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HomeMy WebLinkAbout1654 PROVIDED, ALWAYS. that if the \lortgagtx shall pay unto the !Mortgagee the indebtedness evidenct:d by a certain pranisaory note of which the following in words and`figures is a true copy to-wit: ~r~u2t~ cue ry:.~e ,- s l ~ , ~ (7 1•'111{ \ \Ll h: KI•a:!•:1\ N:1----- - -~'j-- ~_,._'" ~' ;t ,.,~r - ,,• - ' .,- - --- - --- hruu,i..,• to I,a}. -' ~ ~ ^ ~_e~ ~~ ~ ~~ "i)Ol.L:~l{J, tu~rlhrr t. itlt iulerr..l ttu• l,ri,-,•ipal ~uu-.-f ~''?Y'i:t^ - -.. ~- ,r,- .~ _ ~ e _' _~-` =`3 --- -'~~. ! ti~r•rrun fr.-ut drt.• ui the rat,. ul ten prr.•rnt, lu•r annum until n,aturih•, l,ulh principal and inlere~t l.ein~ pa}•ablr in lawful tnunr} of 1, au• l nitrtl ~tat~•~ al _''_•hl lii"ra~ nr Itt~d.. \lia-ui. !••luri.la, ur at .ut:h outer bluer a:~ the hu:u..r.. hrreuf may de~iooate in wrilino. ~ ~ + }'rinripal and int.•r.•,t paYald,• in iuaallntrnl. a-• (ol!uwa: .~~ ~~ `. 1. 3iatg ~'i~e ~~,~~~.00) Do~lays p.:~^ ..::,_~t'r., .'.,~~ _{t3 („0) c.:_,ec~~tive ~ '.'IOT:L:1S, On ~.-^-8 lit- Q'3r C.' e4:: ~..__ eJe_•J .':C-lv,, be~~ ~.i ;+' Oia t~18 i ~ i ~t d::~ of October, ? 969, a:ic c:, :tint,_ng ~x:til the ~~t ..try of ~ Gctc~~er, 197, at rr::ic:. ;,i.-,a t:-ie ca' arse ~hai2 oecor:a sae am I p~~abi e. This note ma}~ hr prepaid in wfwle or in part after one year from the date hrrrof upon payment of a penalty equivalent to two i~~•rrent of the principal ~uul prepaid. Each iu>tallutrnt payntcnt shall l,r cn~ditrd Crst on the interr~t due, and the rrwainder on principal; and inten•~t shall thrrr- UI,OtI ceav upon the principal s0 crrditcd. Thr waken and endut~cn of dtis note further agrrr to wai~•e demand, nuti,•e u( non-payment and protest. and in the crept suit hall hr hn,u~ht fur the collection hrrrof, ur the same has to he collected upon demand of an attorney, to pav reasonable attorney,: ire. fur uwkiu~ wch coile.aiun- Urfrrn•d paynlent~ hereunder shall hear intrru~t at the rats- of ten prrccnt per annum from maturity until paid. This note is secured by a mortgage o[ even date hrrrwith and is io hr construed and enforced aceordin~ to the 18wS of the Mate of Florida; upon default in the payment of principal anti~ur ititrrr:.-t when due, the whole stem of principal and interest remaining unpaid .hall, at the option of the holden, hecontr intmrdi rely du•- ;tad payable. ~,, Prepared by ~pirlrr .~ Tendrich, Attorneys - '.3'.4U Biscayne Itlvd., Miami, f orida anJ shall perform, comply 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 DaY all and s,nsular the pr,ncipal and interest and other soma of money payable by virtue of said proesissory note and th,s deed, or either, promptly on the days respectively the same severally becomes due. {, Q p (b) To permit, commit or suffer no waste and to maintain the improvements at all times in a state of sood repair and condition, a to '''~ do or permit to ere done to said premises nothiaS that will alter or chaase the use and character of said property or in any way impair or ~ weaken the security or this matNae. And is case of the refusal, ae~lect or ir-ability of the Mort~a~or to repair and maintain said proper- •.+ ty, the MartpEee may, at his option, make such repairs or cause the same to be made, and advance moneys in that behalf. p~, p• (c) To pay all and sio~ular the taxes, assessments, levies, liabilities, sod obli{ations of every nature on said described property each ~ A q w y~, ~ and every when due and payable accordinS to law, before they became delinqueet, sad to deliver to the Mortaaste on « before March O Fr 15th of sack year tai receipts evidencioti the payment of all lawfully imposed taxes [or.the preceding aalt:adu Year; to indemnify the ~ .,,r Martsa~ee upon Ais demand for all taxes, assessments and charges that may be assessed upon this mort~a~e on the indebtedness .~- ~ O cured hereby, and paid by the mortsaiee, without resard to any law heretofore enacted of hereafter to be enacted imposing !,ayment o: •~ O ~ the whole a any mart thereof upon the Mortsaaet. • (dt To pay all and sirt6ulat the costs, charses and expenses, includins lawyers' tees and abstract costs reasonably incurred or pard at ~ ~ any time by the Mortaaaee because of the failure on the part of the Mortsa~or to perform, comply with and abide by each and ever> the t3; O A 1• stipulautms, a`reements, conditions and corenaats of said promissory note and this deed. or tither, and every such•payment shall f+rar ~ ~ Q M interest frao date at the rate of ten (10'i) per cemum per annum. 3l ~ q ~ le) It is further covenanted and agreed by acid parties that in the event of s suit beiri~ instituted to foreclose this eartaase. the ~Irxt- gagee shall be entitled to apply at say time pending such foreclosure suit to the court having jurisdiction thereof for the appoinimcnr •.t ~ ~ of a receiver of al! and aittgular the mortgaged property, and of all rents, incomes. profits. issues and revenues thereof, from what.rK.rr G source derived; and thereupon it is hereby expressly covenanted and agreed tbat the Court shall torthwitb sppoiat such receiver +ith pp .,a i>• the usual powers and dunes of receivers in like cases; and said appointment shall be made by the court as a matter of .trice right i.• , ] OM4 ~ the Mactgaget, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, a to the s~•I.rn.. ar insolvency of the Mortga{ors or any other party defendant to such suit, The Mortpgor hereby speeiritally waives the right u. ubtr. r to the appointment of a receiver as aforesaid sad hereby eaptessly consents that strcb appointment shall be made as an admitted cquit~ and as a matter of absolute right to the Mortgagee and that the same wy be dons without notice to the Mortgagor, (f) If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim +hrthcr alleged to be superior or junior to the lien of this mortgage, the Mortgagee may at his option immediately upon institution of .uch Butt a during the pendency thereof declare this mortgage and the iodebteddess secured hereby due and payable forthwith end may at ir• option proceed to foreclose this mortgage. (i) That the Mortgagor will keep all red and personal property now a hereafter encumbered by the hen of this mortgage insured as mar be required from time to time by the Mortgagee against loss by fire, windstorm and other Aasards, caswlties and conunEencie. f~.r .ugh periods and tot not less than such amounts as ttuy be required by the Mortpgee and to pay promptly when due all premiums tm such instuance. The aotour,ts of i0strante required by the Mortgagse shall be tbs minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully +ith all co-wsuraace requirements contained is said policies to the etid that the said Mortgagor is not a co-insurer thereunder.lnsurance shall be written by • company a coopaniea approved a designated by We Mortgages and alt policies and renewals thereof shall be held by the Mortgagee. All deviled designations by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor and Mortgagee relating to insurance, no~i esisting a bereafter made. shall be in rriting and shall be • part of th,s mortgage agreement as fully as though set fortb verbatim herein and shall govern both parties hereto and their successors and assigns, No lien upon any ui said politics of insurance or upon aaY refund of return premium which may be payable on the cancellation or termination thereof, shall be given to other than the Mortgagee, except by proper endorsement aftiaed to such polity and approved by Mortgagee. Each policy of insorsncs shall have affi:ed thereto a Standard New York Mortggee Clatue without Contribution, making all loss or losses under .ugh policy payable to the Mortgagee as its interest may apptst. It1 the ertttlt say sum or sums of mosey becotae payable thereunder the ~tort- gagee shall bave the option to receive and apply the same on account of the indebtedaesa hereby aetured, or to permit the ~IortgaRur to receive and use it, or any part thereof, without thereby waiving a impairing any equity, lice, or right under and by virtue of thi+ ~ a,ortgage. In event of loss or physical damage to the mortgaged property the Mortgagor shall give immediate nonce therm! Hy trail N. - the Mortgagee and the Mortgagee may make proof of loss it the same ,s not made promptly by the Mortgagor, In e.rnt ..t t.ae~lo~urt of s ~K17y PACE165• ~~:.