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HomeMy WebLinkAbout2760 PROVIDEn, ALWAYS, that if the ~lortgagor shall pay unto the ~1ort~agee the ind..btedness eviJenctd hy a ~ertain promisaory note of which the folloN•ing in words and figures is a t~ue copy tawit: 7~ March 28_ 70 _ f 1450 L00 _ _ Miuni, ~lorida_~ , _ tUR VALUE RECEIVEI~~ We, ~ointly and 8evera119 pro~~~i,~ iu Wy to t orde~ u( AAT RRTEDMAN and TILI~IL FRIEDMAN ~ h1S W1f @ lhe 'nci~l ~,m ~t One Thousand Four Hundred Fifty and no l~~)I.LAiLS. tugett~rr with i~trm~t ~he~eun Irum date at lhe nte of ten percenl. pe~ annum uoW maiurity, buth principal and inleresl beir~ parabk in law(ul n~w~ry uf _ th~ United ~t~ta~ at ~144 Biecayne Blvd., 111ismi. Fbrid~. or at wch other pl~e as the huldas henwf mqr da~i~natr in writinR. Principal ~nd intera~t payabk in imtdlmenW au fdluw~: i.1. l~ .rd w~.w 1 w w s~ Thirty-Five C~35•~) Dollar~ Y~~ ~.~u~.., ..a the 15th day o Mey, 1970, and continuing on the 15th d~r of each and every month thereafter until paid in full. ; This note may be prepaid in whole w in put after one year (rom the date hereof upon payment of a penalty eyuivalent tu five petcent ot the ptincipal sum prepaid. tacl~ inrtallment payment i:hall be c~edit~d first .~n the intereat due, and th' remaindrt on principal; and i~te~t ~chall th~~n•- upun n•asr upon the principai ao credited. Tl~r makerx and endoraerx ui this note (urther ag~ee to waive demand, nvlice u( nun•pay~nent and protegt, and in tl~r rvent Muit ; •I~a11 br bwught [or the cdlection he~eo~, or the same has to be oollected upue demand of an att~cney, c~ ~,r ~.~~w~ .~~«n~r'M ~ ~rrx fur making such cdkction. : ~ - - 11rf~~ed paymentE heerunder ahall bear interest at t1~e rah of tee percent pet annum !wm maturity until paid. ' 'I~hi~ oute ia seau~ed by a mort~ge~of even d~te hereMrith and is to be construed and en[oroed according to the lavra o[ the - ~tat~ of F Icxida; upon default in thepay ment oi principal a~d~or interest ~rhen due. the whde sum uf pnncip~l and int're~t ~ n~rnainina unpaid eha11, at the option of the lwldcrs, beooa~e immediatdy due and p~yabk. ~ ~ ` ~ ~pL) ~ ~r~r---Ci ~ J?~ll. C~~~' ~ - (ti~Al.) PrepaKd bp ~pieler d~ Tendrid~. Attanep~ - 2240 Bi~carne 81rd.. Mi~mi. F~W~ . ar~J shall petform, comply with and abide by each snd every the stipulations. agreements._.conditions and_ cove- _ ' nants of said pr«nissory note and of this deed. then this deed and the estate thereby created shall cease and be null and.void. 1. The Mortgagor hereby covenants and agrees: (a) To pay aIl and cinaul~r the princ~pal and interes~ and other sums o! money payable by virtue of said promisswy note and this ~ deed, or either, promplly on the days respectirely the same severally becanes due. i lb) To permit, comm~t or suffer no ~vaste a~d to mainu~n ~he improrements at all umes in a state of tood repair and cond~iion, and to ' ~ do ar permit to be done to said premises nothin~ th~t rill alter or chanse the use and chu~cter of said property or in any vay impair or i ~ reaten the secunty of this mortsa~e. And in case of the retusal, neelect or inability ot the Mort~asor to repair ar.d maintain said ptoper- ~ ty, ~he Mat~a6ee may, at his option, mske such tepaits or cause the same to De made, and advance moneys in that behslt. ~ (c) To pay •11 ~nd ~~n~ulu the tsaZs, assossments, levies, liabilities, and obli~ations of every nature on said desetibed property each ~ and every rhen due and payable accord~na to law, before they become deliaquent, snd to delirttto the Mott6asee an or betorc March 15th ot eacA year taa receipts tY~dencin6 the payment o( all lawtully ~mposed t~aes for t6e prece~lin6 calendar year; to indcmn~(y the Atat~a`ee upon his demand (ar all taaes, a.sessments and charees tAat may be assessed upon this mortaa6e on the indebtedness r.- ~ cured hereby, and paid by the mortsa6ee, sithout re6ard to aey :av heretofae eeacted or hereafter co be enacted imposint ~ayment of ~ the rrhole or any ~+art tAtreo( upon the Mortaasee. , g (d) To pay all and sinaul.ar the costs, chat~es and expenses.includ~ns I~~ryers' fees and absttact costs reasonably incurred nr paid a~ ° any time by thc ~tortaa6ee bccause of tht f~ilure oo the part of the Mortsasor to perform. comply w~ith and abide by tach and every the s~ipul~tions, atreemen~s, conditions and covenants ot ssid promis~ory note and this deed. ot either, and every such'payment shall bear t m~crest from date at the rate of ten (10'~) per centum per annum. ~ (el It is further covenanted and asreed by said parties that in the event of a suit bein~ instituted to faeclose this mort~aae, the A~a~- gssee shalt be entitled to spply at any time pendins such (oreclosure suit to the court hsvias jurisdiction therco( for the appomtmen~ of s receiver o( all and ainaular the aort`~~ed propetty, and o( sll rents, incomes. pto(its, iasues and revenues thereot. trom vhatsoever cource derived; aad thereupon it is hereby cxpressly covenanted aed a~reed that the Court ahall (orthvith appoint such ~eceirer v~th ~ the usual powera and dut~es of receivers in like c~ses; an8 s~id appointment shall be made by the coutt as a matter of strict ri~ht to 4 the Mort~asee, and rithout teterertce to the adequacy or inadequacy o( the value ot the property hereby mort~a6ed, or to tAe solvency i ~ or insolvency of tht Mortsa~ors or any other party de(endant to such sui4 The Alortsata hereby apecifically vaives the ri~ht to ob~ect t to the appointment o( a reteiver as atoroasid and hereby e:pressly conseats thst such appointment shall be made ~s an admitted equity ~ and as a matter of absolute risht to the Matp~te and that the same mar be done r~thout notiee to the Mort~ssor. ~ (f) If faeclosure proceediap should be instituted apinst the property covered by t6is aartq~e upon any other lien or cla~m whNher " alle6ed to be superior or junior to the lien ot this matp~e, the Mlortss~ee may at his optioa immediately upon mstitution of such suit or dunn~ the pendency thereot declarc tA~s nart`a~e and the iadebtedness secured hereby due and payable («thvith and may at ~ts a opnon proceed to faeclose tbis awrtaa~e. ` That the Mortp~or ~rill keep all real and personal ptoperty noy or hereafter encumbered by the I~en of this mortsa~e ~nsured as may ~ be required from timt to time by the Mortiaate spinst loss by fitt, ~rinds~orm and other hazards, caswlt~es and conun~encies fur such ~ penods and ta eot leas tAan such aaaunts as may be requ~red by the Mortq~ee aad to psy proa?ptly when due all prem~ums (or such ~ insursnce. The uwunts of iasur~ece required py the Morlsasee s6a11 be the miaimum amo~sits tor rhich sa~d ins~u~nce ahall be rrilten ~ and it shall be incumbent upoa 1he Mortsa~or to oaintsin such ~ddi~ional insurance as ieay be necessary to mee~ and comply fully with ~ all co-insutanee tequirements contained in said policiea to the ead that the said Mort~~~or is not a cwinsuror thereunder.lnsurance ~ shall be ~ritten by ~ companr or coeopaaies •pproved a desi~nated by the Mort~a~ee and ~11 pol~cies and renew~~ls thereo( shall be Aetd by the M«tp~ee. All detailed desi~nations by tbe Mort~ator ~hicA are accepted by the Mats~~ee and al1 ssreements betMCen Mort~~aor snd Mart~a~te rel~t~ns to insur~nce, now etistin~ ot hereaftcr made, sh~fl be in ~rtitin~ and shall be s part of this matN~e a~reemem ~ ~s fully •s thou~h set forth verb~t~m herein and shsll ~overn both patties htato and their successors aad assisns. No lien upon any of ~ said policies o( insurance a upan anr refund or retum premiua wbich aay be p~y~ble on the caacellation a termination thereof, shall be airen to other ~han the Mottia{ce, except by propcr endorsement affixed to sueh pol~cy and approved by Matsasee. EacA policy of ` insuranee ahall hsve stfiaed thereto a Sundud Nea York Mort~~~ce Clause ~itl~out Cootribution, makin~ •11 loss a losses unJer .uch ~ policy payable to the ?lortp~ee as its intercst may appear. In the evea[ any sum or sums ot money becane payable ihereunder ~hc ~for~- ~ 6~iee shall hare the option to receive and apply the s~s: on account of the indebtedness hereby secured, or to permit tAe \1nrtEaE~r to receive and use ~t, a any part thereot, without thereor .v~ivin~ or impa~nns any equ~ty, tien, or n~ht under and by vutuc of th~. s5 mxtpse. In evrnt of ~o~a a physical dama~e to the mortpsed property the Mort~s~or shall ~ive ~mmed~lte nouce,therno( by rc•il t~~ - 1he \lwtsasee ~nJ ihe M~rtRa~~t may make prout of los~ i( the sarne not made prompqy by the \1at~asor. In ev~ nt n( (ure~l~~•urc of ~ ° R 183 ~275? ~ ~ , . ;s BQOK FAG~ • . - - ~ _ , . . _ . . - - ~ - . _ ~ ;:~r