HomeMy WebLinkAbout1862 , . ,
PROVIDEn, ALWAYS, that if the ~lurtgagor shall pa~• unto the \lottgagee tht indebtedness ev~denctd by a
certain promisso~y note of which the following in words and [igures is a true copy to-wit:
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; O~O.OQ ~iiami, Florid~~Ianu arv 24th 1~1~Q~
,
FON VALl1F. RECEIVFU We ~~oi ntl ~ and s_ver 11 v promi.e to pay
to the order o! ~jil,$~._ C NT~B 8nd ANN~G_. CANTOR _~s wif e ~
~
the principal sum oi Tw0 Thousand Fift~ and No/100 DOI.LAR~, togeth~r with inte~r:t ~
thenwn ftom date at Ihe nte of ten percent~ pe~ annum until matu~ty, both principal and interesi being payabie in lawful money of t
th~ United States at 2244 Biscayne Blvd., ll~iami, Florida, or at anch other place a8 the holdera hereof may designatr in writing. '
t'ri~cipal and interest payable in insWlments ae tollowa: ~
Thirt9-Five (~35.00) Dollars per month, for thirty-five C35) consecutive
month, on the 15th day of each and every month, beginning on the 15th
d~p of March, 1970, and continuing until the 15th day of February, 1973,
at which time the balance shall be~ame due and payable.
~ ~ i
This note may be prepaid in whole or in patt after one year fcom the date hereof upon payment of a penalty equivalent "
to five perce~t of the principal sum prepsid.
Each in~tallment payment shall be credited Cret on the interest due, an8 the remai~der on principal; and interest shall t{~rn- #
upon cea.•e upon the principal so credited. ; ;
The make~ and endorsers o[ this note further agree to waive demand, notice of nompayment and pmtest, and in the event suit ~
~liatl be bmught for the collection hereo[, or the aame haa to be collected upon demand o[ an attorney, to pay reasonable attorney'r :
[ees for making sueh collection. - ~
Deferred payments hereunder shall bear interest at the nte of ten percent per annum Gom maturity until paid. ~
This note is recurod by a mortgAge~of even date herewith and is to be conatrued and enforced according to the lawb of th ~
State of Florida; upon default in thepa
yment oi principal andlor interest whcn due, the whole sum oi principal and interes ~
rcmaining unpaid shatl, at the option of the holdera, become immediately dut and payable. ~ t
K-- .
~ . (SEAL)
g r~ :
(SEAL)
Ptepared by Spieler & Tendrieh, Attorrerys - 2240 Bieeayne Bi~d., INiami, F ~ t
and shall perform, comply w~ih and abide by each and every the stipulations, agreements, conditions and cove-
nants o[ said promissory note and'of th'ts deed, then this deed and the estate thereby create~ shall cease and be
null and void.
1. Tt~e Mortgagor hereby covenants and agrees: ~ ~ ~
~ (a) To pay all and smsular the princ~pal and mierest and other sums nf money payable by virtue ot said prom.ssory note and th~s
; deed, or eitAer, promptly on the days respecti•~ely the same severallY beaomes due. ;
! (b) To permu, camm~t or suffer no ~aste and to ma~num the ~mprovements at sN hmes in ~ sfate of~ood tepa~r ao'd cond~uon, and to
~ do or perwit to be done to sa~d premises noth~ns tAat w~~ll alter or chan~e the use and character of said propecty w in any ~ay impair or
~ ~e~kep the securrty ot th~s mwtp~e: And ia c~ac of the refusal, ne~lect or inab~Iqy o[ the Mort~asor to rtpa~r and mainuin said proper-
ty, the MatpEee may, a~ h~s option, make such repaus or cause the same to bt made, and advance moneys ~n that behalf.
~ (c) To pay all an% c~n~ular t1~e taaes, assessraents, letiits, liab~l~ties, and obli~ations ot every nature on s~id described property cach
~ and every when due and paY~ble accordir~ to lar, bctore ~hey become delinquent, and to deliver to the Alorya~ee on or before l~larch
ISth of e~c6 year tia receipts aridencin~ the payment o( all la.~fully ~mposed ta:es tor ~he prceedins calendar year; to ~ndemn~(y the
~ Mart~a{ee upon;his demand tor all taaes, assss~ments and char~es that may be assessed upon th~s mwtsa~t on the iedebtednecs s~-
cured hereby, and paid by the matga~ee, w•ithout re~ard to any lao•heretofore enacted a hereatter to be enacted impos~~ ~yment o:
( the Whole a any ~art tAereot upoo the ~fortsasee. ~
~ (dl To pay all and sin6ular the costs, char6es and eapenses, includ~n6 la~vyers' tees and abstnct costs reasonably mcurred or pa~d at -
any ume by the Mortsatee because of the fa~lure on the part of the ~furegagor to pedorm, comply rn[h and ab~de by each and even ihe
~ shpulat~ons. ssreements, cond~t~ons and covenants ot said promissory note and this deed. or either, and every such'payment shall bear ?
~nterest from date at the ratc of ten (IO'b) per centum per annum.
(e) It is further covenanted and asreed by said parhes that in the e~~ent ot a suit be~ns insuwted to foreclose this mortaase, the ~fort-
~asee sAall be entitled to apply at any time pendin~ such foreelosure suit to the coun havins jurisdiction tNereof (or the ~ppoiniment
ot a receiver ot all and sin~ular the mort~~~ed property, and of all rents, mcomes, protits, issues and rerenues thereo(, trom rhatsoever
source dtrived; aod thereupon it ~s hereby e:pressly covenaeted and a~reed th~t the Coutt shall forthvith appoint such receiver r~th
t1~e usual porers and dut~es o( receivers in like cases; and aaid appo~ntment shall be made by the court as a matter of strict rigA~ io
~ the Mortp~ee, and w~thout reterence to the adeq~acy or inadeQuacy o( the value ot the property hereby matsased, or to the colvency
or insol~eney of the Mortsasors a any other psrty defendant to such suit. The Mortp~or hereby spcc~t~c~lly rvaives Ihe n6ht lo ub~tct
~ to the appointment of s receiver •s afores~id and hereby expreasly consents that such appo~ntment shall be made as an adm~tted equity
~ and aa a matter of ~bsolute ri~ht to the Mort~a{ee and th~t the same may be done r~t!?out notice to the Mort~~~or.
~ (t) If foreclosure proceedin~s should be inst~tuted a~ainat the property c~vered by this aart~~se upon any otherlien or claim ~rhe~her s
~ •lle~ed to be superior ot junior to tbe I~en of this mat~~~e, the Alort~a~ee may at his option immediately upon ~n~titut~on of sucA su~t
c' ot d~rie?s the pendeaey tAertof deelare this ~tt~~e •nd the indebt~dnesa secuted-Aatby due and payable f«thr~tA and may st ~ts
~ option proceed to faecloae this mortj~~e.
~ (t) That ~e Mat
p~or ~rill keep all real ¦nd personal property no~ or herea(ter encumbered by the I~en of this mort~a~e ~nsured as may
be required trom umt to time by tAe Mortp~ee •~ainst tosa by fire, w•mdstorm and other hsxards, caswlties and contmaencies for such
~ per~od~ and ia not less Waa such amow~ts as m~y be re~u~red by the Mortsa~ee and to pay promptly when due all prem~ums t« such
x ~nsuru~ce. TAe amounts of insur~ace required by the Mort~~~ee shall be the min~mum amounts tor vhich stid msurance shall be rntten
~ aad it sh~ll be mcua?bent upon Ne Mort~ata to maintsin such addiuonal in~urance as may be necessary to mee~ and compty (ully rith
~II co-insuranee requitements eontained in said pol~cies to the ead that ehe sa~d Alottpsor ~s not a=winauror thereunder.lnsurance.
ah~U be rntten by a coa~pany or coopan~es ~pprored or dssi~nated by the Mat`a~ee and all polic~es and reaevals thereot shall be held
by the Mat~s~ee. All detailed desiinat~ons by the Mon~saor ~vh~ch are ~ccepted by the Mort~~~et and all asreements betreen Mort~a~or
and Motl~a~ee relahn~ to insw~nce, nov ex~stin~ or herutter made, sh~ll be in Writin~ and shall be s patt o( this mort~a~e ~~reement
- as fully as thouih set fortA rerb~um here~n aod shall ~overn both partiea hereto ~nd tAeir successors and assi~ns. No lien upon any ut
said policies of ~nsur~nce a upoa any retund or return premium which nuy be payable on tAe c~ncellat~on or terminauon thereof, shall
be ~iven to other tAsn tde A{at~~ste. except by proptr endwsemtet a((iied to such poGcy and ~pproved by Mort~a~ea Each pol~cy of -
~ iniuraste abill hare •((iied thereto s St~adud Ne~ Yat Mortp~ee Clause +~~thout Conu~Euhon, matmt sll loss w losses under sucA
~ policy p~y~blt to the Mottp~te as its intereat may aPPeu. In the erent any sum or aums ot money becoene p~yable thereunder the ~1ort- $
E!? ~a~ee shal) hare tAe t~on to rectivt ahd ~ ly the ssme on aceount of the ~odebtedness hereb secured, or to t
op 1, Y permi{,Ij?e}1irt~aEor
to ~eceire and use it, a any part thereof, ~itAwt ehereby raivin~ or ~mpnrir?~ any equ~ty, lien, a n~ht~^~ a~~ ~r L(rfue`of th~~
matpse. In erent of lass a pAys~cal d~wa~e to the mort~~~ed property the Mortp~or shsll ~ive immedu~c m6tice thereof by Ta~l a~
~ the Mat~~~ee and the Mor~{s{te,msy makt proof of loss d the same ~s not made ptomptly by thc Alvtt~a~a. In event ut fwt~lntiurc u(
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