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HomeMy WebLinkAbout2827 i 1 t ~ 2 ~ ~ PROVIDEII, ALWAYS, that if the Alortgagor shall pay unto the Mortgagee the indebtedness rvidznccd by a ~ cerlain promic~ory note of which the follow~inR in words and [iRUres is a trua conv t~-wit: ~ 1925.00 nt~~~~d April 4, 19~0 s . a FOR VALUE RECEIVED We ~~OiIItly etlld 9eYer811y promise t wr to t e order o( ~'~ALT~;R BE~, RGER ~ 8IId N 1 the 'ncipal sum of n@ TC101188.II IIe Li re @II 31 V9 pQ[,(,p(~, together with in ~t S the n f~om date at the nte o[ ten percent~ per an~um until matu~ty. both principal and inlereat being payable in law(ul mon of ; the United titate~ at 2244 Biecayne Blvd., Miami, Florida. or at such other place as the holdas he~eoi may designate in wriUng. Principal aod intereat payable in inetallments ae Edlows: Thirty (i~30.00) Dollare per month, for sixty (60) con8ecutive months, on the 15th day of each and every month, beginaing on the 15th dey oi Mey, 19?0, end continuing until the 15th dey oi M~, 1975, at which time the balance shall become due and payable. Thia note may be prepaid in whola a in put dter one year from the date hereof apon payment of a penalty equivalent to five percent of the principal sum prepaid. Each installment payment shall be ccedited Crat on tt~e intereat due, and the remainder on principal; and intenat xhall thrre- upon cease upon the principal eo cadited. The makers and endorsers oE thia ~ote [urther agree to waive demand, notice of non-payment and pretest, and in the event suit shall be brought tor the coilection heceof, or the eame hae to be copected upon demand oE an attorney, to p:~ :r._+onabk attorney's (ee,~ [or making such cd{ection. ~ ' - Defen~cd payments hereunder shall bear interest at .ne rate of ten percent per annum from maturity until paid. • Thia note is eecuad by a mortpge~ of eve~l dtte herewith and is to be co~trued and enforced accordin6 to the laws of the • State oi Florida; upon default in thepa yment of principal andlor inta+eat when dne, the Mrhde eum of pnncipal and'.interest remainin6 unpaid ahdl, at the option of the holders, beoome immediately due d payabk. • ~ ^ S. r ~ '~+EAL) l~ . ~ ~ - -o-,~~E~ ~P~ M~ SPiekr 6~ Ta~drieh. Attornep~ - 2Z40 tiix~rne Bl~d.. Mi~mi. F ar~~ ~hall perform, comply with and abide by each and evety the stipulations, agreements, conditions and cove- ~ ~ants of said promissory note and of this deed, then this deed and the estate thereby created shall cease and be null and void. t 1. The Mortgagor hereby covenants and agrees: ~ (a) To pay al! and sinaular the princ~pal and interest and other sums ot money payable by virtue ot said promissory note and th~s ! deed, a tither, pramptly oo the days respectively the same seven{ly becomes due. (b) To permu, caamit or suffer no vaste and to ma~ntain the impcorements at all times in a state ot ~ood repair and cond~tion, and to f do or perm~t to be done to said prem~ses nothies that will alter or e6anae tde use and cA~ractet ot said property or in any way impair or E reaken the security o( this mort`ase. And ia case of the refusal, ae~lect or inability of the Mortsa6or to repair ar.d maintain s~id proper- ~ ty, the Mortp6ee may, at his op~ion, make such repairs or cause the samc to be made, and advaoce monoys in that beh~lt. ~ (c) To pay all and ain~ulu U~e taaes, assessments, leviea, lisbilities, and obliptions of every aature on said described poperty each and erery vhen due and paY+ble accerdi~a to law, be(ore they became delinquent. and to deliver to the Mott6aLee on or be(ore AAarch lSth of each year taa receipts evidencina the payment ot all larfully ~mposed t~xes tor the precedins t~lendar yeac; to indemnify the Mataasee upon his demand for all tsaes, arsescments and charses that may be assessed upon thic mortsase on the indebtedness cured hereby, and paid by the mortaasee, ~rithout re6a~d to any la~r heretofore eaacted or hereafter to be enacted imposins ~ayment ot the w~hole a any .vrt thereo( upon the Mort~aaee. (dl To pay all and s~nsular the costs, chsrses and e:penses, includins laryers' tees and abatract costs ~easonably incurred nr paid at ~ any time by the Mort6a6ee becau.e ot the (ailure on the part ot the Mat~a~or to perform, comply vith and abide by each and every the stipulat~ons. agreements, conditions and covenants o( said pramissoty note and Nis deed, oc either, and every such~payment shall bear interest fran date at tAe rate o( ten (10'6) per centum per annum. (el It is furthe~ covenanted ~nd a~reed by said parties that in the erent ot a suit beinj instituted to foreclose this mat~ase, the Ma~t- sa~ee shall be entitled to apply at any time pendins such (aeclosure suit to tde court havins jurisdict~an thereof toc the appo~mment of a receiver ot all and sineular the mortaa~ed propcrty, and of all rents, incomes, pro(its, issues and re~enues thereof, trom ~chatsoever cource derivtd: and theteupon it is hereby expressly corenanted aad asreed that the Coutt shall forthrith appoint such receirer ~ith the usual po~rers and dutiea of receivers in like cases; and said •ppointment sdall be made by tlu court as a matter of strict risht to the Mat`a~ee, and vithout reference to the adequacy or inadequaey ot the value of the property hereby mort~a~ed, or to the solvency or insolvenc of the Mort a o~s or an other ~ ~ Y t t Y D~<<Y defendant to such suit. The Mortp~or Aereby speci[ically waives the ri~ht to object ~ to the appointment of a ~eceiver as afwesaid and hereby e:pressly coosents that such appointment shall be made as an admitted equ~ty ~ ~ and as a matter ot absolute ri~ht to the Mottpaee and that tbe same msy be done w~thout notice to the Mottja6w. (f) If foreclosure,proceedin{s should be instituted asainst the property covered by this mortp~e upon any other lien or cla~m whe~her alle6ed to be superior a junior to the lien of this mortsase, the ?lortsaset may at his option immtdiately upon ~natitut~an of such suit m~ ' a durins the pendency tbereof declate this mortq~e and tite indebtedness secured Aereby due and p~yable forthwith and may at its option proceed to forecloae t6is mort~a~e. , ' Th~t the Mortp~or rill teep ol real and personsl prope~ty now or herwfter encumbered by the hen ot this rtwrt~a~e insured as may ~ be requi~ed fran time to time by the Mort~a~ee apinst loss by tire, w~inds~o~m and other hazards, caswlues and continEencies (ur such ~ per~ods and for not leaa Ibaa such amounta as may be required by the Mottp~ee and to pay pranptiY ~hen due all prem~ums for such msurance. The amounts ot insutaace requited by the Afort~~~ee ~6a11 be the minimum amounts for rhich said insutance shall be wntteo ~ and ~t sh~11 be ~ncua?bent upon the Mortsa~or to maintain auch addit~onal insur~nce as msr be necessary to meet and comply fully v~th ~ all co-insuranee requiremtnts contained in srid policies to the eod that the said Mortsa~or is not a co-insuror thereunder.lnsurance ~ shall be written by ~ comp~ny or comp~n~ea approred ot des~snated by the MortLafee and all policits and rene~r~ls thereof shsll be he1J - by the Matpeee. Atl detailed des~snations by the Mort~aso~ wfi~ch are accepted by the Mort~a~ee and all asreements between Mort~aEor ~ and Mort~~~ee rel~tms to insurance, now~ existin~ ot hereafter made. shall be in rritins and sAall be a part of this matp~e s~reement ss tully as though set tath verbatim herein and shall ~orern both parties hertto and their successors ~nd assi~ns. No I~en upon any of said policies of insurance or upon ~ny retund or rewm ptemiwn ~hicA auy be p~yable on the uacellatioo or termmauon thereof, shall be siven to other than the I~lat~~see, eacept by proper endorsement stfi:ed to such policy and appored by Mortsa~te. EacA poltcy af insurance shall have atfixtd thereto s Standard Ne~r York Mortpjte Clause ~rithout Conv~but~on, makin~ all loss or losses unJer .uch policy p~yable to the Ma~p~ee as ~ts interest may sppear. In the e~ent any sum or swns o( money become pay~ble ~hereunder the \tort- 6asee shall have the opt~on to receive and appiy the sas~e on account of tbt ~ndebtedness hereby secured, or to perrt:it the ~1nrtEagor ; ~ to receivd and use it, or any psrt theroo(, ~rithout thereby ~aivins or ~mpairins •ny equity, lien, or nsht under and by v~rtuc ot ih~. ~ mort~a~e. In evenNot loss or physical damase to the mortsased propcrty the A1atq6or shall ~ive ~mmcdatc nouce ~herc~.~ by rc~il t~~ ~ ~he Murt6a6er and the A1ortRaRee may make proof of loss ~f the same ~c oot made prump~ly by the lfort6a~. (n evrnt of Gxe~lo.urc of ~ ~ ° R 183 PALE 2524 ' ~ ' ' BOOK • , , = - u = ; _ ` : - - . _ _ , , . . - : , _ . _ __r.,