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HomeMy WebLinkAbout0177 ~ . ~,y PROVIUEn, ALVYAYS, that it the ~lurtgagor shal! Pa}• unta the 11ort~agee ihe ~ndebtedness rv~Jenced bv a certa~n pramissay note ~~f which thc fotlowin` in wo~ds and figu~es is a true copy to-wit: . ~ j ; 3~850.00 72 Aliami, Florida January 15 , ~q F~~H YALI~E RECFI~~F:I>> We, join~ly and severally, pcomise lu pa~ ; t~~?~ wd~r u( ~ _A'L''~I~CHZ~K - ` ~ th~ p~i,u-i~~al :um ot Three Thousand Eight Hundred F ty 8i1 RO ,LARS, together with interr•t thrre.,~ [cum dat~ at th~ ~ate u( trn pereent, pe~ annum until matunty, ~oth principal a~d i~tereat being payabie in (awfui mouey u( th~ t;nited ~tate~ at '?:?~1 ~3i..ca}'ne Blvd.. ~liami. Flori~a, o~ at such other place as the holdera hereo[ may deaignate in wriiinK. Principal a~d interc~t payable in in~tallments aa (oNow~: Eighty ($80.00) Dollars per month, beginning on the 15th day of March, 1972, and continuing, on the 15th day of each and every month thereafter until paid in full. Th~s note may be prepa~d ~n whole or in part a(tet one year [rom the date hereof upon payment of a penalty equivalent tu five percent of the pr~nc~pal sum prepaid. E:ach inatallm~nt payment ~hall be rtedited (irst un th~ interost due, and the remainde~ on principal; and intercat shalt thrre- upon ccasr upun thr pnncipai .u c~rdited. Thr mak~n and rndorsrn oi th~s not~ iurther s~ee to waive demand, notice of non-paymeot a~d pmtest, and in the event Quit .liall ~ brought [u~ the collection hereu(, or the same hu to be collected upon dema~d of an attotney. to pay reasonable attomey's ~rr~ (ur making auch collectiun. U~ferred payme~t~ hercund~r shall beu inte~t at the rate of ten perrent Per annum from maturity until paid. 7'his note is securcd bp a~mortgage ot evco date herewith and ia to be construed and enforced according to the laws of the ~tat~ of Florida: upon drfault in thc payment of principa! andlo~ interest when due, the vnhole eum ot principal and interest rrmaining unpaid ~hall, at the option of the holde~s, become imme iately due d payable. (SEAL) ~ ~ ~ ~ Pre nd b . ~ L sc..Qi ' (SEAL) pa y_'y?r{er & Tendrich, Attorneys - 2230 Bi~eayne Bt~d.. Miami, larida t aod shall perform, comply w~th and abide by each and evety the stipulations, agreements. conditions and cove- nants of said ptomissoty note and of this deed, then this deed and the estate thereby created shall cease and be null and void. t 1. The Mortgagot hereby covenants and agrees: - ' (a) To pey a!1 and sinaulsr the principal and interect and other sums of money payable by v~rwe of sa~d prom~ssory note and th~s dced, or either, p~omptly oo the days respectivcly the same severally becomes due. To perm~t, comm~t or sutfer no Waste a~d to ma~neam thc ~mproremcnts st s11 uoxs in a state of goad repair and condrtion, and to do or permit to be done to said prem~ses notl~inj th~t w~ll alter or cAanae the use snd charstter of said property o~ in any ~ay impair oc reaken the secunty ot this mortsase. And ia c~se of thc refusal, netlect or mability of the Moct6asor to tepair and mainta~n s~id proper- ty, the Mart~a6ee may, at his opt~on, make such repairs or cause the same to be made, and advance ooncys in thst behalf, lc) To pay all and sin~ular the ta:es, assessments, le~~~es, l~ab~lities, and oblipUons of every nsture on sa~d described property each and every vhen due and payable accord~ns to la~•, betae they become delinquent, aad to delirer ta the ~lortaa~ee on or before March ISth of eaeh year tax receipts ev~dencin` the payment of •11 lar[u11y ~mposed taxes tor the a«ea~~a calendar year; to indemnify the ; Mort~s~ee upon his demand (or all taxes, assessments and cAarses tAat may be asscssed upon this mortaaae on the indcbtedness s?- ; cured hereby, and ps~d by t6e mortaasee. .ithout regard to any la~ Aeretotore enacted or hereatter to be enacted imposm~ payment ot ~ , the Mbole or ~ny .+art thcreot upon the Mort6a6et. (d) To p~y all and sm`uLr the costs, char6es and expenses, includ~n~ I~~yers' fees and abstract costs reasonably mcurted or paid a~ any ume by the !Ifortgaaee because of the fulure on ~he part of tAe Nortgaaor to per(orm, coeeply v~th and ab~do by each and every the st~pulat~ons, a~reements, conditions and covenants ot said promissory note and this deed, ot e~ther, and every such'paymcn~ shall bear mttrest traen date at the nte ot ten UO'S,) per cenwm pec annum. • (e) It is further eovenanted and a~recd by sa~d parues that ~n the event o( a suit beina iostrtutcd to toreclose this mort~ase, the Afort- p~te shall be e~utled to apply at any t~me pend~ns such foreclosure suit to the court havins jurisdichm thereof for the appamtment of a receive~ ot a11 and sinsular tho mwt6a6ed property, and o( all rents. ~ncomes, proGts, issues and rcvenues thereot, from .•hatsoever souree derived; and thtreupon it is 6ereby eapres~iy covenanted and a~reed th~t the Cour1 shal! toithiwith ~ppoint such receivet w~th the usua! povers snd duhes of recei~ers m like cases; and sa~d appointment shall be eaade by tlie court as a matter of strict n~At to the Mott~a6ee, and without reterence to the adequac~ or ~nadequacy ot the vatue ot the property hereby mott6ased, a to the solvency or insolvency of the Mort~a`ors or any other party defendant eo such suit. The Mortgsaor hereby spec~tically waives lhe nght to ob~ect to the appointment of a receiver as afwesa~d and hereby expeessly consents that such appomtment shall be made as an admetted equ~ty and as a matter ot absolute ri~ht to the Mortgasee and that tht same may be done vnthout notice to the tfortpgor. If foreclosure proceedin~ should be inshtuted a~ainst the property covered by th~s oart~ase upon any other lieo or cla~m r•hether - i alte~ed to bc saper~or or junior to the leen of 2his matjagc, the Aiortsaaee may at h~s option immediately upon mst~wt~an o( such su~t ot dur~n~ tht pendency thereot deciare tAis mortgase and the indebtedness sec~red hereby due and payable (orthv~tA and may at ~ts opt~on prxeed to foreclose tA~s mat~a6e. Thst the Mottpaor w~ll keep all real and pcrsonal property nov or herqfter ertcumbered by the l~en of thfs mortg~se insured as may be tequirtd from time to time by the Mort~a6ee a6a~nst loss Dy t~re, w~nds~orm and other hazards, casualt~es and cont~n6enc~es for su:h penods and for oot lesa th~n such amounts as may be tequired Ey the Mort~a~ee and to pay promptly wAen due all prem~ums for such msur~nce. The amounts of insurance rcqwred by the ~lortsa6ce shall be the m~nimum amounts for rh~ch said msucance sAall be Mnttcn snd it shsll be ~ncumbent upon the Mortaa6or to mamqin such add~t~onal msurance as may be nececsary to meet and comply fully w~th •I1 co-insurance reqwrements contamed m sa~d policies to the end that the sa~d Nortgasot ~s not a co-~nsuror thercunder.Insunncc shall be rrrrtten by a company or companies approved or des~~nared by tbe Mortaagee and al{ po6c~es and renevrals thereo( shall be helJ by the Mo~t~a~ee. All detailed desisn~t~ons by t6e A1a~~a6oc whicA are accepted by the Mort6a~ee and all asreements bec~reen Mort~a~or and Mortsaaee rel~t~ns to ~nsur~nce, now e:uuo~ a heru(ter made, shall be in writm~ and shatl be a part of th~s mort`a~e sjreement t aa fully as thou~h set fath rerbaum here~n and shill sovern botA patties hereto and ~heir successors and assi~ns. Ko lun upon any of s~id policics of msunnce or upoo any rc(und or return premium ~hich may be p~yable on the cancellaUOn or urmmation thereof, shalt ' be wen to other than the Mot a ee, e:ce t b r endo~sement a(fi:ed to such j ~ ~i i D Y W~ poltcy and appoved by Mortsa~ce. Each pol~cy ot ~ insurance shal! have sfGxed thereto a Standud New York Mort~a~ee Clause w~thout Contribut~on, o~akin~ all loss or losscs under ~uch g policy payable to the Matp~te as ~ts inurest may appear. In the event any sum or sums o( money become payable ~hereunder the ~tor~- 4 i ~a~ee shall hsve the opuon to rece~ve and apply tNe s~mt on aceour+t o( the indebtedness hereby secured, w to permie the Nortgapor : to rece~ve and use ~t, a any part thereof, w~ithout theteby rrair•~n~ ot imp~ina~ snr equ~ty, {iea, ot n~ht under and by v~rtuc of th~~ i mat~a~e. (n event of loas o~ physical damaje to the mort{a~ed property the 'A4wt~a~or shall 6~re ~mmedi~[e notice thereof by ~a:l t~~ tht Mortsa{et and the Mort6a~ee may make proo( of losy d the ssme ~s not made promptly by tAe Mwtp{a. In event of furc~ln~ure o( i i t ; ~ • sooKiyg M~~ 177 ~ - - - - 1 ~ F _ . _ _ - . . ~ _