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HomeMy WebLinkAbout1247 . e ~ PROVIDED, ALWAYS, that if the Mortga~or shall pay unto the !Nortga~ee the indebtedness evidenced by a csrtain promissory note of which th~ followin` in words and fi~ures is a true copy to-wit: Ju~s 1~ _ iy b9 i`1~1~Q•00 Miami, Floria• ~ fOR VAI.U ECEIVED j ~umi~e tu pay to the order of ~ ~ , ~ ~ , the principal sum ot~~ Du IIO DOLLARS, toaethet with interrst thereoe [wm date ot the rate of t~n peroeat, per annwa until maturity, both principal and interat beini payabk in lawlul muney o[ the United ~tatr. at 2244 Bi~cayoe Blvd., ~ tiami, Flotida, or at auch otl~er place as tl~e hddas hereoi may designate in writin6. Principal ~u~d inten~t payabk in installme~ts as follo~n: Ttiirt~-Fin ($35•~) ~~l~s psr aonth, begianiog oa ~b~ 15~h de~ of Nuguot. 1~69. ~nd aontinuing oa the 15th dq~t ot •:.ob and ~vel'7 aontb th~rie~fter uo~il paid in i'ull. This note may be peepaid in whole or in part dter one yeu from the date hereof upon payment oi a pendty equivdent to two percent oE the principal wm prepaid. Each inelallment paymeat thdl be credited first on the interest due. and the remaindu on priacipal: and interest shdl th~e upon ceaee upon thr principal ao ctedited. The makers and endoners of this note furthe~ a~ee to waive demand, ~otice of non-payment a~d protat, a~d in the event suit shall be brouight for the cdkction he~eof, or the same has to be collected upon demand of an attorney, to pay reasonable attomey'~ (ces ior makin~ wch cdlection. Deferrcd payments hereueder shall beu intereat st the nte of ten percent per annum [wm maturity until ~aid. ' ~ This note i~ eecured by a nart~e ot even dtte herewith and is to be coastrued aad enforoed accordmg to the laws of the ~ ; State of Florida; upon deiwlt in thepa~ ment of prineipal andlor inta~at when due, tbe whok w~m of pnncipd and intrrest ~ remaining unpaid shaU. at the option of the holdns. become ~mmediately due and payabk. ~ Mattie Lee Bnight ~4E.~~.? . (SEAi.? preP~eed ~r Spie{er di Tenarieh. Attorwers - 2Z40 Bi~ea~e ~.d.. Mi~mi. Fiarida and shall perform. comply with and abide by each and eyery the stipulations, agreements, conditions and cove- nants of said promissory note and ot this deed. then this deed and the estate thereby created shali cease and be null and void. 1. The Mortgagor hereby covenants and agrees: (a) To pay all and sinsulu tAe principal and interest and other sums of money payable by virtue of said pcomissory note and this deed, or eit6er, promptly oo the days reapectively the same severally becomes due. (b) To permit, comnit or su(fer no vaate and to ma~ntain the improremeats at all times in a shte of 6ood repair and condition, a~d to do or permit to be done to said premises nothina that vill alter or cdaase tAe use and cAuacter o( said property or in any ray impair or ! reaken the security of this mort~ase. And ia case ot the tetusal, neslect ot inability ot the Mortsa6or to repair and maintain said proper- ~ ty, the Matp6ee may, at his optioa, make sucd tepairs or cause the same to be made, and advaoce moneys in that beAalf. ~ (c) To pay all and sinaulu the tixes. ~saessments. Icvies, liabilities. and obliptiona of every natwe on said described property each and every ~den due and •payable accadin~ to law. betae tdeY become delinquent, aod to delivet W t6e Moc4aLee a? ot betoce March 1Sth ot e~ch yeu tax re~tipts evideacin~ the payment ot all lawfully imposed taxea tor.the ptecedina oalendar ytar; to indemnify the ~ Mart~a~ee upon his demaad tor all taxes, assessments aod cdar~es thst may be assessed upon this mort~~se on the indebtedeess s•- cured herebr, and paid by tde morlaatee, vithout re~ard to any law Aeretofote enaeted ot hereafter to be eoacted imposio~ ~ayment of ~ the wdale or any ~+art thereot upoo the.lNortsasee. . ~ (d) To pay all and sio`ulu the costs, charses and expenses. iacludin~ la~yers' tees and absttact cosu reasonably incuned cx paid at any time by the Mort6asee because ot the failute on the part of the MortEator to perform. comply w~ith :nd ~bide by each and every the ~ stipulationa. a~reements, conditions and covenants ot s~id ptomissory note and this deed,'or eitAer, and every such'payment shall bear intcrest fr«n date st the rate ot ten (!0'L) ptr centum per annuro. ~ (e) It is further covenanted aad a~eed by said parties that in the event of a suit beins instituted to toreclose this mortp6e, the Mat- p~ee shall be entitled to apply at any time pendin~ such foteclosure suit to the court havin~ jwisdiction thereof for the appointment of ~ receiver ot all and siajular the mort6ased property, and o( all rents, iecomes. profits. iasues and revenuea t6ereof, (rom vhatsoever ~ source detired; aod thereupon it is hereby expressly covenanted aod a{reed W~t t6e Cwrt shall torthrith appoint such receiver with the usual po~rers and duties of ~eceivers in like cases; and said appointment shall be made by the court as s matter of strict risl?t to the Nort`~~ee, and ~rithout reterence to the adequacy or inadequacy ot t6e ralue ot the ptoperty Aereby moct~a~ed, or to the solvency + or insolveacy of the AMrt~a~as or any other par~y defendant to such suit. 17~e Mort~~sa hereby epeci(ically raives the ri6ht to object to the appointment of s receiver as aforesaid aad Aereby e:pressly canseats that such appointment shal! be made as an admitted equ~ty and aa a autter of absolute ~i~6t to t6e M«t~a~ee :nd that tde same may be done vit6out notice to the Mortsa~or. ~ (f) If foreclosure proceedia~s should be instituted a~ainst We property covered by this mortN~e upon any other lien or claim whetAer alle~ed to be superior a junior to the lien of this mat~~se, the AAottsa6ee maY his optioa immediately upon ~nstitut~on of such su~t or durin~ the pendencr thereof declare tAis mort~a~e and the indebtednes~ secured hereby due and paysble (orthM~th and may at ~ts ~ oDtion proceed to toreclwe tsis oortp~e. ~ + ~ (v 'fhat the Mortp~a rill teep all rul ~nd peraonal property now or hereatter encumbered by tde lien ot this mort~afe insured as may be tequired trom time to time by the Mort~a~ee aiainst losa by [ite, ~c~ndstotm aod other hazards, casualties and contin~enc~es for such ~ periods and far not less thsa such amounts as mar be required by the Mortp~ee and to pay promptly v~Aen due all prem~ums (a such ~ insuranea. The ~eeomu ot iesurance required by.ehe MortsaEee sh~ll ba tAe miaimum amounts tw vh~ch s~id msurance shall be r•ntten ~ aad it ahal) be incumbent upon the Mort~a~or to m~intain such additional insurance as m~y be nccessarY to mee~ and comply fully w~th ~ r all co-insunnce requirements contained in said policies to t6e eod that the ssid Afartaa~or is not a co-insuror thereunder.lnsurance shall be vrritten by ~ company or compaoies ~pptored or desi~nated by the Mortis~ee and ail policies and renevrals thereof sAall be he1J ~ by the Matp~ee. All detailed desi~n~tions by t6e Mat~~~or wF~ch are accepted br the Aloctq~ee and all a~reements betreen Mort~a6or ~ aad Mortsasee relat~e~ to inaurance, nmr e:istin~ or Sere~tte~ made, ~h~ll be in writin~ and sA~ll be a part ot this matp~e a~reement ~ as tullr as tAouth set forth rerbatim here~n ~nd sh~ll ~orern both parties hereto and their successors ~nd assi~ns. No I~en upon any of y ~ s~id policies o( insurance ot upaa any retund or retum premium rhich may bt pay~ble on tAt caecellation or terminauon theteof, shall b be ~iven to other than the Morti~6ee, e~cept by propet tndorsement stfiaed to such pol~cy and ~pproved by Mort{a~ee. Each pol~cy of ~ ~nsur~nce ahall h~ve atfi:ed thereto a Stsad~td Ne~r York l~lortq~ee Clsuse ar~thout Conuibution. matina a{I loss or losscs under ~uch ~ policY payable to tde Mortp~ee as its ~nteresc may •ppear. In We eveat ~ny sum or swes of money become payable ~hercunder ihe ~1or=- ~aset shall have the opt~on to receire and apply t6e suae on account o( t!?e ~ndebtedness hereby secured, or ~o perm~t the ~lort`agor to teceive snd use it, a any part thcreo(, ~rithout tMereby w~aivin{ a impairin~ any equitr. liea, a n~ht under and by v~rtue ot th~~ ~ mat~a~e. In event of loss a physic~l dams{e to the mort~a~ed ptoperty the Mottp~ot s6a11 ~ive ~mmed~~te notice tAereof b~ Ta~l t~~ ~ the Mott~~~ee and the Mortp~ee eoay make proof ot loss ~f the sypeRis o de promptly by the S1orc`:sor• In e~ent o( fore~ln.ure of _ . . B~~K l~~ ~.~ti:1?_4fi . ? _ - ~ = ~ _ _~..._,~y . ~