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HomeMy WebLinkAbout1081 PROVIDEII, ALWAYS, that if the M1iortga~or shall pay ~~nto the ~tortgag~e the i~debtedness ev~denced by a certain promissocy note of which the folloviriog in words and fisures is a true copy to•w~it: ~ ; ~ t` 1 ! s--3-s-~`~-•QQ_--- M;ami,Flor;di Januar~r 22, ~y 72 ~ ~ : Fl1R 1'Al.l'E RECFI\'Ep~ 1 pmmiae tu ~?a~~ th~ ~xder uf EDi~ARD KOLBER th~ p~in~•ip~l.wn uf hree ~ u 8itd hree Ht1RdY' d i and no LARS, togethe~ with intrrrrt thrreu~ t~um dat~ at thr nte o( t~n percent, per aenum until matu~ty, both priocipa! and inlerest being payabte in (aw[u! monc~~ uf ~I~~ l; ted ~tatc. ~t '~~-1~1 Si.~cayne Blvd., iliami, Florida, or at such other place as the hddecs hereof may designate in wntinK. ~'rincip~i and intere:t payabie in installments as follows: ~ Seventy ($70.00) Dollars per month, for thirty-five f35) consecutive months, on the 15th day of each and every month, beginning on the ~ 15th day of March, IQ72, and continuing untiZ the 15th day of February, 1975, at which time the balance shall become due and ga~rab 1e . Thi n te may be prepa~d ~n whole or in part after one year fcom the date hereof upon payment of a penalty equivalent eu f~ve percent of the princ~pal sum prepaid. Each in~tallment payment ~hall be ~redited first on the interest due, and the temainder on principal; and interest ahali thrrr- upon ceasr upun thr principal w crrditcd. ~ Thr maken and rndorsers o( thi; not~ further agtee to waive dema~d, notice of non-Payment and protest, u?d in the event it ~I~.11 br bruught tor the collection hereuf, or the same hax to be collected upon demu?d of an attorney, to pay reaso~able attorn 's frr. lur making ~uch coll~ction. Def~rred paymenta hercunder shall bear intenst at the rate of ten perce~t Per annum fwm auturity until paid. ! 7'hi~ notr is securcd by a mortg'~ge oE evcn date herewith and ia to be conatrued and enforced acccxdin~ to the laws of the ~tat~ o( F'lorida; upon drfault in the pavme~t of principal andlor intereat wheo due, the whde sum o[ principal and intereet mainin6 unpaid •hall, at the option of tiie holders, become immedistely due an pa ar~bl„e_. ' i , , , (SEAL) Reparrd by ~prler Q Tendrich. Anomeys - 2240 Biwyne ~~d.. Miami, Florid~ (S~~') and shal) perform, comply with and abide by each and every the stiaulations, 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 Moctgagor hereby covenants and agtees: ~ (a) To pay all and smeulat ihe prinupa! and inurcst and other sums ot money payable by virtue of said prom~ssory note and th~s deed, or either, promptly on the days respectively tlie same severally becomes due. (b) To permit, commit ot sutfer no ~raste r?d to ma~msin ~he ~mprovements at all t~mes in a state ot good repa~r and cond~tion, and to ~ do a perm~t to be done to said prem~sea nothm~ thae w~il alter or chanse the use and chuacter of sud property or m any ~ay impair or ~reakeo tht secunty of this mortsase. And io case of tAe retusal, neslect or inab?Iity ot the Mort~s~or to repsir and mainta~n s~id proper- ~ ty, tho Mor~psee may, at hia opUOa, make such repairs or cause ~he same to be made, aad advance moneys in that behalf. t i lc) To pay all and s~nsular the uaes, assessments, Icv~es. I~ab1l~Ues, and oolipt?ons ot every namre aa said descritred property each and every when due and payable sccordins to !ar•, before they become delinqueat, aad to deliver to the Mortsa~ee on or beta~re March 15th of each year [a: receipts evidencin6 the payment of all la~(ully ~mposed taxes for tht preced~ns c~le~at yeat; to ~ndemni(y the 111ort~a{ee upon his demand for all hzes, ssses~ments and char6es that msy be assessed upon this mortsase on the indebtedness s•- _ cured hereby, and paid by the matgaaee, rithout regard ~o any laN~ heretotore enacted a he~eafter [o be enacted imposm` paymcnt ot the ~hole or any ~+art thereof upon the Mort~aaee. (d) To pay all and sin~ular the costc, chatses and expenses, includ~n~ laryets' ftes and absitact costs reasmably incurred M paid at any ume by thc Mortsaaee because of the fa~lure on the part o[ the Mortsasor to perform, comply with ind ab~de by uch and every the supulauons, aareemmts, conditions and covenants of said pranissory note and this deed, or e~ther, and every such'payment shall bcar ~ntercst trom date at the r~te ot ten UO`L) per centum pcr annum. (e) It is t~ther covenanted and ageed by sa~d parues tAat in the event o( a suit bein6 instituted to (oreclose th~s mort~ase, the Mort- p~ee sA~il be eahtled to apply at any e~me pendms such foreclosure suit to the court havin~ jurisdicuon thereo( !or the appomtmen~ of a receiver of all and sinsular the mortaa~ed property, aed of all rents, ~ncomes, profits, issues and revenues thereot, trom whatsoever source denved; and thereupon it is hereby e:pressly covenanted and asceed that the Court shall fwthwitA sppoiot cuch rece~ver with the usual powers and duties of receivers in fike cases: and said ~ppomement shall be made by the court as a matter of strict n6At to ~he Mortsa~ee, and witAout teterence to the adequary or ~nadequacy of the value of the prope~ty hereby mor[aa6ed. or to the solvency or ~nsol~ency o( the lNortaasots or any other party defendant to s~ch suit. The Mortsa~or hereby specitically aaives tht naht to otr~ect to the appointment of a teceivet as afotesaid and hereby eaptessly consents that such appo~ntment sh~11 be made as an adm~tted equ~ty ~ and as a matter of absolute ri~At to tl~e Mortsaeee and tha~ the same may be done r~U?out notice to the Nort~aaor. (f) I( toreclosure procetdia~s should bt inst~tuted a~ainst ihe property co~ered by thls orort~a`e upon any other lien or cla~m whether alk~ed to be supenor or junior to the lien of this mort~age, thc Mort`aaet may at h~s option ~mmed~attly upon mshtuuon of sucA suu or dwins the pendency thereot decl~re th~s mortaa6e and the ~ndebtedness secured hereby due and paya~le furthw~th and may at ~ts optiort proceed to (oreclose th~s mortpse. lt) That tl~e Mort~a~e? veli ketp a11 real and personal property nov a hereaftet encumbered by the hen ot this mwt`a~e msured as may ~ be tequired tran timt to titee by the Mortsasee asainst loss by f~re, w~~ndstotm and other hazards, casualt~es and contmsencies fur su:h per~ods and lor oot lesa lhan such ¦mounts as may be requ~red by the !Nort~a~ee and to pay promptly when due all prem~ums for such maurance. The amounts of insur~nce requ~red by the !11ort~a6ee shall be the mm~muen amounts fw wA~ch sa~d ~nsunnce sha!! bc rntten and it sha11 be ~ecumbenl upoo the JNor[a,aa to ma~ntain such add~t~onal insurance as may be necessary to meet and comply fully ~i~h all co-~nsurance rcquirements contamed in sa~d pol~cies to the end that the said Mort6a~or ~s not a co-~nsuror thereunder.tnsurance shall be ~ntter. by a cappany or compames approved or des~tnrted by the Mort~a~te and al! policies and renewals thereot shall be held ~ by the Mort~asee. All deta~led desi~nst~ons by tde Mort~ator vrh~ch a~e accepted by the Mort~a~ee and all asreements between Mort~agor and Mortsa~ee relaan~ to msur~nce, now e:~stm~ or herea(ter msde, shall be in rrit~n~ and shall be a patt of th~s mortga`e a~reement as fully as thou~h set forth verbat~m herein and shall 6overn botA parties hereto and their successors and assi~ns. No I~en upon any of aaid polic~es o( insurance or upon any refund or retu~n prem~um rhich may be payable on the cancellauon ot term~n~t~on tAertof, shall be ~iven to other than ene M«e~a~ee, e:cept by proper endwsement affi:ed to such pot~cy and ~pptored by Mort~a~et. Fach poluy of insur~nce shall have •ttiaed thereto a Standard Ne~ York Alortsasee Cl~use ~r~thout Contnbuqon, makin~ all toss or tosscs under ~uch i policy payable to the Mortp~ee aa its ~aterest may ~ppear. In tAe erent ~ny sum or swns of money becane psyaDle thereunder the ~1ort- ~a~ee shall have the opt~on to rece~ve and apply the s~mt on ac=ount of We indeb[edness Aereby secured, a to permit [hr Nor~gaRor to rece+~e srd use ~t, or any part thereo(, ~rithout thereby ~rsivin~ or ~mp~irin~ any equ~ty, licn, or n~ht undcr and by v~rtut o[ thi. nort{s~e. (n erent of loss or phy~ical damase to tht mort~ased property the Matsa~a sball {~ve ~mmsdiate nouce thereof by ~^a~i e~~ the Mort6a~ee and the Mort~asee may mste proof of loss ~t the same ~s not made promptly by the Mwt~a~or. tn evem of torc.lnwre of 3 • e~~K~~V PAGf.~o~ i _ ~ - ~ . - - - = r=<`= . = ,wi