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Home My WebLink About0997 ~ the sums evidenced by the Note; and aflrees that Mortgegee and any othet Mortgagor may agrae to extend, modily, fo?besr or make any accortxnociations with regard to the tertns of this MortSyage or the Note without that Mortgagor's consent. 14. rroncE: Except for ~ny notice required u~der appYcsble law to be fliven in ~nother manner, (e) any notice to MatSpgor provided for in thia Maiye~e ahal be given by mailinfl such nodce by certi6ed mail addreaaed to MortpaQo? { at the Property Address or at such other address aa Mort9a~ar msy deaipnate by nodoe to MoA~ayee aa provided herein, and (b) ~ any notice to Mortqagee ahall be 9iven by m~iGn~ such notice by certilled msi, rotum receipt roquested, to Mort~sqee's addreaa ~ steted herein or to such other address as Mortyagee m~y deaignate by notjce to Mortgsya as provided harein. My notice ; provided for in this Mortgage shaM be deemed to have been given to Mortgegcx or Matga9ee when fliven in the manner deslgnated , herein. 15. UNFORM MORTCiAC~: OOVEANIN(i U1W: SEVEfiABillTY: This form o( mortgage combines uni(orm covenants tor national use and non-uni(orm covenants with inwted varietions by jurisdiction to co~stitute a uni(orm security instrument covering real property. ThIa Matgags shar be ~ovemed by the kw oi the jurisdiction in which the Property hs bcatecf. In the event thet any provision or d~use of thfs Matgsye or the Note co~flicts with app5cable law, such oo~llicl sha~ not aitect ; other provisions oi this Mortgage or the Note whlch can be flive~ eltect wiihout the conticting provision, and to this end the provisions of the Mortgage and the Note are dedared to be severable. ~ 16. MORT(iAQORS COPY: Mortgagor shall be fumished a conformed copy of the Note and of this Mortgage at the time oi execution or aRer recadetion hereoi. ! 17. LOJ1N DI.~ ON SILLF OR TRMISF~i 4F 1FE PROPFA'TY: It a1 or any part of the Properiy or an inierest th~ein 1s sold or transterred by Mortgegor (or i( a beneficial intereat n Matgagor is sold or transferred and Mortgagor is not a natural person) without Mortgagee's prior written conse~t, Matgagee may, at Mortgagee's option, dectare aM the sums secured by this Mortgage to be irm~eciiatefy due and payable. ' 18. ACCELEAATION: ~ES N any of the sums ot money herein reterred to are not prompUy paid wilhin fifteen (15) days next after the sarrie severaNy become due and payab{e, or if each and every oi the st~wleGons, ayreernents, conditions, and covenants ol the Note and this Mortgage, or either, are not fuNy periormed, cort~plied with end abided by, then the entire aggrec~ate sum mentioned in the Note shaM become due and payable forthwith or thereafter, at the option ot the Mortgagee, es tu9y and completeiy as if sald aggregate sum o( money was originaly stipulated to be paid on such day, everything i~ said Note or herein to the contrary noMrithstandmg. Wherever Mortgayee is given the optian to eccelerate to maturity ot the Note, in this Mortgage, Mortgagee, to the extent p~mitted by law, shaN not be required to give any notice to or make any demand on Maigegor or Mortgagor's successors a assigns, except as otherwise specifica~ sat toAh herein. 19. F',~OOO IN.SUFiANCE: If required by Mortgagee at any time during the term of this Mortgage, insurance covering the pen7 of Aood damage shaN be obtained by Mortgegcx and maintained in such emounts and for such periods as Mortgagee shap require. The flood insuronce poic.y. H required by Mortgagee. shar be in a tam aa~ptable to Mortgagee and shaM contein a standerd mortgage dause in favor of MoRgeflee. Mortgsyee sheM have tl~e right to hold the poic.y and renewal thereof and Mortge~x shal promptly tumish to Mortgegee d reRewa! noticea and a~ premium receipta. tn the event Mort9a~ doea not corr~ply with this cove~ant, the Mortgagee msy plnce and pay tor such inaurance, or any pert thereof, without wakhg or affecting the option to foredose, or any right under this Mortgage, and the fuN amount eech and every peyrr~ent shaN be immedrateiy due and pa~oCti. ard stia9 bear :~ia~4 ~sa~ iha . aia th~s.~t unti3 rairl ai its2 dsfsu:t ra.e as s~i ta.h ':n ihe Naie, and tagether with such interest shall be secured by the ien ot thls Mortgage. In the event of a bss, the proceeds of such insurance shaN be hendled 'n ike tashion as the procedures tor a bss as described in Paregraph 5 of thia Mortgage. ! 20. /ISSK"~1felENT OF REMS: APPOIN'i1rENT OF A RECEIVHt: As adc~tional securiry hereunder, ' Mortgagor hereby assigns to Mortga9ee the rents of the property. Mortgagcx has executed and deGvered 'm favor of Mortgagee, ' if appkcable, en Assignment of Leases insUument, the terms and covenants o1 which are hereby incorporated by reterence. Whether or not Mortgagor has executed end deivered said Assignment of Rents insVument, upon acceleration of any sums due hereunder ~ a abendonment o( the property, Mortgagee shaN be entitled to have a receiver appointed by the court to e~ter upon, take t possession oi and manage the property end to coNed the reints of property, indud'ing those past due. AN rents cotlected by the ; rec~iver shap be appGed first to payment o( the costs oi management of the property and c;oiection of rents, induding, but not ; limited to, receivePs tees, premiums on ~eceiver's bonds end reesoneble attomeys' tees, and then to the sums secured by this ' Mortgage. The reoeiver shall be iabfe to eccount only for those rents adualy received. i E 2i . ATTORPEYS Fff~ The Matgagor shal pay or reimburse the Mortgagee tor elf reasonable ettomey's fees, costs, and expenses paid or incurred by the Mortgagee in any acdon, proceecfing or d~spute, oi any kind, whether at the Vial ; or appeUate levels, in wti~ch Mortgegee is served with legal process. is made a party or appears as a party plaintNt or defendant ~ releting to or aHecting the Note, this Mortga~e, Mortgagor or the mortysged property. Such action, proceedny or dispute ahaN indude, but is not irr~ited to, the toredosure or other enioroertient of this mortgage, any conde~mation ection hvoFving the mortgaged property, any action to proted the security hereof, a any proceedng in probate or banlwptcy. My such amounts paid or incuRed by the Mortgagee shaM be added to the total indebtedness secured hereby and shaN bear interest thereo~ at the ~ highest rate allowable by Florlcia lew, and shal be secured by the Nen oi this mortgage. ~ 22. FlNANCIAL STA7BAEt~lYS~ At the option ot Mortgagee. Mortgagor shaq provide Mortgagee with ? periodic certified audited financial stetements of the operations of and the financial cond'Aion of Mortgagor. b ~ 23. BAN10iUPTCY: In the event Morlgagor shal be brought withh the jurisd~ction ot the U.S. Dist?ict Court under the prov~sions of the Banlwptcy Act, whether voluntarily or nvoluntenly on the part of the Mortgagor, then such action = shaA automaticaNy and without notice accele~ate the maturity ot the entire principal baiance, acaued interest end any other sums ; secured hereby and such sums shal becane inxnecfiatety due and peyable forthwith. 24. RELEASE Upon peyrt~t in fuN of aY sums secured by this Matgage. Mortgac,pe shal release this ~ Matgage withaut charge to Mortgegor, ~cepting h;~wev~, that Mortgagor shaN pey aN costs ot recordation, i( any. ~ A release ot this MoRgege shaH const+tute the autanatic releese of the Assignment ot Leeses instrument, if any, as described 'm paragraph 20 above. ~ ~ ~ 25. WAIVEFi O~ FFOI~~ESTEAD E7~APT10N: Mortgagor hereby waives and subordinates ap riqht of any ~ homestead exemption, ii any, under the Constitution of the State of Fbride, in and to the Mortgaged property to the lien of this Mortgage. 26. FUTIJRE AD'V1WCE~: Upon the ~equest of the Mortgagcx, the Mortgagee may hereafter, at its option. at anytirne within twenty (20) years irom the date of this Mortgage, and before iuM peyment hereof and the Nota secured hereby. make (urthc:r advances to the Mortgagor. My such further advances, with acaued ~nterest, shal be secured by this Mortgage and shek be evidenced by an addiUonel note then unpaid and the initial amount ot hdebtedness that may be secured by this Mortgage mey decrease or inaease irom time to time, provided that the total unpeid balance so secured et one time shaN not exceed the originel principsl belance o( this Mortgsge, together with interest thereon and any and eN dsbursernents mede by the Mortgegee for the payrnent oi faxes, levies, or insurance on the property encumbered hereby, with intereat on such disburseme~ts as fees and court costs paid or incuRed by the Mortgegee in the co~ection of any or aN of such sums oi money. 27. FIAZAFiDOUS WAS'fE: Mortgagor expressly represents to Mortgegee thet the propeRy and the improvements thereo~ have not in the past been used, are not presendy being used, and wiN not in tha tuture be uaed (or the G handiing, storage, Vensportation, or disposal of hazardous or toxic matenals. Mortgagor agrees to indertx~ily, dete~d and hold ~ 3 ~ aocK6~~ rac- 997 _ - - : . ~ ~n~~P.~