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HomeMy WebLinkAbout0191 PROVIDEII, AL.WAYS, that if the 1lortga~or shall pay unto the \brtgag~e the indebtedn~ss ev~denc~d by a certain ptomissocy note af which the following in wotds and figutcs is a ttut copy to-v?it i ~4HN~~G I~O~G ' ~ i~_ 1. ~j00. 00 _ Miuni, F lorida 19 ; FUR VALUE KECEIV~D We s~oiIItl~t et21d SBVeY`811~ promiee to pay t~? thC ocder ot MORRI~ GLADSTONE sIId RLGIN$ GI~ADSTONE s his wiYe r thr principal sum of OII@ Thousand Five Hundred arid ,]~Of 100------DOLI.ARS, together with i~te~est ' thereon [rom date at the nie of ten percent, per annum until maturity, both principal and interest being payable in law[ul money of ! t?te Urrited titatea at 2244 Biscayne Blvd., hliami, Florida, or at such other place as the ~hoiders hereoi raay designate in writing. ~ ' t'rincipal and interest payable in insWlments as foUows: ~ Thirty ($30.00) Dollara per month, beginnin~ on the 15th day oY December, 196g, and contiauing on the 15th day of each and every month thereafter until paid in full. This note may be prepaid in whole or in part after one year from the date hereoi upon payment of a penalty equivalent to twu prr~ent of the princiPa! sum prepaid. F,Yrh in~tallment payment shatl be credited fust on the interest due, and the remainder on principal; and inlerr,st shall there- upon eease upon the principa! so crtdited. The maken and endo~aers of this note [urther agree to waive demand, notice uf non-payment and protest, and in the event suit ~ ,tiall be braught [or the collection hereoi. w the same has to be collected upon demand ot an attorney, to pay reasonable attorney's I frr, for making sunc ~ollection. Ue(erred payments hereunder shall bcar interest at the nte ot ten percent per annum [rom maturity until paid. This note is secured by a murtpge~of even date herewith and is to be construed and enforced according to the laws of the ~tate of Florida; upon default in tFe payment of principal and~or interest when due, the whde sum of principal and interest rrmaining unpaid shall, at ihe option of the holders, become immediately due and payable. Fio~a w. Btlrket _ (SEAL) Gladys V. Burket ~S~A~) Prepued by Spieler & Te~drich, Attomeys - 2240 Siecayne Blvd., Miami, Fbrida and shall perform, comply with and abide by each and every the stipulations, agreements, conditions and cove- nants o[ said promissory note and of this deed, then lhis detd and the estate thereby created shall cease and be null and void. 1. The Alottgagor hereby covenants and agrees: (a) To pay all and ~~n`ular the pcincipal and interest and other sums ot money payabte by virtue of sa~d promisso~y rtote and lh~s deed, or either, pranptty un the days cespectively the same se~erally becomcs due. . (b? To perm~t, cumm~t or suffer no raste aod eo mamtam thc ~mpro~•emems at all times in a st~te of good repa~r and condition, and to do or permit to be done to said premises nothin~ that Mi{I alter or chanae the use and c1+~r~cter ot s~id property or ~n any way impair or a•eaken the secur~ty of th~s mort~a~e. And in case of the refusal, ne~lect or inability of the Mortsa~or to tepair and maintain ssid proper- ty, the Afortsa~tee may, at his option, make such repairs or cause the s~me to be made, and ~dvtncc moneys in that beh~lt. (c) To pay a!1 and cin~ulat the taacs, sssessments, le~~ies, liabilities, and obli~ations o( evtry nature oa said destribed property each and every vrhen due and payable accadina to law, betae tAey become deliaquent, and to deliver to the Mort~s~ee on or betare March ISth of eacb year taa receipts evidencins the paYment o! all lav~ully ~mposed ta~ees fot the preeedina calendtr year; to indemnify the Alatjsjee upun his demrnd (or all taxes, ~ssescmen~s and char~es that may be aaaessed upon this mortsa~e on the indebtedneas s•- cured hereby, and paid by the mort~a~e~, ~ithout regard te any la~r hereto(ote ea~cted a hereafter to be enacted imposin~ payment of the Whote or sny ~art thereot upon ehe Mortsa~ee, (d) To pay aN and s~njular the costs, charaes snd expeases, includ~ns IaWyers' tees and ~bstnct costs reasonably ~ncurred or pa~d at ~ny time by the AlatRaEec because of the failure on the pa~t of the Stort`asor to pe~form, comply with and ab~de by each and every che st~pulat~ons, a`reements, cond~uons and covenants of said promisaory note and this deed, or eitAer, artd every such~paymen~ ch~ll besr mterost from date at iht nte of ten UO'L) per centum pe[ annum. (c) It is fur~hu coven~nted ~nd asreed by said put~es that in the event of a suit bein~ ~nstituted to foreclose th~s mort~ase, the Alort- ; {a~ee shall be eatitled to apply at any time pendin~ ~uch foteclosure suit to the court h~vin~ juriadiction thereof for the appointment of a receiver of ~(t and siesutar tAe mortja~ed propetty, ~nd o( all reats, iacoa!es. profits. issues and revenues tAereof, (rom ~hatsoever source derived; and thereupon it ~s hereby eapreaaly covenanted and ~~reed W~t the Co~tt shall torthwith ~ppoint such receirer a~th the usual po~rers and duts~s of receivers in like c~ses; ~nd a~id •ppointment shall be made by the court ~s • matter of strict ri~ht to the Mort~a~ee, and w~thont relerence to the ~dequacy or in~dequacy ot the ralue ot t6e property hereby mortsa~ed, a to the solvency or innotvencY of the Mort~asora or any other p~rty defend~nt to ~uch suit, The ~1ort`a~a hereby specific~lly waives the right to ob~ect to the appointment ot a recerver as atoresaid •nd hereby express[y consenta th~t such ~ppomtment ahall be made an admitted eqw~y and as a nutter of absnlute »aht to the Mort~s{ee and th~t the a~me may be done rrithout notiee to the ti1wt~~~or. ; U) Jt forecloswe proceedinjs should be instiwted ~pinst the propetty covered by this mort~~~e upon any other lien or claim vAether alle~ed to be supenot a junia to the lien of Nis mortp{e. the Mott~a~ee roay at his option immediately upon ~nsutut~on of such suu or durin~ the pcndency thereof declue th~s mort~a~e •nd the indebtednese secured hereby due and p~ysble (orthwith and may at its opt~on proceed tn foreclose this mort`ase. That thc Mort~a~os wi1( keep all real and person~l property nov ot hertatter encumbued by the I~en of this mort~ase insured as may be reQu~red from ti~ne to time by the .llort~a~ee a{~inst loss by fire, wiadstam and other hazarda, caswlues and conhnEtectes (or such periods ~nd for not less than such amounta ai euy be reqoired by the Mortj~jee ~nd to p~y promptly vhen due NI premiums such insurance. The ~mounts of insur~nce required by the Mort~~~ee sh~ll be the min~mwo aiaounts fot rhich s~~d in~ur~nce shall be wntten s and it shall be incambeAt uposi !!se 11ort~a=or to msinh'.n auch ~ddition~l insutance as auy bt necesaary to meet and comply (ully with •11 co-ins~etence requiresents contained in s~id policiea to t6e tad tlut the s~~d Mort~a`or is not a co-~nsuror thereunder.lnsurance sha11 bc anttea Ey ~ coopany or canpaoies •pproved-er deai~n~ted by the Mort{~~ee ~nd ~II policies and tene~rals tAereo.` shall be held by the Matpsce. A11 detsiled desi~n~tions by Ne Morctstor which are acccptsd by tAe !1lort~a~ee and all asreements between MortEssor and Mortsaaee rel~tina to iniur~nce, nmv eaistin~ or hereatter made. sh~11 bt in Mritin~ ~nd s6a1I be ~ p~tt of tAis mortp~e a{recment aa fully as thou~h set forth verb~t~m herein and shall ~ovetn both p~ttie¦ hereto and their successors and ass~~ns. No lien upon any of ' r s~id policies of ~nsurance or upon any retund or reture premium vhich may be p~ysble on the c~ncellation or term~nation thcreot, sh~ll be siven to other than tre Mat{~see, except by ptoper endwaewtnt •(fiaed to sueA policy and ~pproved by Mort~a{ee. Each policy of ~naurance sh~l! have a(tiaed thereto • St~ndud Hev Y«k Mort~~~ee Clawt ~~thout Contribuiion, makins all loss or losses ueder such policy p~y~ble to the Martp~et as its ~aurest may appear. In the erent any sum or sums ot money becane p~y~ble thereuoder the ~1ort- • ~s~ee sAall h~ve the option to receive and apply the s~me on aecount of the indeb~edness hereby aecured, or to permi~ the Wort`aEor to receivc and use +t, or •ny part thereo(, without thereby ~aivin~ a impainns any equity, lien~ or ri~ht under and by vutue of ~h~. ~ +na~q~e. In evrnt of loss or physic~l damase to tAe mortsa~ed property the Slortp`or shalt ~ive ~romedi~te not~ce thereof by Tait ~ the Mort`a~ee and the ~lartga{ce may make proot of los± ~f :he same is not made ptomptly by the ~1mtEasor. ln event o( fore~ln~ure of . _ ~ -~.8~. P~~E ~.9~. ~oox ~ . - z ~ ~ ~ v~. - - - = _ ~ Y ~ ~ ~ ~