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HomeMy WebLinkAbout2245 ~ ! ~ . rt ~ . PROVIDE:f1, ALWAYS, ~hat if the \1r~tgagor shall pay unto the \brtga~ee the indebtedne~s «•i~enctJ by a certa~n prum~ssi?ry note which the (ollowin` in wards and fifures is a true copy to-wi~~ ~4~1~~G ~~OZC 1,q~Y 21 ~ 19 ?0 ' s 4~ 67 ~j' . 00 Miami, Fiori~¦ FOR VALUE RECEIVED We, joiatly and severally p~m~ ~o ~y to the order of I~AC+ ~Y~ and NORI'1A SA AH h3.s wife the principal sum of Our OUS811 X 11II r@ S9`T@IIt31 ~T@ DOLLARS, together with interest the~n from date at the rate of ten perce~t, per annum unW maturity, both principal and interest being payable in law[ul money o[ the United States at 2244 Biscayne Blvd., Miami, Florida, or at such other place as the holdera hereof may designatc i~ writin6. Principal and intereat payable in inatallments as followa: One hundred (5100.00) Dollars per month, beginning on the 15th day of July, 1970, and continuing on the 15th da~y of each and every month thereafter until paid in full. This note may be prepaid in whole or in part after one yeat from the date hereof upon payment of a penalty equivatent to five percent of the principai sum prepaid. Each installment payment shall be credited first on the interest due, and the remainder on principal; and interest sha!! there- upon cease upon the principal so credited. The makers and endo~secs of this note turther agree to wai~e demand, notice of non-payment and protest, and in the event suit ~hall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attomey's fee~ [or making such collection. De[erred payments hereunder shall bear interest at the rate oi ten percent per annum from maturity until paid. This note is secared by a mortg,age of even date herewith u?d is Lo be construed and enforced according to the laws of the • State of Ftorida; upon de[ault in the payment of principal and~or interest when due, the whole bum of principal and interest remaining unpaid shall, at the opiion of the holdcrs, become immediately due and payable. /S/ FREDERICg OTTO K~MER ~SE p~) `1I'Mx I' . KR.Ar'~R (SEAL) Prepared by Spieler & Tendrich, Attomeya - 2240 Biacayne B1~d.. Miami, Flarida ar~J shall perform, comply w~th and abide by each and every the stipulations, agreements. conditions and cuve- nants of said promissoty note and of this deed, then this deed and the estate thereby created shall cease and be ~ull and void. ~ 1. The Mortgagor hereby cuvenants and agrees:~ ~ la) To pay all and s~neulu tht pt~ncipa) and interest and otAer suma of monty payable by virlue ot sa~d prom~ssory,note ~nd thes deed, or e~ther, promptly on thc days respectively the samt atverally becomes due. . ~ (b/ To permit, comm~t or suffer no rraste aad to mainta~n tde imptovtments at all times ~n a state of sood repair and cond~t~on, and to ~ do or pormit to he dnne ~o said prem~ses nothina that r•ill alter or chsnae the use a~ chat~cter of sa~d property .x ~n any say impair a reaken the secur~ty o[ this mortsa6e. And m case ot the refusal, ne~lect or inability of the Mortga6a to repair and ma~nta~n s~id proper- ty, ~he MorlsaRec may, at his opt~on. make such repaus a cauce the same to be msde, and advance moneys ~n that be6alf. (c) To pay all and ~injular the taaes, assessment., le~ies, liabilities, and obli~ations of erery nature o~ caid descr~bed property each and every ~vhen due and payable accardin~ to la~r, brfae ihey becane delinquent, snd to deliver to the Mortaa6te on or before Match ISth ot each y~ar taa receip~s ev~dencina the paYment of •11 lavfulty ~mposed ta:es for the precedins ealendar year; to indemnify the Mort~asee upon his demand for all taxes, axseacments and char~es Ihat may be assessed upon t6is m«tsa6e on the indebtednesa c?- cured hereby, and pa~d by the mortRa6ee, vithout rceard to any law~ berotofore cn~cted or hereafter to be enacted impos~n~ ~ayment ot the whole or an~ ~art thereo( upm the At~ut~a6ea . (dl To pay ~II rnd 4msular the co.ts, char~es and expenses, includ~n~ tawyers' (ees aed abstract costs reasonably mcuned nr pa~d at any t~me hy ~hr A1urtE+6ee ~ecaus~ of the failure on the part of the Mort`asor to perform. cotoply ~r~th and abide by each and every the stipulet~uns, asreements, cond~Non.. and covensnts ot sa~d promusory note and this desd. or erthet, and evety such-payment shall beyr ~nterest frwo datc at the nte ot ten (IOZ) per centum per annum. (e) It ic (urther covenanted ~nd a~reed by sa~d part~es that in the event of a suit be~ns instituted to (oreclose this mort6sse, the 111or~- ~a~ee shall be entitled to apply at any time pend~ns such torecloaure suit to the court ha~iaa j~risdiction thereof for the appointment ot a receiver of ~II and sinsular the mor~~a6ed property, and ot:ll reots, incames, ptofits, issues and revenues thereof. trom vh~tsoever source denred; and thereupon it is hereby e:ptessly covenanted and a{reed tAat the Court s6~11 torih~~th appoint such rcceiver w~th thc usual pnwer~ and duties of receivers in like cases; and s~id ~ppointment shall be aude by tht court as a matter of ctnct n~ht thc Nortsasee, and v~ithout reterence to the ~dequacy or iaadequacy of the •alue ot the property Aereby mort~a~ed. or to tAe solvency F or insolvency o! the Afwt~asaa or sny other party defendant to such surt. The Matjasot hereby specifically ~aives the r~6ht to ob~ect ~o the appo~ntment of a receiver •s atoresaid and hereby eapresaly conaeats th~t such sppoietment shall be oude as en adm~tted equ~~y and as a matter ol absolute risht to the Mortq~ee and thst tht ssa~e may be done ~rithout notice to ihe ~lwtsasor. ~ (f) Jf foreclo.ure proceedinis should be instituted s~sinst the property covered by thia rtart~a~e upon any other lien or cla~m whether allesed to be superior a ~unior to the Iien of ihis moct~~=e. the Mortta~ee auy at h~s option imroedutely upon in,tituu~n of .uch suit ~ or durin` th~ pendency thereot declare th~s mort6ase rnd tAe indebtedness secured hereby due and payable (wthruh •nd may at option proceed ~o (arclose th~s mort~a~e. ~ That the Alortp~or will keep all rea! and personsl ptoperty now a heres(tet encumbtred by thc hen o( th~s mortRase ~n~ured as may ~ be reQuired from ume to time by the Alwtpsee at~~~st loss by fire, windstorm and other hazards, cacualtiey and conUn~enc~r~ G~r wch ~ ptnods and tor not tess than auch amounta as may be requ~red by the Morl~asee aad to pay promptly when duc all prem~ums (or such ~ msurance. The amounts of iniur:nce requirod by the Mort~aaee sball be the mimmum anwunts for rh~cfi said msurance shall bc rnlten ~ and it shall be incumbent upoo the ~lort~aaor to ma~ntain auch additional insur~nce as may De nececsary to meet and comply (ully w~?h ~11 co-~nsurance requirements conh~ned in s~id polic~es to the ead that the said Mortss~a is no~ a co-iasuror theremder.lnsurance ~ shall bt w~ritten Ay ~ coupsny ot cospanies approved or des~~natld br the Mart~a~ee ~ed all pol~cies ~nd rener~l~ thereof ahall be helJ ~ by the Mat~a`ee. All detailed desi~nat~ons by tdt M~xt~asor ~hich are accepted by the Mor~~s~ee ~nd all aareements between MortsaEw ~ and Mortsasee relatina to in~ursnct, nor exist~na ot hereaftet madc, sh~ll be in rritia~ and sh~l! be a part of this morisa~e a~reement ~ ~s fully as thouak set torth verb~t~m hetein and sh~lt ~overn bolh parties hereto and their successors and assi~n~. No lien upoa ~ny uf ~ said policies of insu~ance or upon ~ny refund or recurn prem~um ~vhich ~aay be p~y~ble oa the cancellation or term~na~~on thereot~ ~hall be ~iven to other ~han the Mort~aaee, eacept by pcoper endorsement •t(i:ed to such policy and ~ppro~ed Oy Mort~asee. Each pol~c~ of ~ ~nsuranct shs11 have atfiaed thercto a Standud Ne~ Yak Mor~p~ee Clause rrtbout CoavibWim. maktns •11 los~ or iosscx under .uch poliey payable to tAe Mortp~ee as ~ts ~n~erest rs~y •ppear. In the erent any eum a suas of waiey becamt paYable thereunder the \for~- ~ ~ajee ghall have the opuon tu receive and •pply tht same on ~eco~t ot the indeEtedoess heteb~ secured, or to permit the \1nrtEaF•~r ~ to rece~re and u_se 1t, or any part thereof, rithout therebr ~raivin~ or impurms any equ~ty, I~en, or n~l!t under ~oJ b> r~ri~c n( th~. ~qtt~a~e. (n event of lo~s ot physical damaae to the mortsased poperty the Mort~a~or shaU e~re ~mmeJute nouce thereof by Ta~l a~ the MurtRaRee .~nJ ~he Mor~Rsgre maY make proo( of lo.. the same not made promptlY by ~he \tortK~K~x. (n cvrnt ~~i turc~l~•~ure ~ . a~ox 184 2242 ~ ,r ~ _ - ~ . . . _ . _ _ . _ t