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HomeMy WebLinkAbout0063- ~ t t ~ PRO~'IUEI1, ALR'AYS. that if the Mortgagor shall pay unto the Nortgag the indebtedness evidenced b)~ certain prwni.sory note of which the following in words and figures is a tut copy to-wits ~~~ ~ July 19 1y~2~ FOR YAI.UE KE:CEIVED We jointly and severally pwmit+e to Wy to the order oI - the principal twm o[~ housand Ti ht Hundred Fift and DOld.l-RS, todethet with interest thereon [torn date of the rate of ten percent, pet annum until maturity, both principal and interest beirt~ payable is lawful money of the United Statrs< at 2241 Biacaytte Blvd., Miami. Florida, or at wch otbet plan a• the holden hereof troy deaianate in writittd. Principal std interest payable in inatalltnents as [odowa: Forty Five (l~45.00) Dollars per month, for sixty (60) consecutive months, on the 15th day of each end every month, beginning on the 15th days of September, 1969, and continuing until the 15th day of September, 19?4, at which time the bal9ince shall become due and payable This note may be prepaid in whole a in part after one year from the date hereof upon payment of a penalty equivalent to two percent of the principal sum prepaid. Each installment payment shall be credited Crst on the interest due, and the remainder on principal; and interest shall there- upon cease upon the principal ao credited. The makers and endonen of this note further a`roe to waive demand. notice of non-payment and protest, and in the event suit shall be brou611t for the edkction hereof, or the acme has to be collected upon demand o an attorney, to pay reasonable attorney's fees for makfrt~ s»ch collection. Deferred payments heseunda shall bear sntereat at the rite of ten percent per annum from maturity until P"d. This note is secured by a nwrtBase-of evert date herewith and is to be contrued and enforced accordutl to the laws o[ the State of Florida; upon.detault in the p~rmeet of principal and/or interest when due, the whole sum of principal and interest remaining unpaid shad, at the option of the holders. become i due sad payable. !,Q ., V (SE:11.) Ntepsred ~ Spieler iti Tsnikti. Attarwcys -4210 Bisesprie mod.. pOsiai. Florida and shall perform. compl)~ with and abide by each and every the stipulations, agreements, conditions and cove- nants of said promissory note and of this deed, then this deed and the estate thereby created shall cease and be null and void. 1. The Mortgagor hereby covenants and agrees: la) To pay all and singular the principal and interest and other sums of money payable by virtue of sad promicsory note and this deed, or either, promptly on the days respectively the same severally becomes due. (h) To permit, commit or suffer no waste rld to mantain the improvements at all times in a state of good repair and condition, and to do err permit to lie done to said premises nothing that will alter or change the use sad character of said property or m any way impau Ix weaken the security of this mortgage. 0-nd in case of the refusal, neglect oc inability o[ the ilortgagor to repair and maintain said proper- ty, the Mortgagee may, at his option, mate such repairs or cause the same to be made, and advance moneys in that behalf. tcl To pay all and singular the taxes, assessments, levies, liabilities, and obligations of every nature on said described property each and every then due and payable according to lar•. before they become delinquent, and to deliver to the Mortgagee on ex beforr \larch 15th of each year tax receipts evidencing the payment of all lawfully imposed bxe3 for the preceding ealertdar year, to indemnity the Aortgagee upon his demand for all taxes, assessments and charges that may be assessed upon this mortgage on the indebtedness ~~- cured hereby, and paid by the mortgagee, rithewt regard to any tar heretofore enacted or hereafter to be enacted Imposing ~aymrnt o: the thole or any nave thereof upon the Mortgagee. Idi To pay all and singular the costs, charges and expenses, including laryers' fees and abstract costs reasonably incurred or psi.: at any time by the Mortgagee becawe of the failure on the part of the Mortgagor to perform, eotnDly r•ith and abide: by each and evc•y nc~ stipulatiexls, agreements. conditions and covenants of said promissory note and this deed. of tither, and every such~paymcnt shall overt Interest from date at the rate of ten lids) per centum per annum. (e) It is further covenanted and agreed by said patties that in the event of a suit being instituted to foreclose this r.:ortgage, the \I~xl- gagee shall be entitled to apply at any time pending sucA foreclosure suit to the court having jurisdiction thereof for the appoenrmrnr of a receiver of all and singular the mortgaged property, and of all rents, incexnes, profits, issues and revenues thereof, from what.rK ... source derived; and thereupon it is hereby expressly covenanted and sgreed that the Court shall forthwith appoint such receiver ~ Ith the usual por•ers and dunes of receivers in like cases; and said appointment shall be made by the court as a matter of .trice right r.. the Mortgagee, and r•ithout reference to the adequac> or inadequacy of the value of the property hereby mortgaged, or to the s~~lrrn, •. or insolvency of the Mortgagors ex any other party defendant to such suit. The Mortgagor hereby specifically wives the right II. I~btrr: to the appointment of a receiver es aforesaid and hereby expressly consents that such appointment shall be made as an admit[e.f Cyuit} and as a matter of absolute right to the Mortgagee and that the same IaaY be done without notice to the Mortgagor. tt) It foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claem ~h;thr• alleged to be superior or junior to the lien of this mortgage. the Mortgagee ntsY at his option immediately upon mstituuon of much wit or during the pendency thereof declare this mortgage and the indebtedness secured hereby due and paYablc f~xthrith and mar- as :•~ option proceed to foreclose this mortgage. (g) That the Mortgagor will keep all real and personal property nor a hereafter encumbered by the lien of this mortgage Insured as mati be required frexm time to time by the Mortgagee against loss by fire, wind~toem and other hazards, casualties and conungencres G.r emu:^. periods and for not less than such amounts as may be required by the Mortgagee and to pay promptly when due all premiums for such insurance. The amounts'of insuratce required by the Mortgagee shall be the minimun-amotrtts for which said Insurance shall be written and it shall be incumbent upon the Mortgage to maintain such additioaal insurance as may be necessary to meN and comply fully with all co-iruurance requirements contained in said policies to the cod that the said Mortgagor is not a co-insuror thereunder.lnsurancc shall be written by a coapasy a cospaaies approved or designated by the Mortgagee and all policies and renewals thereof shall be he1J by the Mortgagee. All deUiled designations by the Mortgagor which are accepted by the Mortgagee and all agreements betr•een Mortgagor and Mortgagee relating to insurance, now existing or hereafter made, shall be in vetting and shall be a part of this mortgage agreement as fully as though set forth verbatim herein and shall govern both parties hereto and their successors and assign.. No lien upon any of said potieies of insurance a upon any refund ex return premium rhich may be payable on the cancellation or termination thereof, shall Ire given to other than the Mortgagee, except by proper endorsement affi:ed to such policy and approved by Mortgagee. Each policy n( inswance shall have affixed thereto a Standard New Yort Mortpgee Clause without Contribution, making all loss or Iosses.uWeT such policy payable to the Mortgagee as its interest may appear. In the event aey sum a sums sit money become payable thereunder the \Mrt• Agee shall have the opuai to receive and apply the same on account e>< the indebtedness hereby secured, ex to permrt the \lortgaprr to receive and use it, ex any part thereof, without thereby waiving or impairing any equity, lien, or right under and by virtue of chi. rtrortgate. In even- of loss•pr physical damage to the mortgaged property the Mortpgor shall giro Immediate notice thereof by ~•a:l t.. the Mortgagee ard~he Mortgagee may make proof of loss if the same is not made promptly.~e Slortgagor. In error of fiKCCln~ure of ao~~~79 ~ '~ -