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Home My WebLink About1858AIYYIUII~ ~O ~41y tlUCII l'FIi1~R@A VVI1l'O IIU@ Sf151II I1fi ~k11(~ Il~l A~U~~II~(O~ ~U MortguKee un demund. If, 6y na~w~ nf uny deL•~ull by Mortgugor u~Je~ uny provision ot lhia Murtgagr, Morlgagce declun~s ull suma ,~~ured h~reby ~o Iw due and ~wyuble, Mortgngee nu~y then apply uny funda in si~id uccount i~gui~-at the entim indeblednc~xa aecumd hemby. The enlon•rubility ot the covenvnte reluting to luxee, naae~xmenta und inaurance premiums hrrein otherwiee provided shall not l,e c~tterted except insotar i-s thoee obiigutionx have been met by compliunce with this ~,arag~uph. MortKaR~e muy from time to time ait its option wui~•e, und ufler a~y such wuiver reinsti-le, uny or ul) pmviaions hereo( requiring such de{wxits, by notice to Mortgugor in writing. While uny su~•h wai~•er is in e(lect, Mortgxgor ahull pay luxes, as~sdmenta ~nd insun~n~~e prnmiums us he~rin ei8ewhere provided. 4. To promptly ~~uy a~ll t~~xes and :uuu.zsmenta u~-esss~.~1 or le~•icYl unde~ s~nd by ~~irlue o( unv atate, teden-I, or munici~-:d law or m~elntion herea(ter ~~ased, t~gainat Mortgugre u~-un ihis Murtguge or the debt hereby xecurc~f, or u{wn its intereat under this Mortgage, provided however, thut the lotnl amount so ~x~id for uny such tuzes pursuan[ to this ~,:iruXraph togeth- er with the intemat {xiyable on said indei-tedn~K.~ sh:~ll nol ex~red the highesl luw(ul rute o( interest in F lurid:~ and provided furfher /hat in the evcnt ot the ~x~ssage of any such law o~ mRulatiun imposing u tuz or as.~ment against Morlgagre up• _ on this Mortgnge or the debt secured hereby, Ihnt the entirn indchtedness secumd by this MortR:~Re shall thernu~~on Fx~- eome immediAtely due and ~>aynble at the option of Mortgagee. 5. To keep the I1lortgaged Properiy insured uguinst I~ or damage by fire, und ull pe~ils insured agai~sl by un ex- tended cover~ge endorsemenl, und such other risks und ~~erils as Mortgugee in ils di~•retion mav require. The ~wlicy or {~olicies ot such insurani~e siudl be in the torm in general uae Irom time to time in the locality in whieh ihe 1Nortgaged Propertv is situatcd, shaU he in such amount as Mortgiigre may reasonubly require, ahall 1-e issuecl by a com~mny or ~~om{~:inic~ approved by MoHgagee, aind sh.ill rontain a standard mortgagee clause with loss p.~ynble ~o MoriRagee_ When- ever requirnd by Mortgagee, sui-h policies, shal) be delivered immedi:ilely to and held by Mortgngee. Any nnd al) amounts rc~rivc~! by Mortgugee under :my of such ~~oliciex may I~t applied by Mortgagee on the indebtedness ~r•urnd hereby in such m.inner as MortRagee may, in its sole discretion, elecl or, ad the option of 111ortg.~Rer, the entim :~mount so received or s~ny part thereot mny he rele.ised. Neither the :+pplicntion nor lhe release of ~ny such amounts shall ~•ure or waive any default. U~wn exercise o( ihe ~wwrr ot s;ile given in this MoHgage or other acquisition ot the Mortgnged Pro~x~rty or .~ny part there- of by Morigagee, su~•h {~olicies shall 1-ecome the al-solute pro~~erty ot Mortgi~Ree. 6. To tirst obtain the written consenl of Mortgagee, suc•h conse~t to 1-e Rranted or withheld :~t Ihe sole discretion ot Morlgagee, betom (a) removing or demolishing any buifding now or hematter erc~•ted on the ~~remises. Ib) altering the :~rr.~ngement, design or structuml chamcter thereof, (c) making any rnpairs which involve the removal ot structural ~h~rts or the exposur+e of the interior of such building to the efemenls, (d) cutting or removing or ~~ermitting the cuttinq and re- moval of any trees or timber on the Mortgaged Pro~~erly, (e) mmoving or exchanging uny tangible personal pro~~erty which is ~~:~rt of the Mortgagecl Pro~-erly, or ((1 entering into or moclifying any leases o( the Mortgagec! Pro~~ert~r. 7_ To maint:~in the 111ortgaged Property in good c-ondition and repair, includinq but not limited to the m:~king o( such repairs a~s MoHqagee may (rom time to time determine to he necessarv tor the ~~reservation ot the Mortgaged Property and to not commit or ~~ermit any waste thereof. 8. To comply With all laws, ordin~+nc-es, mgulations, i~ovenants, i~onditi~~ns and restrictio~s af(e~•ting the Morlgagecl Pro~-eHy, and nol to suffer or permit any violation thereof. 9. If Mortgagor (uils to ~k~y any elaim, lien or encumbran~r which is su~ieriQr to this lliortgaRe, or when due, any tax or .~sse:;wment or insuranrn premium, o~ to keep the Mortgaged Property in repair, or shall commil or permit waste, or if there he commenced any action or~ proceeding affec•ting the Mortqaqed Property or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent domain :~nd hankruptcy or reorKanisation procerdinqs, then Mortgagee, at its option, may ~~.~y said cl~im, lien, en~•umhran~r, taz, assessment or premium, with righl o( suhrogation thereundei, may m:ike such rep:~irs and take such ste~~s as it deems advis:~ble to prevent or cure such waste, and may appear in any surh action or proceedinR and retai~ ~^ounsel therein, and take such action lhemin as Mortgagee deems ad- visable, and tor any ot such purposes Mortgagee may adv:~nir such sums ot money, including all costs, reasonable altorney's fees and other itenu o( ex~>ense :is it deems nei~:~ry_ Mortgagee stwll be thc sofe judge ot the legality, validity and priority of any suc•h claim, lien, encumbrance, tax, assessment and premium and of the amount necec4ary to be paid in satisfaction thereof. Mortg~gee shall not 1ie held accountable for any drlay in making .iny sui•h ~~yment, whicl~ delay may resull in any additiona) interest, costs, charQes, ex~-enses or Mherwir+e. 10. Mortgagor wi1F pav to Mo~lRagee, immediately and withoul demand, all sums of money advan~rd by Mortga~ee to protect the security hereof pur~uant to this MortRage, inrluding all costs, re~sonable attorney's fees and other items ot expense, toRelher with interest on each such ad~•anmmenl at the highest law(ul rate of interc~t per annum in the State ot Florida, and all suc•h sums and interest thereon sh:~ll t-e secured hemby. 11. All sums of money uti•urc~l herehy sh:~ll Im ~-:ryafde without any rt•lief whatever from ~ny ~•aluation or :q~pr.~ise- ment I:+ws. - 12. If de(:~ult t-e made in ~k~yment o( :~ny inst~lment uf principal or inlerest of the Note or any ~~art thereof when due, or in p~yment, when due, or any other sum secured hereby, or in per(ormance ot any of Morlg:~Ror's obliqations, coven- :mts or agreements hereunder, al) o( the indebledness secured hereby shall bec•ome and 1-e immedi:~tely due and payable at lhe o~~tion oi Mortgagee, withaut notice or demand which are hereby expressly w:~ived, in which event Mortgagre may ~~•:~i! itselt of all rights and remedies, at law or in eyuity, and this Morigaqe may be toreclosed with all riRhts and remedies a!(orded by the law•s of Florid:~ and MortgaRor shall {h-~y all costs, charqes and ex{~nses thereot, including a reasonable attorney's tee. including all such costs, expen.ses and attorney's fees tor any retrial, rehe:~ring or appeals. The indebtedness secured hemby shall bear interest at the highest lawful rate of interest per annum in the Slate o( Florida fmm and a(ter the date of any 'such default of Mort;;agor. If the Note pro~•ides for instalmenl payments, the MoHgagee may, at its option, collect a late c•harge not to eYCred two cents tor eac•h one dollar nol F-aid to the Mortgagee when due, to reimburse the Mortgagee for ex~~enses in collecting and servicing such instalment payments ~ t 13. I( de(ault be made in ~~ayment, when due, of any indebtedness secured hereby, or in performance o( any ot Mort~agor's obliRations, covenants or aRreement hereunder. (a) Mortgagee ic~ authorized at any time, without noti~e, in its sole discretion to enter upon and ~~ke ~wssession ot the htortgaged Property or any part thereof, to ~~er(orm any acts Mortgagee deems necessary or pro~~er to consen•e ihe security and to collect and re~rive ~II re~ts, issues and profil.g thereot, including those past due as well ~.g thoec acrruing~ therea(ter: and Ib) MortRagee shall be Pntitled, as a matter o( strict right, without notice and exparte, and without regard to the value or occupancy of the security, or the solvency of- MortRagor, or the adequacy of the Mortgaged Property as secvrity for the Note, to have a receiver appointed to enter upon and tnke possession ot the Mortgaged Property, collect the rents and pro(its iheretrom and apply the same as the ~ourt may direct, such receiver to have all the rights and ~x-wers permitted under lhe laws of Florida. In either such case, Mortgaqee or the receiver may also lake Ex~s.gession o(, and (or these purposes uae, any and all personal property which is a part of the Mortgaged Yroperty and used by Mortgagor in the rental or leasing thereof or any part thereot. The e:pense (including receiver'a (ees, counsel (ees, rnsts and agent's compensation) incurred pursuant to the powera herein contained shall be secured hereby. Mortgaqee shall (after payment ot all coats and e:penses incurred) ~1 A ; ~ 2 n~rtx•~~t~ PacE~~~~ ! . a ~ •s ~~." _: . .. --_ . . , - -. _ . ~ :. ..' . .. ~ ~ ~~