Loading...
HomeMy WebLinkAbout1509 ~ ' j ~ PROVIDEn, ALWAYS, that if the ~tortga`or shall pay unto the \~ort~agea thr i~debtedness ev~dtnced by a ! cectain promiss~xy note of which the fullowina in words and fi~ures is a uue copy taw~t: ; ~dN~~~L 51~~~Q~QQ _ • ~liami, Florida January 29 t9 ~ 2 i Ft~tt ~ 1Ll E: RECf:i~~F.U__. We, jpintly and severally, promis<<~pa. t~~ th~ urd~r ot _MIRIAM KIRSCH ~ ~ thr p~in~~ipal ~r _One Thousa--n EigFit Hun re 1 t}/ SIl Il0 LLARS, together with mterr•t ~ thrrc.~n f~um dat~ at thr ratc of trn pr~cent, per a~num until matunh, both pnncipal a~d int~resl being payable in lawiul mone~ uf ~I,r l nitcd ~tate~ at Ki~caynr Bhd., ~liami. Florida, or at such uther place as the holders hercuf may designate in wntinK. F'rincipal and interr:t pa~•adle in in.tallmen4+ aa follow.: Forty ($40.00) Dollars per month, beginning on the 15th day of March, 1972, and continuing on the lSth day of each and every month thereafter until paid in full. - This note may be prepa~d m whole or in put after one year from the date hereof upo~ payment oE • pe~alty equivalent to f~ve percent of the pnnc~pal sum prepaid. F:ach imtallment pa~•ment ~hall be c~~ditrd [i~t on the intercst due, and the remainder on principal; and interest shall thrn- upun ceasr upun thr principal ~o crrdited. The maker and rndorrn of thi~ not~ further a~rre to waive demand, notice of non-payment and protest, and in the event wit ~i~all Ix brought for the coll~ctiun hrreof, or thr same has to be collected upon demand of an attorney, to pay eeasonable attorney's ~rr> fur making .uch collrcUon. Urf~rred payment~ hereund~r shall bea~ intere~t at the nte of ten petcent per annum from maturity until paid. 7'his not~ w< <ecurcd by a mortgaRe o( e~~~n date her~with and is to be construed and enforced according to the lawa the ~tat~ of Florida: upon dr(ault in the pa~•ment of principal andJor interest when due, the whole sum of principd and in rost r.~ma~ning unpaid ~hall, at the option of th~ holders, become immediately due and p~yaWt. ~ SEAL) , . , i ~.L L ' (sEAL) P?cpared Dy ~prler 8 Tendrich. Altomeys - 2250 Bi~eayne Bl~d.. ~tumi, a ~ ~ and shaU perform, comply w~ith and abide by each and evety the stipulations, agreements, conditions and cove- ~ nants of said promissor~~ note and of this deed, then this deed and the estate thereby crea;ed shall cease and be I I nult and void. ~ j 1. The Alortgagor hereby covenants and agrees: E ~ (a) To pay all and sin`ular the p~~~c~pal and mterest and other sums ot money payable by vi[we of said prom~ssory note and ih~s ~ E deed, ot t~t6er, promp~ly on the days respecUvely the ~ame severally Decomes due. I ' (b) To perm~t, caom~t or suffer no rraste aod to mamtam ~he improvements at all t?mes in a state of ~ood repa~r and cood~uon, and to 3 do or permit to be done to said prem:ses nothin6 that W?11 atter or chaa~e the uae and ed~racter ot ssid property or in any vvay impa~r or ~ reaken the secunty o( this mort~a~e. And ~n case of the rcfusal, nealect or iaability of tAe Mortp~or to repair and maintam s~id ptoper- ~ ty, the Mort~aEee may, at h~s opuoa, mate such repairs or cause the same to be made, and advance moneYs in that behal(. ~ (c) To pay all and sm~ulu [he taies, assessments, le~ies, I~ab~Gties, and obli~at~ons ot every nature ao said described property each ~ and every ~hen due and payable accord~n~ to la~•, bef«e they Decome deliaqu~..i, and to deliver to the Mort~a6ee on or before March ISth of each year taa receipts er~dencins the payment o[ al! lav(ully ~mposed ta:es tor the preced~ns calendar yur, to indenuiety the ; Mart~asee upon his demand tor ali taaes, assessmcn~s and charses that may be assessed upon tAis mort~ase on the indebtedneas s•- ~ curtd hereby, and paid by the mortsa6ee, without re6~rd to any 1» hereto(ore enacted or herufter to be enacted imposins payment of ~ the r~hole or any ~art thereof upon the A~ort6asee. ~ (d) To pay all and s~n`ular the costs, chu6es and e:pcnses, ~nclud~a` lavyers' fees and abstract costs rcasonably incurred ~x yaid at any i~me by the ~fort6a6ee bccause ot the fa~lure on the part of the Mort~a~or to perform, comply v~th and abtide by e~ch and every the ~ supulat~ons, a~reements, cond~tions and coven~nts of s~id promissorq note and this deed, o[ either, and every such-payment sAall bear ~ntcrest fraw date st the nte of ten U04) per crntum per annum. ~ (e) It ~s turther coren~nted and s~reed by sa~d part~es tha[ ~n the event ot a suit beie?s instituted to (aeclose this mort~ase, the Mat- i p~ee shall be entitted to apply at any time pendin~ such [oreclosure suit to the court davin~ jurisdictian thereof fa tbe appo~ntmen~ o( a receiver of all and sinsular the mortsased pcoperty, and ot all reats, incoe~es, profits, issues and reveeues thereot, froe~ rhatsoever source de~ived; and thereupon ~s hereby espressly coreaanted aod asreed that tAe Court shsll torthvith sppoint such receiver rith s ; the uswl powers and dut~ea of receivers in like cases: and said appointment shafl be made by the court as a matter of strict ri~t to f ~ the Mort~a~ee, -and r~thaut reference to the adequacy or inadequacy of the value of t6e property Aereby mortsa~ed, or to the solrency or insolvency ot the Mort~a~ors or any othet party de(endant to s+xh su~t. The Mortsator hereby apecitically raives 1he ri6ht to ob~ect to the appointment of a rcceiver as aforesa~d and hereby etpressly consents thai such appo~nttnent shall be made as an adm~tttd equ~~y ~ and as a maiter of absolute ri~ht to the Mortp6ee and thst the same may be done w~thout notice to the Mort~a~or. ~ s lf1 If foteclosure proceedm~s should be inshluted assinst the property covered by lhis mortp~e upon any other lien or claim ~vhether slle~ed to be supenor or ~un~or to the hen of this morip~e, the Mort~atee enay at 6~s opuoa ~ameduulY upon ~nshWUOn of such suit ~ or dur~a~ the pendency t6ereof declare th~s mortsa~e and the indebtedness secured hereby due and payable f~xthw~~th and may at ~ts 2 ophon proceed to foreclose th~s mottsa~e. j ;s ~ ~That the Mortiasor ~r~ll keep all real and person~l property no~ or heteafter encurnbered by the I~en ot this mort~a{e ~nsured as may be reqwred from ume to time by the Mort~a~ee a~a~nst ?oss by tue, w•uxistam and other hazarJs, casualt~es and conunsenc~es tor such - per~ods and tot not less thaa such amounts as may be reQu~red by the Mort~a~ee and to pay proa~ptlY when duc all prem~ums (or such ~nsurance. The amounta of insurance required by the Slonaaaee shall be tAe m~mmum au~ounts for ~rh~cn sa~d rosurance shall be wntten and ~t sAall be ~ncumbent upon the Mort~a6or to maintain such addiuonal ~nsurance as may be necessary to meet and comply fully +~th = a11 co-~nsunnce requirtments conta~ned m said policies to the eed that [he said Mortpsor ~s not a co-~nsuror thereunder.lnsurance ~ shall be rr~tten by a company or compan~es spprored or desisnated by the Mortaa~ee and all policies and rene~rals thereof shall be he1J by the M«[sa6ec. AII de4iled des~~nat~ons by the lNortEaaor yh~ch are accepted by the Mortp~ee and all asrecments between Mwtpeor - aod 6lortsasee relat~n~ to insurance, nov e:~stin~ or here~fter made, shail be in .~ntins and s6a11 be a part of th~s matsa~e a~reement •s fully as thou6h set fath verbat~m Aere~n and shall 6orern both parties hereto and their successors and ass~~ns. No I~cn upon any ot ~ J~ said policies of msuronce or upon any refund ot rcmrn prem~um +hicA rtuy be psyable on tMe uecellation a tcrmmat~on tfiereof, shall 4 be ~~ven to othtr than the Mat`a6ee, except by proper endorsement affixed to such poLcy and apptoved by Mo?taa~ee. EacA pol~cy o( _ insunnce ahall have atfiaed thereto a Standud New York Mortaa~ee Clausr ~r~thout Contnbuuon, makm6 all loss or Iosses unJer SucA ~ ' policy payabte to the Mortp~ee as its ~nterest may appear. In the event any sum a sums of money become payable thereunder the ~tort- ` sasee shall have the opnoe to rece~vr and apply the same oa account of ~he-?ndebtedness hereby secured, or to permit the Nortg~Fnr to rece~r~ and use u, or any part thercof, without thereby rairin~ a ~mpainn~ sny equity, fien, or n~ht under and by v~rtuc of tha. - mottsate. In evertt of loss ot physical dama~e ta the mortsaded poperry the Mort~a~or sbal) ~~ve ~mmed~ate nohce thereoS by ma+l t~, tht Mat6a~ee and ~hc MortEa~ee maY make pronf ot loa~ ti( tfic same not made pranpUy by the Viort~asar. In cYent o( tore~l~~~we nf - , b~~~~ ~15~ ' ~ - - - ~ . _ . .