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HomeMy WebLinkAbout1067 PROVIDEf1, AI_WAYS, that if the ~lortgagui shall pay unto the \brt~age~ the indebtedness ~viJenceJ by a cettain prumi~soty note of which the follov?rins in wotds and fifures is a ttuC copy to-w~t: ~lla~~t~c ~~'otc t 4~4'Z,5_~O _ ~ : Miami~ Florida Jan3,3a~ry lOth 19~ FOR VAI,UE REC dV promise to pay to the wder o( DAVID W~~ an r , is w e the princip~i ~,m o[ Four Thousai3d Four Hundred Seventy Five et11~p , together with interest ~ _ the~n [rom dale at 16e ate oi ten pe~cent, per annum until maturity, both pri~cipal a~d inteceat being payable in lawlul moncy of the United States at 2244 Biscayne Blvd:, Aliami, Florida, or at such otbu plac~ as the holders hereof may deaignate i~ writing. Principal and intereat payabk in inatalimenta as fdlows: Seveaty-Five 75.00) Dollars per month, for sixty (60) consecutive months, on the 15th day of each and every month, beginning on the 15th day of March, 1970, and continuing until the 15th day of March, 1975• at which time the balance ahall become due and pa~yable. This note may be prepaid in whole or ia part after one year from the date hereof upon payment of a penalty equivalent to five percent of the princ~pal sum prepaid. Fach installment payment shatt be credited ~rat on the intereat due, and the ~+emainder on principal; and interest shall therr- upon ceax upon the principal so coedited. The makera and endorse~s o[ this note further agree to waive demand, notice of non-payment and pwtest, and in the event suit ahall be beought tor the collection hereof, or the eame has to be cdlected upon demand of a~ attorney. to pay reasonable attorney a lees [or making such cdlection. Deferred paymeots hereunde~ shall beu interest at the cate of ten percent per annum from maturitp until ~?aid. This note is secured by a mortg~ga~of even date he~ewith and.is to be construed and enforoed aeoordu~g to the lawa of th • State of Florida; upon defwlt in the payment of principal aadlo~ intee+cst when due, the ~rhde sum of principal and inte remaining unpaid si?atl, at the option of the holdera, become iauncdiatdy due and yable. ~ . (SEAL) Prepared by Spietu dt Ta~drid~, Attorneyt - 2240 Biieayne Blyd.. Miami, Florida ~S~AL~ ar~d shall perform, comply with and abide by each and every the stipulations, agceements, conditions and cove- nants of said promissory note and of this deed, then this deed and the estate thereby created shall ccase and be null and void. 1_ The ;~lortgagor hereby covenants and agrees: (a) To pay all and cin6ular the pr~nc~pal and interect and other sum.a of money payable by virtue o( said prom~csory note anJ this deed, or either, promptly on the days respectively the same severally becomes due. (D) To permit, canm~t or sutfer no +nste a~d ~o ma~ntain the improvements at all times in a state ot sood tepau and cond~uun, and to ~I do or permit to !+e done to said prem~ses nothina that will alter or chan6e the use and chancter of sa~d property or ~n anp ~ay ~mpa~r or rreaken the secur~~y ot tAis mat~a~e. And in case of the re(usal, ne~lect or inab~lity ot Ne Atort6asor to repair and mainta~n said proper- tY. ~he MatpEce may, at his op~ion, make suth tepaits or cause tAe saau to be mtde, and ad~ance awneYs in that behslf. . - . (c) To psy all and ainsular the taxes, assessmencs, lev~es, liabilities~ and oblipuo~s ot every nature on said described property each and every ~rhen due and payable accordias to law, befae they beeome delinquent, aad to deliver to the Mortaa~ee on or before March 15th of eich year bx ret'ripts evidencin~ the paYmrnt ot all lawfully imposed ta:es tor.the preeediaa calendar year, to indemnify the - M«t~a~ee upon his demand for alI taaes. •sses~men~s and cbar~es tbat msy be assessed upon t!?is mortea~e oo the indebtedness c•- cured hereby, and paid by the mortaasee. ~ithout resard to sr.y I~~r heretofore enected oa heteatte~ to be eoicted imposins payment ot the v.hole or any •vrt thercof upon the Mort~a~ee. ~ (d) To psy all and s~nsulat the costs, charses and eapenses, includin~ lavyers' tees and abstract cocts reasonsbly inturted .+r paid at any ~ime by the ~I~xlgaEee becau+e of the tailure w~ the part of the Mortpsor to perfo~m, canply w~th and ablde by tach and every tht stipulatlons, aareements, conditionx and covenants ot said pcomissory note and this deed, or either, and every such~payment shall bcar mterest from date at the nte of ten (10'L) per centum pet annum. . (e) It ia further covenanted ~nd apeed by said parues that in the e~ent ot a auit beins instituted to foreclose this mort~a6e, the Mor~- ~s~te shall be entitled to apply at any time pendins sucA torecloaure suit to tde court havios jurisdiction ~hereoffa the appo~ntment of a rece~rer ot all and sin~ular tl~e mortda~ed propcrty, and o( sll rents, incomes. profits, iss~es and revenues thereof, from wAatcoever source derived; and thereupoe ~t is hereby e:pressly coven~nted and ~~reed that the Coutt shall forthwith appoint such receiver r~th the ususl powera and duties of receivcrs in lite cases; and said appointment sAall be made by the court as a matter of strict ri~ht t~r • the Morisa~ee, and ~+ithout re(erente to the adequacy or iasdequaey d the ralue of tde property hereby ioat~a6ed. or to the solvency or insolvency of the Mortsasors or any othet party defendant to such suit. The Mortsasor hereby spec~f~tally wsives the risht to ob~ect to the appointment of a receirer aa atoresaid and hereby expreasly consents that such ~ppointmenl shall be made as an admit~ed cQu~ty ~nd as a matter o( absolute ri~ht to the Mottqsee and that the same may be done ~ithout nolice to the Morts~gor. (f) Jt forectosure proceedinp shouid be instituted s~ainat tLe property covered by tbia mortpse upon any other lien or cla~m whcther alle~ed to be superior ot juniw to the lien of this mat~aje. the Mort{~see may at his opt~oe ianmed~ately upon ~n~tituuan o( ~uch cu~! or durin~ the pendeney thereof declare this morts~se and the indebtedness sec~~G hereby due and payable forth~rith and may at ~t. option proceed to taeclose this mort~~~e. Thal the Mort~a~or rill keep sll real and persooal ptoperly nor or hereatter encumbered by the Gen of this mortgase insured ac may be required (rom time to time by the Mortaa~ee apinst loss by tire, wmds~orm and other hszards, C7SY~IIIt9 and l'1MIl11EtOlif~ tur .uch ; periads and ior not less th~a such amounts as may be required by the Abrt~~~ee ~ad to psy proaiptly when due all prem~ums (w such msunnce. The amounts of insurance required by the Mort{a6ee s6a11 be the min~mwo amoums for v6~ch said msursnce shall be Mntten and it shafl be iAcumbent upon the Mortsa`or to ma~nuin such additionat ~nsur~nce as msy be nece~sary to meet and cnmply fuliy s~~h all to-insursec5 requirements contained in ~~id pol~cie~ to the eod that the said Mor~~asor is not a co-insuror_ thereuqder.lnsurance shall be Mritten I+y a comp~ny ot companies spproved or Qesi~nated by ehe Mortsa~ee •nd all pol~cies and reaewalc thereo( ~hall ?x hclJ by the ?la~p{ee. Atl detailed desi~nations by the Mort~a~or which are accepted by tNe Mott~a~ee and all asreementc between Nort~agw and Mort~a~ee rel~tin~ ~o inaur~nce, no~ existin~ or ~tereRtter m~de, sh~ll be io ~t~t~ns and shall be a part oi th~s mor~sase ~~~tement aa fplly as thouih set fotth verbat~m here~n and ah~INSmtm both parties hereto ~nd their successors and assi~ns. No lien u~i;1~ aoy ~~f said policies of insurance w upon •ny refued or rotum premium ~hich may be pay~ble on the cancellation ot terminahon thereof. .hall be ~~ven ~o other ~han the Mortaa~tee, e:cept by propcr endorsement ~tfiaed to such policy and ~pproved by Mortsasee. Each pol~cy ~.f fnsunnce ahall Aave affi~ed ihereto a Standud New York Mort~a~ee Clsuse rithout Contnbuuon. m~t~n~ all loss or losac+ under .uch policy payable iu the Mortp~ee as ~ts ~oterost m~y sppear. In the event ~ny sum or sums ot mo~ey becane p~yable ~Aercuader the ~tort- p~ee shstl have ~ne opt~oe to receive and apply the same on aceount of tht indebtedness hereby secured, w to permit the ~1~rt~aR~~r k to rtceive and use ~x any part ~hereof, ~rithout Weteby w~iv~n~ a ~mpainn~ any equity, 6en, or nsht under and Ay vutuc of ~h~. , mort~a~e. In event of loss a physical dsmase to the r.wrltaRed property the ~lort~s~or shall ~~ve uemGJ~ate nuUce thercof by ma~1 tu the Mwt6aRer .~rx1 the ~MnEagce may make pro~.( ~~f In.. thc samc i~ no~ maJc promptlv by the ~Iur~RaK~ir. In ~~rm t~.rc~t~•~urc . • ~ U ~ ~~~r ~AC~~~~ ~ , . ~ ~ BO4K ~ ' _ _ . .3 " - . _ ~ ~ t : - ~~~~"r'~"s ~ s,°F~` s`x-~=~..~ ~ F ~