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HomeMy WebLinkAbout0601 PROYIDEn, AL1~'AYS, that it the 1lurtgagor shall pati• unto the 1lorigaget the ~nJebtednrss e~~drncrd b~• a certain prom~ssory note o! which the tollowing in ~~ords and f~gures is e uue cupy ~o-N~t l~ s~---~S~S-~~- ~fiami,Florida J8Llu8rX 1~ l9 72_ ~ f~~R ~~.a1.1~E RECE:I~ E:1)__ We~ jointly and severally m~ . i~~ th~ urd~rot LOYTIS_ S~41ERS AND PAULINE SOI~IMERS~ HIS WIFE ~ t~~ thr p~;,,~~;~„~ Three Thoi~sand Five Hundred Seventy-five an~ , ~ogethe~ with ~nt~~r.c thr~run [rom dat~ at thr rate o[ trn pen~ent, per annum until matunty, both principal and i~tercst being payable in lawlul monr'• uf a ~ th~ l.~ited ~tat~. ~t ~'~'-t-t Bi.ca~nr Bl~d., ~liami, Flu~ida, ur at such othe~ place ~ the holders hereof may designate i~ wntin~t. F'nnciptl and interr.t payabl~ in imtallments as fu!low,: , Seventy-five ($75.00) Dol2ars per cnonth, beginning on the lSth day of . March, 1972, and continuing on the lSth day of each and every month t thereafter until paid in fu11 ' Th~s note may be prepa~d m whole or in part after one year from the date hereof upon payment of a penalty equivalent tu tive percent of the pr~~c~pal surt? prepaid. F~ch in~tallm~nt pa~~ment ~hall br ~redit~d [irst on the interest due, and the rcmainder on p~incipal: and intercst sha!! thrn- ~ upun crasr upun thr prmr~pal w crrdit~d_ , The mak~n and rndunen of thi• nut~ further a~ree to waive demand, notice of non-payment and protest, and in the event suit ~iull br bn~uRht for the collectiun hereui, or the same has to be collected upon demand of an attorney, to pay teasonable atlorney'~ rr. fur making ~uch coii~ction. Urfrmd paymenl~ hercund~r ~h~lt bear interrct at the rate of ten percent per annum from maturity until paid. 7'hi~ not~ is secund by a mortgaRe of even date hrrrwith and is to be construed and enforeed aeccxding to the 1 0[ the ~tat~ o[ Florida: upon drfault in the pavment of principal and/or inte~est when due, the whde sum o! p~incipal an int~rest r.~rt?a~ning unpaid .hall, at the optiotti of the holde~s, become immediite) dut.and pay e, < ( r C /~~~~f `~'j S . - ( EAL) ~ / D .:1~ c G.~t.~ ; /G~.'~~ (sEAL> Prcpand by ~pkler 8 Trndnch. .4ttorneys - 2340 Biscarnt Blyd.. Miami, a i ar~d shall perform, compiy with and abide by each and e~•ery the stipulauons, agreements, conditions and cove- ~ nants of said prom~ssory note and of th~s deed, then th~s deed and the estate thereby created shall cease and be null and ~oid. 1. The ~lortgagor hereby covenants and agrees: ~ ` (a) To pay all and c~nsular the pr~nc~pal and intercst and other sums of money payable by v~rwc of sa~d prom~ssory note and th~s ~ detd, er t:ther, promptly on the days :especu~~ely the same severally becomes due. - lb) To perm~t, comm~t or suffer nu waste a~d to mamu~n the ~mprorements at all umes in a state of good rcpau and condu~ori, and to do or perm~t to be dooe to sa~d premeses noth~na thst rili alter or chan~e the use and character o( sa~d property or m any way uepau a ~eaken the securrty of this mortsase. And ~n case of the retusal, nealect or ~nab~l~ty of tht Mortaa~or to repa~r and maintain s~id proper- t~, the Mor~jasee may, at his opt~on, make such repa~rs or cause tAe same to be made, and advanct moneys in that behalf. (c) To pay a11 and smsulaa the taxes, assessments, Ie~~~es, Lab~l~nes, and obli`atiuns of every natu:e on said descnbed ptoperty uch and c?ery rhen due and payable accotd~ng to la~, be(ore they become delinquent, and ~o dehver to the Mort~agee on w betore Ma~ch ISth of each year taa receipts ev~dencing the payment of s11 la~•(ully ~mposed taxes for the preced~na cale~ar year to ~ndemnJy the I?loripeeo upon his demand for alt taaes, ass~ssmcnts anJ charaes thpt may be assessed upoa this mortsage on the indebtedness s~- cured hercby, and pa~d by the mor~Ea6ee, w~~thout reg~rd ro any lav herc~otore enacted a hereafter to be enacted impos~n~ nayment o: ~ the ~hole or any .yrt t'heteof upon the ~tortgagee. ~ (d) To pay a11 and sineular the costs, charses and expcnses, mcludm6 lawyers' fees and abstraa costs reasa~ably mcurred or pa~d at any t~me bq thc ~lo?t6a~ee because of ~hr fa~lure on the part ot the \lortga6or to perform, comply w~th and abide by each and every [he st~pufat~ons, a6reements, cond~hons and covenants of sa~d promisswy note and th~s doed, ot e~ther, and every such~payment sAall bear ~ntciest fr.xn datc at the ~ate of ten 110`f~l per centum pe~ annum_ le) It ~s further cov~nanted and a6reed by said partios that in the erent of i soi~ be~n6 ~nsututed to faeclose th~s mortgage, thc !?1or~- a~jet sho11 be ent~tlcd to appl~ at any ~~me pendin` such foreclosure suit to the coun havmg ~unsd~ct~on thereof for the appomtment of ~ rcce~ver o( all and s~ngular tht mwtEa6ed property, and of all rcnts, mcames, profits. ~ssues and revenues thereot, f~om ~hatsoe~er source danved; and thereupon ~t is hereby c:pressly covenaeted artd ageed that the Coun shall (orthwith appomt such rece~ver wuh the usual po~verx and duues ot ~ecei~ers m I~te cases. and sa~d appomtment sh~ll be made by the court as a matter o( s~rict n~ht to the A1cxt6a6ee, and without re(erence to the adequac> ~v madequacy of the ralue of the property hereby mortga6ed, or ro the solvency or ~nsolvency of the Nort6asors or any other pa~ty defend~nt to such suit. The Slortgaaot hereby specd~wlly x•a~vzs the nsht to ob~ect to tAe appomtment ot a receiver as aforesa~d and hereby captessly consents that such appo~ntment shall be made as an adm~tted epuuy and as a matter o( absoiute n~ht to the Matgagee and that the same may be done r~thout notice to the llort~agor. U) If (oreclosure procetdm~s should be ~nst~tuted aga~nst the property covered by th~s mort~ase uport any other I~en ur claim whether q alle~ed to be supenw or ~un~or to the hcn o( th~s matgagt, thc Mortga6ec may at h~s opUon ~mmed~ately upon ~nst~tuuon of such suu or dutm~ the pendency thereof declarc th~s mnrtgage and the mdebtedness secuted hereby due and payable forthwith and may at i~~ ophon proceed to (weclose th~s mor~gage. (~1 That the A1~xtgasor y~ll ktep all real and personal property nawr or herea(ter er.cumhrred by the I:en of ;h~s mo:tgage ~n~ured as may be requ~red from t~mt to :ime by the Mort6a6ee aga~nst loss by (~re, v:~ndstorm and other hazards, caswlt~es and ccnungenc~es tor su.h per~ods and tor not ?ess than such amounts as may be reQuued by the Mortsasee snd to pay prompUy~ when due all prcm~ums for such insurance. The amounts of insurartce rcqu~red by the ~fott6agee shall be tho mm~mum amounts (or whuh said ~nsurance shall be wruten and ~t shalf be mcumbrnt upon the 4tortsagor to ma~num such add~UOnai msurance as may be nececsary to meet anJ comply fully w~th all co-~nsurance requ~rcments eonta~r.ed ~n sa~d pol~cus to the end lhat the sa~d AtortRaga u not a co-~nsuror thercunder.lnsur~ncc sAall be ~rntten by a compaqy or companies apptov~d w des~anaied by the M«t6agee and all pohcus and renewals thercof shall Ae helJ , by the Mw[6atee. Ali deU~led des~anaUOns by the 1Nortsagor uh~ch are accepted by the Mongasee and all aareements betweeo ~lortga~or and Mort~agee relat~ns to insur~nct, nov ex~suns or hereafter madt, shall be m wntin` and shall be a part of th~s mor~gage agreemcnt ss fuUy rY thouth set forth verbahm here~n and shall sovern both part~es hercto and their svccesso~s and ass~sns. No lun upon any of said pol~c~es of ~nsurance or upon any rctund or return premium which may be payable on the canceilation or urm~nauun thercof, ~hatt be pven to otha than tAe Mottsa6ee, eacept by proper endorsement aft~xrd to such po)icy a~d approved by ~1wc~a6ee. Fach pol~~y of ~nsurance shall have affixed thercto a Sundud Ne~r York Mortgasee Clause r~lhout Contnbuuon, mak~ns'all loss or losses under SucE pohcy paysble to the Mortp~ee as ~ts mtercst may appear. I~ the event any sum or sums of money become payable thereunder the t1or~- ~a`ee shsll hare the opt~an to rece+ve and apply the ssme on account ot the ~ndebtedness hereby secured, or to permit the \tortg~Rur to rece~r~ and ust ~t, a any part thereo(, without thereby waivm~ a~mpnr~na any equ~ty, I~en, or n`ht under and by v~rwe of th~. mort~a~e. In event ot loss or phys~cal dsmase to tht mott~ased property the Stort~a{or shalt 6ive ~mmed~~te not:ce thereo! 3> -a~J t~, tht Mwt`aaet and the Mor~6aaee m~y make proof o( loss ~f thc same ic not made promptly by the Nortgasor. In ev~nt ~f to:e~l~~.ure oi ~ _ - - ~ ~~ax~~9