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HomeMy WebLinkAbout2472 ,t ' t PROVIDEfI, ALWAYS, that if the \turtgagot shall pay unto the ~tottgagee the indebtedntss tviJenced by a ~ttta~~ pn?mi~soty nott .~~f wh~ch the follov?ing in wotJs and figures is a true copy ta•wit: _ , : 3,950.00 ~~;,m;,F~o~;d, March 15_,__ 72~_ ~ FOR YALUE RECEI~'Ep . We, _iointl~ and severallyL p~omi.~c tu p~~ ~ to the orde~ of I`fI LTON W. Y NS ! the principal.um o( T~ree ~I~lOUS8R Nine Hun red Fifty and RO ZQpj[,G..~~~, ~oRethrr with intrrr.t thereun from date at the rate of ten percent, per annum until matunty, both principal and interest bein{t payable in lawful mou~•~ ul' the United Jtates at '2~-~-~ Bi+cayne Blvd.. \liami. Florida, o~ at ~uch other place as the holders herrof may de•ignate in writinR. Principa) and interest payable i~ irutallments aa tollows: Seventy ($70.00) Dollars per month, for sixty (60) consecutive~months, ~ on the 15th day of each and every month, beginning on the 15th day ~ of May, 1972, and continuing until the lSth day of May, 1977, at which ~ time the balance shall become due and payable. This note may be prepaid in whole ot in part after one year from the date hereof upon payment of a penalty equivalent to five petcent of the principal sum prepaid. Each installment payment shall be credited first on the interest due, and the remainde~ on principal; and intercst shall thrrr- upon cease upun the principal ~o c~edited. The makers and endorsers of this note further agree to waive demand, notice of non•payment and protest, and in the event suit shall be brought for the collechon hercof, or the same has to be collected upon demand o[ an attorney, to pay reasonable attorney'~ 1 fers [or making such collection. , Deferred paymen~c hereunder shall bear intere.t at the rate of ten percent per annum from maturity until paid. This not~ is secured by a mortgage of even date herewith and is to be construed and enforeed accordin~ to th~ laws of the ~tate of Flcxida; upon default in the pavment of principal andlor interest when due, the whole sum of principal and interes rrmaining unpaid sha11, at the~option of the holders, become immediatety du and payable. Wit~ness as to her mark ^ ~ j 1 C'~- ~ ~ ~ (SEAL) 1~_~ ~ ~ . '~ryr >1,'. _ t , ~ _ • " : ~sEa~~ Repare y_ pK er e~ rx . ttomeys - i~ Biseayne Blyd.. :Niami, Plorida ( SEAL) and shall perform, comply with and abide b~• each and every the stipulations, agreements, conditions and cove- nants of said promissor~~ note and of this deed, then this deed and the estate thereby created shall cease and be null and void. 1_ The hlortgagor heteby covenants and agrees: ! (a) To D~Y a11 and s~ngulu the pr~nc~pal and ~ntercst and other sums of money payable by virtue of said prom~ssory note and th~s i deed, or e~ther, promptly on the days rcspectn•ely the same ceverally becomes due. i (b) To pe:m~t, commit or sufter no waste a~d to ma~num the tmprovements at all umes ~n a state ot good tepa~r and condition, and to do or perm~t to be done to sa~d premises noth~n6 that r•ill alter o~ chanse the usc and character ot said property or in any way ~mpair or i weaken the secunty of this mort6a6e. And ~n case of the retusal, neglect or inability ot the Mortgagor to repair and mainta~n said proper- ~ ty, the A{ortpRee may, at h~s ophon, make such repa~rs or cause the same to be made, and advance moneys in that behalf. ~ (c) To pay all and cin~ular the bxes, assessments, le~~~es, 1?abilrties, and obliptions ot every nature on said described property cach and every when due and payable accwdina to lar, before they Decome delinquent, and to deliver to t6e Morteasee on or t+eforc March ISth of eacA year tax receipts ev~dencin6 the payment ot all lawtully imposed taxes for the precedin6 calendar year, W~ndemnify the ~ A1ort~a~ee upon his dema~d tor all taaes, assescments and chatEes that may be assessed upon this mort~aae on the indebtedness s~- cured hereby, and pa~d by the mortgagee, +~~thout re6ard to any law herctofae enacted or hereafter to be enacted imposm6 payment o: 4 the rhole oc any ~art thereof upoa the ~lort6a6ee. ~ (d) To pay all and sm6ular the costs, charses and eapenses, includm` lawyers' tees and absttact costs reasonably mcurred or paid at ~ any ame by the lN~rteagee because of the fa~lure on the part of the Nortgaeot to pertorm, comply with and ab~de by each and ever~~ the ~ supulat~ons, agreements, condihons and covenants o( said promissocy note and this deed, or either, and evety sucKpayment shall bear ~ interest (rom date at the nte of ten UO`F) per centum per annum. ~ (e1 It is turther coven~nted and asreed by said pa~t~es that ~n the e~~ent ot a swt bein6 insututed to [oreclose th~s mortgage, the ~tort- ~ ea~ee shall be enhUed to apply at any time pending such toreclosure suit to the court havina jurisdichon thereof for the appomtmen~ of a receiver ot all and sinaular ihe mortsased property, and of all rents, incomes, profits, issues and revenues thereof, trom r~hatsoever ~ source derived; and thereupon it ~s hereby expressly covenanted and agreed thst the Court shall forth~vith appo~nt such ~ece~ver w~ih the uswl powerc and dudes of rece~vets in like cases; and sa~d appointment shall be made by the court as a matter of s[rict right to ; the Slortdasee, and r•~thout re(erence to the adequacy or inadeqwcy of tht value o( the property hereby mort6aged, or to t e so vency ~ or insolvency of the Mortgagors or any other party de(endant to such suit. Tht Mort6agor hereby specif~cally M'7iV[5 the r~ght to ob~ect to the appomtment of a tecerver as aforesaid and hereby eapressly consrnts that such appo~ntment shall be made as an admuted equ~tY ' and as a mstter ot absolute n6ht to the tlort~a`ee and that the same may be done w~thout notice to the Nort6agor. :i (f) If foreclosure proceedinss should be instituted a~ainst the propetty covercd by this mottgase upon any othet litn or claim vhether ~ alle6ed to be supenor ar ~uniot to the lien o( this mat`a~e, the MortEa6ee may at his ophon ~mmed~ately upon institW~on ot wch suit or dunn` the pendency theteot declarc th~s mortsa6e and the ~ndebtedness secured hereby due and paYablc torthr~tA and may a~ ~tr opt~on prxeed to (weclose th~s mortp~e. (sl That the Mortsa`or w~ll keep all real •nd personal property nov or hereafter encumbered by che l~en o( this mortga6e ~rsured as may = be requited (rom time to time by the Mortda`ee apinst loss by t~re, w~ndstorm and other hazards, casualues and conungenc~es fur auch per~ods and ior no~ less than such amounts as may be requ~red by the Mort~a~ee and to pay promptly •xAen duc all prem~ums for such msurance. The amounts of insursnce reqwred by ehe Mortsaaec shall be the min~mum amounts (or rh~ch sa~d msucance shall bc rr~ttcn _ and it shall be ~ncumbent upon the Mort~a~or to ma:ntain such addihonal msurance as may be necessary to meet and comply tully w~th - all co-~nsurance requ~rcments conta~ned ~n aaid pol~ctes to the end that the said Alortga6« i~ not a co-~nsuror thereunder.Insurance shall be ~ntten by a canpany or compan~es approved or des~ana~ed by the Atort6a{te and aU pol~c~es and rcnewah thereof shall be he1J - by the Mwtp6ee. All detailed desi~aatioos by the Mortsa6or which are accepted by the Mort`asee and all aareemrntc between ~lortgagor and Mortja~ee rel~tms to msurance, nov et~sUn~ or hereafter made, shall bc in writin~ and shall be a part ot th~s mortgage aertemcnt •s fully as thoush set forth verbaum hetem and shaU `overn both pathes hereto and iheir successors and ass~6n~. No lien upon any nf _ s~id policies o( msuran;e or upon any refund or return prem~um which may be payable on the cancetlat~on or term~nat~on there~f, .halt be ~~ven to other than the Alortga`ee, except by proper endorsement affiaed to such pol~cy and approved by Mwtgaset. Fach pol~~y ~f mw~~nce shall ha~c aff~xed thereto a Standard Ne~v York Nort~a~ee Clause ~v~thout Conu~buuon, mak~ns all loss or losseti unuer ~u~h pohcy payable to the Slortp~ee ~s rts ~nte:est may appear. In the evmt ~ny sum or sums ot money become payable ~hcrcunder thc ~U~r;- ;i'~ ~a~ee sAall have the opbon io rece~ve and apply~ the same on account of the mdebtedness hereby secured, or to perm~t tAe \1nr:~caz•~~ ~o rece~ve and use ~t, w any part thcreof, without thereby waivm` or ~mpauin~ any equrty, I~en, or n6ht unJrr and by '+vtuc :nat~ue. In event of loss or physrcal dama~e !o the mortga6ed property the S1ort~~~tm sball ~~~e immedute nnzuc ~hcrr~+! b> -.,e! s`` the Morlp~ee anJ ~he ~lortdagee may make prouf of los+ ~f thr same not made promptly bp thc ~tortgagor. In r~rnt ~~f t~~rc~i~•~~rc ~~t. " 600X~ PAGE~~7~ . • _ ~ ; ~ ~ .__u u _ . _ ,y _ . . _ . , .e~' Z , ~ 7.-n~ir4