HomeMy WebLinkAbout0774 PROMISSORY NOTt (Principal poyobl9.~in monthfy instoliments--i~tanst Incltided)
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FOR VALUE RECEIYEO th~ ¦~dasi~w~/ ~oiwNr ~u~ Nvthlly ~awiNS t~ to tM ~e~ ~f
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ie w?~ ~e iw N*t. ~rifbwf N+N~ NM~h? w~~s N~nw~wf.
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~ed a0oe~+.
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7~Y aota ~sd ddened btvat Wmenb ~AaO De~r intera~t ?L tbe nte o[.~.~~..per cat. W+ ~nnaa hm :a~tarltl ~tII p~id.
1'A~ ade Y sccved ~ p~r~~~=o~t~e o( e.m date hereritA ~ad i to Im a,eutned ~nd wtneM aao~i W W Lw ot t6e dtat~ d lfaeid~: ~V~ M[Klt r
4.~ pasa~at d prlscip~l and; or i~taest ~6m due, tE~ ¦~de wm d psiacfpal ~nd mterc~t rem~Snio= mpsid wl~11, ~t W optfon d tAe Aaider. D~oo~~ 1sMdLt~ dM ui pyaW.
~ /s/ WALTER F. NOVAK ~
/s/ JEAN F. NOVAK
~'.i'Eit ~~li~ ~s.a~
_ wTroaN~rs wT uw
4o N. ~aTM srR[rr
MIAMI, ~1.ORIDA ~ }
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and st?al) perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory i
nute(s) and of this deed, then this deed and the estate thereby created shall cease and be null and void. '
l. The Afortgagor hereby covenants and agreea: >
(a) To receive all rents, pro6ts and other revenue in trust for the purpose of first paying al! and singular the principal and interest
and other sums of money payabie under the terma of this mortgage and by virtue of the promisaory note secut~ed hereby, and there-
, after to pay al) and singulaz tht taxes, assessments, levies, prior mortgages and obligations prompily on the days Cuced for payment
respectively.
(b) To permit, cotnmit or suffer no waste; to maintain the improvements at all times in a state of good repair and condition, both ~
! aesihetic~~lly and structurally, by applying preventive maintenance as well as remedial procedures; and to do or permit to be done to t
said premises nothing that will alter or change the use and character of said property or in any way impair or weaken the security of S
~ this rportgage. In case of the refusal, ne~ect or inability of the ~lortgagor to repair and maintain said propetty, the !~lortgagee may, ;
{ at his option, make such repairs or cause the same to be made and advance moneys in that behalf. ;
~ (c) To pay ail and singular the taxes, assessments, levies, prior martgages, liens, and aNigations of every nature on said described
~ property each and every when due and payable according to law, before they become delinquent, and to deliver upon demand to
4 the 1lortgagee on or before ~larch lSih of each year tax receipis evidencing the payment of all lawfully impc~sed taxes for the pre-
~ ceding ealendar yeaz; to indemnify the 111ortgagee upon demand fc~r all taxea, assessments and eharges that may be a~sessed upon
~ this mortgage on the indebtedness secured hereby, and paid by the mortgagee, wilhout regard to any law heretofore enacted or here-
i after to be enacted imposing payments of the whde or any part thenof upon the :~tottgagce.
~ (d) To pay all and ~ngiilaz the costs, charges and expenses, including Iawyers' fees and abstract costs reasonabl} incurred or paid at ~
' any time by the blortgagee because of the failure on the part of the ~lortgagor to perform, comply with and abide by each and every
the stipulationa, agreements, conditions and covenants of thia deed, and every such payment shall bear interest from the due date at ~
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~ the rate of tea per centum per annum; provided, however, that thia rigi~t on the part of the :1lortgagee so to make such pa~nent
dces noi create a duty on the part of the \lortgagee to make such payment in the event the tilortgagee choosea not to do so, a""i~d ;
~ elects instead to pursue any other altemate remedy to enforce the rigfits herein made and provided for such Mortgagee. ~
~ (e) It is further crnenanted and agreed by said parties that in the event of a suit being instituted to foreclose this mortgage, the
~tortgagee shall be entitled to apply at any time during the pendency of such foreclosure suit to the court having jurisdiction therE-
~ of for the appointment of a receiver of all and singular the mortgaged property, and of all rents, incomes, pro5ts, issues and reve- ,
~ nues thereof, from whataoever source derived; and thereupon it is hereby expressly covenanted and agreed that tfie court shal) `
; forthwith appoint such receiver with the usual powers and duties of receive~s in like cases; and said appointtnent shall be made by
the court as a matter of strict right to the lfortgagee, and without reference to the adequacy or inadequacy of the value of the
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~ ~tortgagor hereby speciGcally waives the ri~t to object to the appointment of a receiver as aforesaid and hereby expreasly consents
~ .uch appointment shall be made as an admitted equity snd as a matter of absolute ri~t to the Mortgagee and that the same mry be
" done without notice to the :~lortgagor.
~ If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim
" whether alleged to be supcrior or junior to the lien of this mcxtgage, the !~lortgagee may at his option immedistte.ly upon inatitution
- of such suit or during the pendency thereot declare this mortgage and the indebtedness secured hereby due and pryable forthwith
and may at ita option preceed to foreclose this mortgage.
(g) That the ~lortgagor wJl keep all rea) and personal property now or hereafter encumbrred by the lien of thiamortga~;e insured as ~
may be required [rom time to time by the 3lortgagee against (oss by fue, windstorm and other hazards, casualties and contingencies
~ for such periods and tor not les~ than such amounts as may be required by the ;1lortgagee and to pay prompdy when due all pre-
- miums for such insurance. The amounts of insurance required by the 1lortgagee shall be the minimum amounts for which said ~
~ insurance shall be written and it shatl be incumbent upon the Mortgagor to maintain such additional insuranoe as may be neceesary
to meet and comply fully with al) co-insurance ~equirementR contained in ~aid pdiciP,s to the. end that the said Mortgagor ia not a
eo-insuror thereunder. Insurance shall be written by a company or companieadp~r9~ P~ dr.signa the Mortgagee and ail
BOOx 1~J PkGE
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