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HomeMy WebLinkAbout2256 • . ~ PRO~'IDEI1, ALwAYS, that if the ~lortgagot shall pay unto the ~k~ctgagee the ~nJebtedness ev~denced hy a certa~n ptwnissory nott of which the fallowing in wurds a~d f~gu~es ~s a true copy to-w~t: ~au~~~ - - 2,625.00 March 16 ~ S ~tiami. Florida ~ 1 ~1 _ ~ _ ~ . . ~ FOR VAL~~E RECEI~'ED_ We oint~l~ and severall~y L _ promuc lu p~~ to the orde~ of HARRY J, SEVEL AND RO H. SEVEL, HI S WI FE the principal sum of TWO Thousand Six Hundred Twenty-five and Yl ~i~R,~, toRrthrr Mith i~~trrr,t ~ thereon 4om date at the ~ate of teo percent, pe~ annum until maturih~, both priocipal and intrrest being payable in lawful mo~e~ ~ the United ~tates at 22~W Biscayn~ Bl~d., ~liami, Flotida, or at such othe~ place as the holden hereo( may de.ignate in ~itinK. ~ Principal and interest payable in installments as follows: ~ Sixty-five ($65.00) Dollars per month, beginninQ on the 15th day ' of May, 1972, and continuing on the 15th day of each and every month thereafter until paid in full This note may be prepaid in whole or in part a[ter one year from the date hereof upon payment of a penalty equivatent to five percent of the principal sum prepaid. ~ Each installment payrrient ~hall be credited ficst on the interest due, and the rcmainder on principal; and interest shall thrrr- upon cease upun the pnncipal so credited_ The makers and endorsen of this note [urther a~ree to waive demand, notice of ~on-Payment and protest. and in th~ event suit ~l~all be brought [or the collection hereof, or the same has tu be collected upon demand o[ an attorney, to pay rcasonable attorney's frrs for making such collection. Deferred payments heteunder shall bear interest at the rate of ten perce~t per annum from maturih until paid. This note is secured bv a mortgage ~ o[ even date herewith snd is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal and/or interest when due, the whole sum of pnncipal and intere~t rcmaining unpaid shall, at the option of the holders, become immedy~t ly due and payable. . ~ ' . ~ u' ' (SEAL) • i _ : ~ - ' (SEAL) Prepued by Spieler d~ Trndrich, A~tomeys - 2240 Biecayne ~~d., yliami, F'da / J ar~d-shall perform, comPly with and abide by each and every the stipulations, agreements, conditions and cove- I' nants of said ptomissory note and of this deed, then this deed and the estate thereby created shall cease and be ( null and void. i ~ 1. The hlortgagor hereby covenants and agrees: I (a) To psy all and sintular the pr~nc~pal and ~ntecest and other sums o[ money paYible by v~rtue ot said prom~ssory note and this t deed, a either, promptly on tht days respec[i.ely the same severally becoaus due. ~ (b) To permit, commit or suffer no waste and to ma~n~ain the ~mprovements at all times in a state of sood repair and condit~on, and to do or permit to be done to said prem~ses nothing that w•~II alter or chan`e the use and character ot said property or in any W ay impa~r or 3 weaken the secunty of tAis morttase. And m case of the rcfusal, neslect a inability ot the Mort~asor to tepair and maintam s~id proper- ty, the Moct~s6ee may, at his opt~oo, mste such repairs or cause the same to be made, and advance moneys in that behalt. > f (c) To p~y all aed sinsular the qxes, assessments, le~ies, f~ab~l~ties, and obli~ations of every nature on said described proper[y each ~ and every ~rhen duc and payable accordms to IaM, betore they become delinquent, ~nd to deliver to the Alortsa6ee on or be(ore March ~ ISth of eacA year tax teceipts evidencing the paYment of all lawfully ~mposed taxes [or the precedins catendar year, to ~ndemnify the ~ A1ort~a~ee upon his demand for all uxes, asses~men~s and charges tAat may be assessed upon ihis mortgaae on the indebtcdness s?- ~ cured hereby, and paid by the mortgaaee, +•ithout regard to any lavr heretotote enacted ar hereatter to be enacted imposing payment o: the rhole or any ~+art thereot upon the A1ort6+6«• ~ ~ (d) To psy al! and sin=uLr the costs, chargcs and expenses, includ~ng lar~yers' tces and abseract costs teasonably mcurred or paid at ~ any t~me by the Alatea6et because of the fa~lute on the part ot the Mortgagor to pettorm, comply w~uh and abide by each and every tAe ~ sUpulauons, a6~eements, cond~tions and covenants o( said promissory note and this deed, or either, and evety such~payment shall t+ear ~ mtercst from date at the rate of ten (10 ~l per centum pe~ annum. (el It is furthe~ covenanted and a~reed by sa~d par~~es that in the e~•ent o( a suit bt~ns ~nshtuted to foreclose th~s mortgagc, the \I~xt- ~ sasee shall be mhUed to spply at any ~ime pending such toreclosure suit to the court havin6 jurisdiction thereof for the appomtment ~ ot a rcceiver of all and sinsulsr the mwt6ased property, and o( all rents, mcomes. protits, issues and revenuec thereof, from w~hatsoeYer source denved; and thereupon rt~s Aereoy expressly coveaanted and ageed tAat the Court shall forthWith sppoint such rece~ver w~th ~ the usual poWerc and duties of recei~ers in like cases; and said appomtment shall be made by the court as a matter of strict n`ht to thc ~1ort6a6ee, and r•~tAout reference to the adequacy or ~nadeqwcy o( the value ot the property hereby mortaa6ed, or to the solvency or insolv~ncy of the Mortsagors or any other party de(cndant to such suit. The Mortsaaor hereby spec~ficallY waives the nght to ob~ect to the appointment of a recerver as aforesa~d and hercby eaptessly consents that such appo~ntment sha11 be made as an adm~tecd cqu~ty and as a matter ot absolute n~h~ to the ~lwtgs~ee and that thasame may be done w~thout notice to the ~tortgaaor. i's (f ) If (oreclosure proceedmas should be inshtuted against the property covered by ttns mort~a6e upon any other hen or cla~m whether alle6ed to be supenor ot ~umor to the lien of this mortsa6e, the Mortgasee may at his opuon ~mmediately upon in,htur.on nf .u:h cu~t or durm~ the pendency thereo( declare th~s mort6a6e and the ~ndebtedness secured hereby due and paY~blc turthwith and may a[ ~t. opuoe proceed to foreclose thls matsase. (~l Thst the Mort~adot r•~Il keep all real and personal ptoperty now ot hereafter encumbered by the f~en ot :his mortga6e ~nsured as m~y be required lrom t~me to time by the Mort`a~ee a`amst loss by fire, windstorm aed other haurds, casualt~es and contmgencies for ,uch per~ods and tor not less tha~ such amounts as may be requ~red by ehe Mort~a~ee and to pay promptly xhen duc all prcm~ums tcx such ~ msuranca The amounts o[ ~nsurance requ~ted by the Mort~asee shall be the mm~mum amounts (or wh~ch said ~nsurance shall bc rnucn ' and rt shall be incumbent upon the Mortsa6or to maintsin such addrt~on~l ~nsurance as may be necessary to meet and comply (ully u~th •11 co-msurance requ~rements conU~r.ed ~n said pol~c~es to the end that the sasd Mort6a6or ~s not a co-insuror thereundcr.lnsuranac shall be w•ntten by a campany or compan~es approved or des~gnated by the Mort~a~ee and all pol~c~es and renewal. thereof tiha11 Ae helJ by the Mwtgasee. All deuiled desi6nat~ons by the Mortsasor ~h~ch are accepted by the Mort=a6ee and all asreemen!c between ~IortgaEor ;i and Mort~s~ee rel~hns to msurance, now ea~sting or hereaftcr made, shall be in w•ntm` and shall be a part of th~s mortgage a6reement " as fully as thoush se~ for~h verbat~m here~n and shall sovern both parties hereto and their successors and ass~gn+. No l~en upon any ~~f V; s~id policies of ~nsurance w upon any rcfund or return prem~um s•hich maybe payable on the cancellauon or termmauon theroot, ~halt - be ~iren to other rhan ?he Mortpsce, except by proper endorsement atfued to such pol~cy and apptoved by hlottga6et. Fach pol~~y ~t msur~nce sAsll have a(fixed thercto s Standard New York Nortsa~ee Clause ~rthout Contnbuuon, mak~ns all losc or fossc. under ~ueh policy payable ~o ~he Nwt~a~ee as ~~s ~nterest may appear. In the evant any sum or sums of money b£coqe~Yabfe ~hereunder ~hc V~~r:- `a~ee sha!! have the oppon to rece~~~ and apply the same on account o! the ~ndebtedness~re~y 4eeu~ed, or to perrt:~2 r~c ~fnr:~~e~~r to rece~ve and use ~t, a any part thereo(, w~thou~ thereby raivina or ~mpa~rm` any equrty, lien, or nsht unJcr and by :tttuc o` th;- i S DhY- 6 6 B p~operty the S1ort`aEor shall Eive ~mmedutc noticc thcrr~,f by -a~'. t.: mat a e. lo event of loss or c~cal dama e to the mort a ed ~ th~ Morlp~ee and the S1ort~a6te may make prouf of lo~~ i( the came is not made promptly by the 1lortgagor. In :~cnt ;~~re~i~~~urc•~d ~ ~ ~ ~I ~ _ ~ ~.._r_ _ . _ _ . . ~