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HomeMy WebLinkAbout2250 . } ` PROVIDEn, ALWAYS, thet~ if the Mort`a`ot shall pay unto the ~1ort`agee the indebtedness evidenced by a certain promissocy note of which the followina in words and fi`ures ic a uue copy tawit: ~ t ~ , ~ ~dyGi~~G ~ ~ 3~ 65~• ~ Miami~ Florida April 30, 19 ?0 FOR VALUE RECEIVED We, ~ointly and severally ~m;,~ ~o P,y . to the order o[ TRV T Nr K'iRP and RUTH K~iRP • h i s w i f e ~~=nn i the pri~ci~l ~,m ofThree Thousand Six Hundred Fift4 8?IId DOLLARS, togethe~ with interest . ~ thereon Gom date at the nte of teo percent, pec annum until maturity, both prineipal and intereat being payable in law[ul money of ; the United States at 2244 Biscayne Blvd., Miami, Florida, or at such othet place as the hddaa hereo[ may designate in writing. Principal and intereat payable in installments aa followa: Fifty-Five (~55.00) Dollars per month, for sixty (60) conaecutive months,. ° on the 15th day of each and every month, beginning on the 15th day of July, 1970, and coatinuing until the 15th day of July, ~9?5, at which time the balance shall become due and payable. This note may be prepaid in whole oc in put atter one year from tAe date hereof upon payment of a penalty equivalent to five percent of the principal sum prepaid. Each installment payment shall be credited Crst on the interest due, and the remainder on principal; and intcrest shall therc- upon ccase upon the principal so credited. ~ The makers and endorscrs of this note further agree to waive demand. notice of non•payment and protest. and in the event suit ~hall be brougl~t [or the collection hereof, or the same has to be collected upon demand o[ an attorney, to pay reasonaWe attorney'a ~ Eee~ (or making such collection. . ; Deferred paymenta hereunder shall beu interest at the nte of ten percent per annum from maturity until~paid. This note is s~cured by a mort~ge~of even date herowith and is to be construed and e~forced ~c~ng;to the laws of t~e • State of Flotida; upon default in the Payment of principal and/or inteceet when due, the whde sum of psincipal.and intere~t remaining unpaid sha11, at the option of the holdera, become immediately due and payabl . ~ • , ~L ~ , ~ ~ 1.', ) (SEAL) . - ~ . ~ ~ ~ M j~l~ ~ A~~ Pirepared by Spieter & Tendrich. Attorneys - 2240 Bi~eayne Blvd.. Miami, F ida ' and shall perform, comply with and abide bp each and every the stipuiations. agreements, conditions and cove- nants of said promissory 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 agcees: (a) To pay all and amsular the princip~l and intecest and other suma ot money paysble b~ virtue ot aa~d pramissory note and this deed, or either, promptly on the days respectively the same severally becomes due. i (b) To permit, commit or sutfer no racte and to mem[~in the improrements •t all timea in a~t~te ot sood ~epair and condition, and to i ~ do or permit to be done to said premiaes nothins tA~t vilf alter o~ ch~n~e We use ~nd c6ar~cter ot said propertY or in any say impair or ~eiken ihe securi~y oi this mort~~`e. And in c~se ot the re(usal, ne~lect or inabilitY ot tAe Mort{~aor to repair and maint~~n s~id proper- ty, the Mortp~ee maY. at his opt~on, make such cepairs or cause the sa{oe to be made, aad advance moneys in that beh~lt. (c) To pay all and sin~ulu the taaes, assessments, teviea, liab~lities, and obliNtions of every nature oo said described propertY eac6 an8 every ~hen ~ue and psyable ~ccad~ns to la~r, befae they become delinQuent, and to deliver to the Mote6+[ee on or betore MarcA ISth o( each year tax receipts evidencina the payment ot •11 la~rfully iioposed t~aea fm.the precedin~ calend~r year; to indemnify the Mortsasee upon Ais demand (or all t~xes, assessments ~od char~es that msy be aasesaed upon this mortsa~e on the indebtedneas a.- cured heteby, and paid by the matq~ee, aithout cesard to aay I~rr 6eretotae eaacted or hercafter to be enacted impoain~ payment of the whole or ~ny ~art thereot upon the Mort~a~ee. (d) To pay all and ~in~ulu the costs, char~es and eapenses. includins laryers' feta and abstr~ct costs reasonably incurced or p~id at any time by the Matptte because of the failure on the part o[ the Mort~aior to per[orm. complY with and aDide by escA and erery the stipulationa, a~reements, conditions and coveoants ot ssid promissory note and thia deed, ot eithet, and every such'psyment shall be~r interesc (rom date at the ratt of ten (lOS) pet centum pcr ~nnum. S (e) It ia futthec coven~nted ~nd avee! by said p~rt~es that in tht event o( a suit Seina instituted to [aeclose this mort~~~e, the M«t- ~asee shall be entitled to ~pply at any time pendin~ auch foceclosure suit to the court 6avin~ jwiadiction thereof fa the ~ppointment ~ ot a receiver of all and ainsular the mortsa~ed property. ~nd of sll rents, incoses. ptofits. issue~ and revenues thereo(, from rhatsoever source derived: and thereupoo it is hereby expressly covenanted aad ~~reed th~t the Court a~~ll (o~thriUi appoin~ ~ucA receiver v?eh the uaual po~rers and duties of receirera in like c~ses; aad s~id ~ppointment shall be made by the eowt as ~ m~tur of strict ri{ht to the Afat~asee, and without reference to the ideqwey or inadeQuacr ot the r~lue of tde property hereby ~aort~a~ed. a to tht solrency or insol~eacy ot the Mort~~~ors ot any othet p~rty defend~nl to sutd suil. The Mort~~sor hereby specitic~lly vaives the n`ht to ob~ect to the appointaen~ of a receiver •s aforesaid ~nd hereby etptesaly canseata tb~t sucA appointment shall be rude •s an admitted equ~ty ~nd ~s a matter ot ~bsolute ri~ht to the Mat~a~ee and that the same sar be done ~iWout notice to the Mort~~~or. r (t) Jf toreclosure ptoceedin~s should be instiiuted •~~inst lhe property corered by this mortpfe upon aey other lien w cla~m rhether = alle~cd to be supenor or junior to tAe lien ot this mort~~~e. the Mort~asee say ~t his optioa imeoediately upon institu~ian ot such su~t i ~ a durins [he pendency thereot declare this morts~~e and the iadebtednsas secured Aereby due •nd p~yable fath.ith and may at ~~s ~ ~ optioa proceed to taeclose this mort~~~e. ~ Tl~at the Matp~a rill keep ~11 real ~nd peraonal propertr nowr or 6ereafter encwnbered by the lien o( this mortsa~e insured ss msy ~ ~ be required trom time to tiuee by the Mat~a~ee apinst Iws by tire, vindstam and oi6er huards, caswlties and conun~encies for such ~ ~ oeriods •nd (or not les~ thsa sucA amount• u aur be required by 1he Mort~asee ~nd to pay promptly ~hen due all prem~ums for such ~ ~ inaur~nce. T6e ~aaunu o( iesur~ace required br tDe Morti~~ee a6~11 be t6e minimum smounts for rhich a~id insuranee shall bs ~rritten j ~ and it shall be incumbeat upon the Morta~~or to m~intain such ~dditioa~l iniur~nce as msr be necesiary to meet ~nd comply (ully with f •11 co-insurance requiremeats contained in s~id policies to the eod thae tAe said Irlate~{or is not ~ co-insuror therewder.In~ur~nce ~ ~ shall be rritten by ~ cosP~ny oc companies sdptored ot desi~o~ted by fhe Motts~~ee ~ad ~II policies ~ndreae~als theteot sh~ll be Aeld ~ br the Matq~ee. All detailed deai~natioos br We Mott~~{ot rvhich ue ~ccepted by the Mott~~~ee aed all a~reemeata bet~reee Mott~a~ot and Mort~~~ee rel~tins to insur~nce, nmi e~istin~ or 6ers~tte~ made. a6a11 bt in rrritin~ ~ad sh~ll be s p~tt o( thi~ iea~tp~e ~~ttement ~ ~ u fullr ~s taouih set fath ~erb~tim heceia ~nd sh~lt ~orern botA p~rtiea hereto ~r.d their snecessors and assi~ns. No lien upon any ot s~id policies of insurance or upon anr refund or retum premium Mhioh may be p~y~ble oa the c~ocell~tion or termin~t~on thereof. shall ~ be ~iven to other ~h~n the Mat~~~ee, except by proper tndotsesent afti~ed t4 such polity and ~pptored by Mottp~ec. Each policy of ~ in~ur~nee s6~11 have ~(f:ed thereto ~ St~ad~rd New Yatt Morts~~es Cl~ust wiWout Contribution. oNkin~ ~11 loss or losses under auch ~ - policy p~y~ble to the Mottptee as ita intere~t ~wy ~ppear. In the av~ot ~ny sus ot swns of money becoae p~yable thercunder tAe Nort- ~ ~~~ee sball h~ve the option to receire snd ~pply tbe suse oo ~ecount ot tht indebtedneas hertby secuccd, or to permit the ~Iat~aRor ~ to rcceive and use it, o~ ~ny part thereof. without therebr ~aiYin~ a eeip~irins any equity. lien. or ri~ht under and by v~rtue o( thu ~ mo~i~a~e. [n_event ot loss w pAysic~l d~ma~e to the mort~a{ed property the Mort~a{o~ sh~ll {ive immedi~te not~ce thcreof by ma~l to ~ the Mort~~~ee and ~he Mort~s~ee may make proot of loss if the same i n t d prompUy by ti;e Mort~aja. In event of fure~l~~urt of z . . BOOK1~~ PACE~r~r4/, ~ _ ~ ~ _ . . ~