiver may :ilso take pos.gesaion ot, and tor these purposes use, any and all personal property which is a part of the Mortgaged Property and used by Mortgagor in lhe rental or leasing thereof or any part thereof. The ezpense (including receiver'a fees, counael. fees, costa and agent's compenaation) incurred pursuant to the powers herein contained shall be secured hemby. A4ortgagee ahall (a(ter payment of all coste and e:penees incurredl ~ -2- ~~~x 3~8 PacE 1fi64 ~' r ~ . ~ ~ ~ ~ ; _ _ .. -- ~~ ..~ .uT. ~ _ _:: _ _ _ ~