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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: s ~`~~~:~C ~ . S_? ; 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( ~ ' . ' ~ ~1 , * r ~VUI~~~ 7~WL~~ ' ~ ~ ~ . _ ~~:=,.~r .r ~ _ r .r ~ . ~ _ . - . r,~.. _ r F~~