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HomeMy WebLinkAbout0921 . ~ • . ~ _ . _ _ _ . - . . ~ . ~ ~ , : • • a ~ i 1 . Mxeby. The mfac~ability of the oo~renae~ relMin~ to taxes. ~ssasn~tt aud ia:ucaaoe q~emiwas hereia odKrwise ' provided siall not be ~ffected excxpt in:ofar as tho~e obliptiaas have ban mct by compiiaaoe with tbi: p~n~psph. Ma~tga~ee m~y f~om time w tune at its optioa waive. aad aftu any wd~ w~uiva rc~aitNe. any ar all qovisioac hei+eof i nequirin8 such deposits. by notice w M«t~a~or in writins. Wtuk any wch waiver is in effect. Mat~sgcx shall pay ~ axes. as~asmeats and i~uranoe premiua~s as heneia elsewl~ poovided. ~ 4. To poomptly pay all taxes and assessrnentt auau~od or kvied under and by virtue of any state. federal, or ~ mw~icipal law or ~+egulstion he~+eafter passed, agaiast Mortg~goe upoa this Matgs~e or the debt hereby secured. or up- ; on its interc,st under this Mortgage. provided however, that the total am~wnt so pa~d for any such taues pursuant to this ~ pan~graph togetba with the iaterest payabk on said i~d~btodnesa stull no1 exaed the highest lawful rue of iatcrest ia Florida and provided furihe~ that io the event of the pussge of any such law or regulation impvsing a tax or assessmeot f agaiast Ma~tgaga upoa this Mortgage o~ the debt socurod lnreby, tbat the eatire iadebtodness socured by this Mo~tgage ~ shall thercupon become immodiately due and payabk at the aption of Mcxtgaga. ~ ~ i S. To kee~ the Mortgagod Property insurod agaiast loss ord~mage by fire, and all perils insured against by an extended coverge endo~sement. and such other risks ard perils as Matgagoe ia its disccetion may ceyuin. The policy or ~ policies of such insuranc~e shall be in the form in general use from time to time in the locality in which tbe Mortgaged r Prope~ty is situatod, shali be in such amount as Mcxtgagoe may resonably require. shall be issued by a company or com- - ~ panies approved by Matgagte, aad shalt contaia a uandard mo~tgagoe clause with loss payabk to Mortgagee. Whenc- ver required by Mortgagoe. such policies. shall be delive~+ed immodiately to and held by Mortgagoe. Any and all amounts reoaved by Mortgagee under any of such policies may be applicd by Matgagee on the indebtedness secured hereby in such manner as Mo~tgagee may. in its sok discrttion. elect or, at the option of Mortgagee, the entire amount ~ so rcceivod or any part thercof may be rekased. Neither the apQlication nor the rekase of any such amounts shall cure or ; waive any default. Upon exercise of the power of sak given in tfiis Moctgage or otber soquisition of the Mortgaged < Property or any part thereof by Mortgagce, such policies shall bocome the absolute prope~ty of Mortgagee. ~ ; 6. To first obtain the written consent of MoRgagee. such consent to be granted or withheld at the sole discce- ~ tion of Mortgagee, t~efore (a) removing or demolishing any building now or heneafter erected on the premises, (b) alter- i ing the arrangement. design or swctural character thereof. (c) making any repairs which involve the removal of swctu- f ral parts or ttie exposure of the interior of such building to the elemcnts, (d) cutting or amoving or pernutting the cutting and nemoval of any tnes or timber on the Mortgagod ~ny. (e) removing or exchanging any tangible personal prop- ecty which is part of the Mortgaged Property, or entering into or modifying any kases of the Mortgaged Property. 7. To maintain the Mortgaged Rope~ty in.good condition and cepair, including but not limited to the making of such repairs as MaRgagce may from time to time determine to be necessary for the preservation of the Matgaged ~ PropertY and to not oommit or permit any waste tt?eroof, and Mottga~oe st~all have the right to inspect the Mortgaged ~ Property an rea~onabk notia to Ma~tpgor. ' i i 8. To comply with all laws. ordinances. regulations, covenants, conditions and restrictions affecting the ~ MortBaged Property, and not to cause or permit any violation theceof. ~ 9. If Mortgagor fails to pay any ctaim, lien or encumbrance which is superior to this Mortgage. or when due, } any tax or assessment or insurance premium, or to koep the Matgagod Property in repair, or shall commit or permit ~ waste. or if there be commenced any action or proceeding affecting tt~e-Mortgaged PropeRy or the title thereto. or the F interest of Mortgagee therein, including, but not limited to, eminent domain and banlwptcy or ceorganization proceed- ~ ings, then MoRgagee, at its option. may pay said claim. lien, encumbrance, tax, assessment or premium. with right of ~ subrogation the~+eunder, may make such repairs and take snch steps as it deems advisabk to ~xevent or cure such waste, and may appear in any such action or procceding and ~+etain counsel ther~ein, and take such action therein as Mortgagce deems advisable, and for any of such purposes Matgagoe may advance such sums of money. including all oosts, rea- ~ ~ sonable attorney's fces and al~er items of expense as it deems necessary. Mortgagee shall be the sole judge of the legali- ~ ; ty, validity and priority of any such claim, lien. encumbrance, tax. assessment and pnemium and of the amount neces- k sary to be paid in satisfaction thereof. Mortgagee shall not be held accountable for any delay in making any such pay- ; ment, which delay may result in any additivnal interest, costs. charges, expenses or othenvise. ~ 10. Matgagor will pay to Morigagee, immediately and without demand. all sums of money advanced by ~ Mortgagee to protxt the security hereof pursuant to this Mortgage, including all costs, reasonable attorney's fees and - other items of expense, together with intercst on each such advancement at the highest lawful rate of interest per annum allowed by the law of the State of Florida, and all such sums and interest tt~ereon shall be socured hereby. I I. All sums of money secured hereby shall be payable without any relief whatever from any valuation or ap- praisement Iaws. 12. if default be rnade in payment of any instalment of principal or interost of the Note or any part thereof when due, or in paymeat, when due, or any other sum secured hercby, or in performance of any of Matgagor's obliga- tions, covenants or ag~+eements hereunder, all of the indebt~dness secured hereby shall become and be immediately due and payabk at the option of Mortgagee, without notice or demand which ace hereby expiessly waivod, in which event ~ Mortgagee may avail itself of all rights and remodies. at law or in oquity, and this Mortgage may be foreclosed with all rights and remedies afforakd by the Iaws of Florida and Matgagor shall pay all c~sts, charges and expenses thereof, in- cludiag a reasonabk attorney's fa, including all such oosts. eapenses and attorney's fas, for any retrial, rehearing or appeals. The indebtadness socured hereby st~all bear interest at the 6igh~st lawful rate d interest per aanum allowed by the law of the State of Florida fr+om and after the date of any such default of Mortgagor. If the Note provides for instal- ~ ment payments. the Matgagee may, at its cyption, colkct a late charge as may be provided for in the Note, to reimburse F the Mottgagee for expenses in collecting and servicing such instalment payments. ~ 13. If default be made in payment, whu~ due, of any indebtedness secuied hereby, or in pedormance of any of ~ Mortgagor's obligations. covenants or agnament heneunder. ` (a) Mcxtgagee is autt~orized at an~r time, without notice. in its sok discretion to enter upon and take pos- session of the Mortgaged Property or any part thereof. to perform any acts Mortgagee doems ~ssary or pr~oper to con- serve the socurity and w collect and rncxive a11 rents. issues and profits theroaf, including ttwse past due as well ss those accruing thcreafter, and (b) Mortgagoe shall be entitkd. as a matter of suict right. wittaut ratice and exp~rte. and without re- gard to the value or oocupancy of the ~curity, or the solveney of Mortgagor, or the adoquacy of tbe Mortgaged Property : °R ~ ~ j ~ . _ ~ ~ ~ _ _