Loading...
HomeMy WebLinkAbout1854 ' i " : ~ • PROVIDEf~, AL.WAYS, that if the \lortga~or shall pa}~ u~to the \1ott~a~ee the indebtedness ev~denczd by a certain ptomissoty note of which the following in words and [igures is a true copy to-wit: i ~d~~ ~ S 3.150.00 N'liami. Florida J8~11118Zy 24th ~q FOK V~1 t~-~FCF,j~ I ~ promi.~e tu pa~~ ~ to the order of LLA G the principal ~,m or Three Thousand One Hundred Fifty ei.nd No/10(~b1,LARS, togeth~r with inte~e~t ? ~ thereon from date at the nte of ten percent, pe~ annum until maturity, both prineipal and i~tecest being payable in law[ul money u[ the United Statca at 2244 Biscayne Blvd., Miami, Florida, or at euch other place aa the holdera hereo( may dcsignate in writing. P~incipal and intereat payable in inaWlmenta as follows: Fift~r (550.00) Dollars per month, for thirty-five (35) consecutive months, on the 15th day of each and every month, beginning on the 15th d~y of March, 1970, and continuing until the 15th day o~f February, : 19?3, at which time the balance shall become due and p~yable.~ ` This note may be prepaid in whole or in part after one year from the date hereof upon payment of a penalty equivalent . ' to five percent of t:se principal sum prepaid. ~ Each installment payment shall be credited Crst on the interest due, antl the remainde~ on principal; and interc~t shall thcn- upon cea..e upon the pnncipal so credited. ' ; ~ The makees and endocsecs of this note further agree to waive demand, notiee of non-payment and protest, and in the event suit ; ` ~i~all be brought [or the collection heceoE, or the same haa to be coUceted upon demand of an attorney, to pay reasonable attorne 's ; fcrx for making such collection. . Deferced payments hereunder shall bear interest at the rate of ten percent per annum [rom maturity unti) paid. ; _ This note is r.ecured by a mortg,age of even date huewith and is to be construed and enfomed according to the lawe of State of Florida; upon default in thepa yment of principal andlor interest rrhen due, the v~rhde aum of principal and interest rcmaining unpaid shall, at the option of the holders, become emmediately du and payabl . • '~-i~'~! ~ ,T~. G"'/~l~ (SEAL) ~ Prepared by Spiele~ & Tendrieh, Atcorneys - 2240 Bneayne Blvd.. Miaaa. Florida (Sl:AL) and shall perlorm, comply w~th 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 ~state thereby create~ shall cease and be null and void. ~ 1. The Mortgagor hercby covcnants and_agrees: ia) To pay all and singular tAe princ~pal and interes~ and other sumc of money payable by v~rtue of said prom.ssory note and this deed, or either. promptly on the days respecuvely the ~ame se~•erally becomes due. (b) To permit, comm~t a suffer no ~vaste a~d to mainuin ~Ae ~mprovements at all time~ in ~ state ot sood tepa~r and condition, and to ' do or permit to be done to said prae~ses noth~n~ thst w~~ll alter or chanse tde use and cAuacter ot said property or in any sray impair or weaten the secunty ot th~s mort~s~e. And in c~se ot thc refusal, ne~lect or inability ot the Mort~aaor to repair and maintain said proper- ty, the Mort~a`ee may, at his option, mate such tepairs or cause tAe same to be made, and adrance moneys in that beh~lf. (c) To pay all and sinsular thc taaes, assessments, levies, lia~~lities, and oblipt~oos ot every nature on said describcd property each and every rhen due and payable accordin~ to la~•, be(ae they becoa~e delinquent, and to deliver to the Mort6a~ee on or befare March lSth o( euA year tat receip~s evidencin~ the payment of all lawfully ~n?posed ta:es for the preeed~n~ ealendar yur, to ~ndemm~fy the Mart~a~ee upon his dem~nd fo~ alI taxes, asses~ments and char~es tAat may be assessed upon this mortsa~e on the indebtedness s~- cured hereby, and p~~d by the mortsa~ee, ~ithout re6ard to any law heretofae enacted or hereafter to be enacted impos~ns ~ayment oi the whole or any ~art thereof upon the Mortsasee. (dl To pay all and ainsular the costs, charses and expenses, includ~ns la~yers' feaa snd abstract costs reasonably incuned nr pald at any ume by the Morteasee because ot the (a~lure on the part ot the Mortea`or to pertorm. comply with and abide by each and every the st~pula~~oas. a~reements, cond~tions and covenants of said promissory note and this deed. or either, and every such~payment shall bear mtereet ttan date at the rste of ten UO'G) per centum per annum. (e) It is futther covenanted ~nd a~reed by said parues tbat in the event of a suit beia~ inatituted to (aeclose this mort~ase, the \lort- p~ee sh~ll be entitled to apply at any t~me pendie~ such toreclosure suit to t6e court harins jurisd~ctioa thereot for the appo~ntmen[ ot a receiver ot all and sinsular the matsa`ed pcoperty, and ot all tents, incanes, pcotits, issues and rerenues thertof, (tom rhatsoever source detired; and thereupon it is hertby e:pressly covenanted •ed a~reed that tAe Court shall f«thwitd appoint snch receiver w~~~ the uswl powers and duties ot receivets in like cases; and said appointment sh~ll be made by the court as a matter of s~rict riglit ~o the Mortsasee, and s~ithout reference to the adequacy or inadequacy of the •alue ot the ptoperty heteby mort~a~ed, or to the ~olvency or insolveney ot the Mort~asors or any other party detendsnt to such suit. The Mats~~or 6ereby spec~[ic~lly vaives tl~e n6ht to ob~ect ~o the appointment ot s receiver ~s a(oresaid and hereby etptessly consents th~t auch appoinuoent shall Ae made as an adm~tted equ~ty and as a satter ot ~bsolute ri~At to the Mortp~ee and th~t the same=may be done ~rithout notice to the Mort~a~or. (f) If (oreclosure proeeedin~s ahould be instituted a~ainst the property corered by this aart~a~e upon any other lien or claim rhether ~ alle~ed to be superior or junior to the liea of U?ia mat~~~e, the Mort~~~ee may st his option immedi~tely upon ~nstitut~on of such su~t at dutina the peodency thereof declare thia enat~ase •rtd the irdebtedness secured hereby due ~nd pay~ble tortNw~th ~nd may at ~ts optioo prxeed to toreclose this mott~a~e. That Ihe 6lottp~a will keep all teal •nd personal propertr aow ar 6ereafter encumbered py tl~e l~en ot this mort~s~e insured as may be reQuirtd itom time to time by the Morta~~ee a~~inst loss by fire, r•~ndstorm and other hsz~rds, cssualties and conun~encies tor such per~ods and for not less thaa such amounts ~s may be requircd by the Morttatee and to pay pranpily When due •II prcm~ums (a such ina~ranee. TAe ~wount? of insur~ate reQuired by the ?lort~a~ee sh~tl be the min~mum amounts for ~hich said insw~nce shall be rntten and it s6a11 be incumbent upon [he Mortsa~or to maintain sucb additional inaurance as may be necessary to meet ud comply fully ~r~th ~I) co-ituutsnce ~equirement~ contained in said policies to t4e ead that the said Martp~at ~s not s co-insura thereunder.lnsurance s6a11 be ~rritten by ~ coopany a coopan~ea ~pprored or dcsi~n~~ed by the Mort6a~ee and all polieief a~d rene~als thereo( shall bc held by the Mort~s~ee. All detailed desi~nations by the Mort~~~or whicd are ~ccepted by the btort~a~ee snd all a~reements bet~een Mortp~or ~nd Mattsa{ee rel~tln~ ~o insunnce, no~ existin~ or hetutter made, shall be in rr~tia~ and sdall be a part ot this mortq~e a~rtemcnt ~s (ully as tAoush set forth verb~hm Aeteio and ah~ll ~orem botA partiea hereto ~nd their successors and assi~ns. No lien upon any ot ? •~id policies of insur~ece a upon anr retund o~ retum prewiwe whieh auy be p~y~ble ort the c~acellatioe a terminat~on thereo(, shall ~ be ~iven to other ~h~n the Noty~~ee. e:cept by propet endorsaseot sffixed to such pol~cy and approred by Mort~asee. Each policy of ; ~ i~ insmanet s6s11 ha~e d(iaed thcreto ~ Staodud He~ Yotk Mortp~ee Clause WIIIIWI COIIMIbYU011. aukin~ all lq~ ur lo~sla ~der such ~ ~ Vo~~~Y WYable to the Mortq~ee as its iatc~es ay sp~su. In the erent ~ny sum a aums ot moner becomc psy~0~e.t~ertunder the tlort- ' ~aiee sAall have tAe option to receive and i~ply tht s~~e on sccount of t6e ~edebtednesa dereby secured, ot 1o permit the Slon~aEor to tecei~e and use il, or •ey part thereot, ~thout tAetebr ~~rv~n~ or ~mpunn~ any equ~tY. lien, or n~ht under and by nrtue o( thi~ oort~~~e. In event ot Iws a phys~csl d~ma~ to the mort~aaed property the Mat~a~or shall ~ire i~qmedi~te notice thereof by ma~l to ~ ~T~tbe Mqtf~~ee and the Morc~a~ce miy a~ake~proot ot loss the samc ~s not made pranptly by the ~tort~a~ar. In event of foreclo~ure o( . iY 3 ' . , . ~ ~ ~ ' BOOK 1S~ PACC ` 1850 ~ - ry~ ~ _ - : n. ~Y, . _ , v,.{~:~