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HomeMy WebLinkAbout1258 . ~ • . ; ; , PROVIDEf). ALWAYS. that if the \1ort~a=or shall pa~• unto the !Nort~a~ee the indebtedness ev~d~nced by a certa~n promissory note of which the follow~ing in words and (i~ures is a t~ue copy to-wit: r I/~d~F~9Q~C 3 2.475•00 Miami, ~~«~d. November 15th ly 69 FuR vALUE NECEIVEU_ We ointl and severall pro mi~e co pay tutheorde~o(~L'Q~RI~I~ Bt:rZG"I'LIN arid P.iIRI'~M B'..-s'RG3`iEIN his NO wife the principal wm uf TWO Thousand our Hundred Seventy F VC SIId ppLLAfiS, together with intereat thereon from date at the rate ot ten percent, per annum until maturity. both principal and intereat beina payable in lawful money o[ the United States at 2244 Biscayne Blvd., Miuai, Florida, o~ at auch other place as the fidders hueo[ may designate in writing. Principa! and interest payable in insUllments as foUows: Sixty ($60.00) Dollars per month, beginning on the 15th day of January, 1970, and continuing on the 15th day of each ffid eversr month thereafter uatil paid in full. Tl~is note may be prepaid in whole or i~ part aiter one yeu fcom the date hereof upon payment of a pe~alty 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 inttrest ehal! there- upon cea~e upon thc principal so credited. The maken: and endo~ers of thu note [urther agree to waive demand, notice of non-payment and pmtest. and in the event suit ~hall be bniught for tlu collection hereof, or the same has to be cdlected upon demand o( an attorney, to pay reasonable attorney a fees for making sueh cdlection. Ue[eRed payments hereunder shall beu intecest at the rate of ten percenl per annum Irom maturity until paid. ~ This note is secured by a mortg~ge~o[ even date ha~ewith and ia to be construed and enforced aecordin6 to the laws of the I State af Florida; upon default in thepa yment of principal andlor interest when due, the whde arm of principa!„~q~, interest ` remaining unpaid shall, at 1he option of the holde~s, become immediately due and payaWe. ~ ~ ~ r - I (SEAL) c ~ ~ -G~ ~s~?~~ ~ Prepucd by Spiekr & Teadrich, Attorneys - 2240 Biecaynt Bhrd., Miami, F ida and shall perform, cumply with and abyde by each and every the stipulations. agr~ements, conditions and co~e- nants of said promissory note and of this deed, ,then this deed and the estate thereby create~ shall cease and be null and void. , 1. The Mortsaaor hereby covenants and agrees: - (a) To pay all and smsulu tAe pmc~pal and intercst and other sumc o( money psyable by nrwe of said praossory note and this _ i deed, a either, ptomptly on the days respectively the same severally becomes due. ; (b) To permit, camut or su(fer no ~aste and to mama~n the ~mprovements at sll tia?ea in a state of soad repa~r and condiuon, and to ~ do or perm~t to be done to ssid premises nothin~ that Will slter or chan~e the use and character ot said propetty or in any vray impair a •eaten the security ot this mortp~e. And in c~se ot the retusal, ne~leet or inability ot the Mlortsa6or to repair and maintain said proper- ~ ty, the Mortp~ee may, at his opt~on, make such repairs or cause thc same to be made, and advanee moneys in that beh~lf. : (c) To pay all and s~asulsr ~he taxes, assessments, leriea, liabilities, and oblisatiotfs, ot every nature on said described property each and erery vhen due and payable aecadin~ to IaW, before they becomc deliaquent, aad to deliver to the MortLa~ee on or before March ~ 1Sth o( eaeh year ua receipts eridencin~ the paYment of all lav?tully imposed ta:es for tAe precedio~ ealendu year; to indemnify the ~ Mort~~~ee upoo his demand for all taxes. ~ses~ments and charses tlut may be aaaessed upon this mort~~~e on the indebtedness s~- ~ cured hettby, and paid by the mortjaaee, rithout re~ard to •n"y I~v hetetofae en~cted a hereafter to Ae enacted ~mposm~ gayment ot ~ the vhole or any ~+art thereo( upan the Mort~a~te. ~ (dl To pay all and ainsular the costs, charges and expenses, includm~ laryers' tees and abstract costs reasonably incuned or pa~d at ~ any t~me by the Mortss~ee because of the failure on the p~rt of the blortga~or to perfotm, comply with and ab~de by each and every the ~ stipulat~ons, a~eemen~s, cond~tions and corenaets ot said promissory note and this dced. or eit6er, and every sucA'payment shall bear ~ ~nte~est fran date at tne rate of ten (10'f.) per centum per ann~un. ~ ~ (e) It is further covenanted u~d a~tted by ssid p~rt~es that in the event ot a auit beins instituted lo toreclose this mort~~se, the Mort- - s~{ee s6~11 be entitled to apply at any time pendins suc6 (oreclosure suit to the court 6arins jurisdictim thereo( for ~he appo~ntment o( ~ teceiver of ~11 and siasular tht mort~a~ed property, and ot all reats, incomes. aor~s, issues and revsnuea thereof, troee rhatsoerer source deri~ed: and Utereuyon it ia hereby eapreasly covenanted aad •~reed that the Coutt s6~11 forthvith ~ppoint such receiver r~th ~ tbt wual po~ers and duties of receivers in lite c~ses; and said appo~ntn?ent shall be sade by the court ~s ~ matter of strict ri~ht ~o tht Mortt~~ee, and ~~thout refercnce to the adequacy or inadeQuacy ot the r~lue ot the property hereby mat~a~ed, ot to the solveecy ~ or insolvency o[ the Morttatora or any other party detet?dant to sncA auit. 7'he ~1ortL~Lor hereby specific~lly raives the neht to ob~ect to the ~ppoiateeat o( ~ receiver •a •fore~~id and hereby eapressly crosents that such appointment shall be made aa ~n admitted equity ~ and as a matter ot absofute ri~ht to the M«tp~ee and th~t tbe s~me aay be done without aotice to the Morc~atot. ~ y (t) If foreclosure prxeedin~s should be instituted a~~inst the property covered by this oort~a~e upon any otAerlien or claim Whether - alle~ed to bt superioc or jmior to tht lien of thia mat{~ae, the Mottp~ee msy at his optiot~ immediatety upon mstituuoe of such su~t = or darie~ the pe~deacr tMereot declare this oart~~~e ~nd the iodebtedness secuted Aerebr due ~nd pay~ple (arth~rith ~nd may at ~ts option procee0 to taeclwe t6is mat~~~e. 'e3 Tb~t the Mortp~ar rill keep all re~l ~nd personal ptoyerq aow~ ot hereafter encueabeted by the lien of this mortjase ~nsured as may be required itos time to time by the Morts~lee ~~~inst Iws by (ire, windstorm and other has~rds, caswlties ~nd coetm~encies tor such ~ t; pu~ods aM for aot less tAae ~uch •mounts ~s may pe reQuired by the Mortsa~ee and to p~y promptly when due all premiums ta such ; inarrmce. 7Ae ~souata of ituutaece repuired by t6e A~Iorti~Re ~hall be the miniuum aowunts fa rvhich said insur~nce sh~Q be written ~ aod it sA~ll be incumbent upon the Morts~~a to maintain such ~ddition~l inaur~nce as may be necesaaty to meet and comply fully ~ith ~ ~11 co-inaurance requitementa contsintd in s~id policies to the ead that tAe said Mat~a~a is aot a co-insuror theremder.tnsurance _ ~4 s6~11 be +~rittcn by ~ co~paar or coopaniea ~Pp~oved or desi~o~ted by ehe Martp~ee and all policies aad rene.?als thereo( sh~h be held ~ by the Mortp~ee. All detailed desi~nations by the Mat{~tor which are accepted br We Mort~a~ee and all a~reements betreen Morip~or ! = and Mor4asee rel~t~ns to iasurance. no` eaistin~ or here~tter made, ~hall be in rritia~ and shall be • p~rt of tbis mott~a~e a~reement # u(ully as thou~ set fath ~erbat~m here~n ~nd s9~11 ~orem both parties hereto ~nd their successors ~nd assi~ns. No lien upon any ot •~id polieies of insurance or upoa anr retund or reture pre~ium whicA mar be p~Yable oe the csecellation or tcrmin~tion ~hcrcof~ shall !e ~iven to othet thae tAe 1/o~t~a~ee, escept br propet endorseoent atfi:ed to such pol~cy and approred br hlat~~~ea E~ch poGcy of iwutwce sb~ll 6a~e •fti:ed thereto a Sundard Ner Yak Mortp~ee Clause vithout Convibuuon, m~kin~ all loss or bsscs under such ~-s policy papsblt to the Martp~ee as its interest ~uy ~~at. le the srtot ~ny sum a sums o( moeey become p~yable iheremder ihe ~1ort- ~asee shall A~re the ophoa to receive and •ppty t6e s~~e on iccount of the iadebtedness hereby secured, or to permit tAe Mori~aEor ~ to recei~s and uae it, a•ny part thereof. without tAereby wiiv~n~ or impairiey any eauity, lien. or n~ht under and by v~rtue of th~a phya~c~! d~m~~e to the aott~a{ed property the Mort~a~or s?~11 ~i••:-~mmed~ate notice tAereof by ma~l t~~ mat~ye. In erent of Iws a the Matp~ec and lne Mor~p~ee may make proof ot loss if the same ~s not made ptompUy py the Nat<a~or..ln svcn~ ot taeclosure o( r*~ , BOOK 1~1 PAGE~~~ ~ ; _ ~5 , : c_ , .r.~-::~