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HomeMy WebLinkAbout2955 PROVIDEn, ALWAYS, that if the ~brtgagor shall pa> unto thc \brtgagee the indebtedness ev~d~nced by a rertain promissory note of which the fallav?i~~ in wocds and figures ~s a true copy to-w~it: ' . s 00 ~4~~~` ~1;,~0~; March 25 , ~~~7 2~~. = 2,850. . FOR VALUE RECEI~'ED We L i ointly and severally, prom~-< <o p~~ to the order o( NAT FRIEDMAN AND TILLIE FRIEDMAN ~ HIS WIFE _ the principal ~um of 'I'housand EiRht Hundred Fiftv and ri0 1q~T~~.L.~R~, togethe~ with intr~r~t thereon tmm date at the nte o[ ten percent, per annum until matunty, both principsl and intercst being payable i~ law[ul money uf the L'nited States at '.'.2~ Biscayne Bl~d., \liami. Florida, or at such other place as the holdeh hereot may designate in wntin~. Principal and interest payable in installmenta as [ollows: Seventy ($70.00) Dollars per month, beginning on the 15th day of riay, 1972, and continuing on the 15th day of each and every ~ month Chereafter until paid in full This note may be prepaid in whole oc in part after one year ftom the date hereof upon payment of a Penafty equivalent to five percent of the principal sum prepaid. . 6ach installment payment ~hall be credited fvst on the interest due, and the remai~der on principal; and intercst shall thrrr- upon ctase upun the pnneipal ~o credited. . The makers and endorsers of this note further a~ree to waive demand, n~tice of non-payment and protest, and in the e~ent suit ~hall be brouRht for the collection hereo[, or the same has to be collected upon demand ot an attomey, to pay reasonable attornev~+ [cr~ [or making such collection. Deferred payments hereunder shall bear interest at the rate of ten percent pe~ annum fwm maturity until paid. This note i~ xcured bv a mortgage of aren datc herowith and is to be construed and e~forced according to the laws of the State of florida; upon default in the papme~t of princiQal andlor interrst ~+rhen due, the whole aim of pnncipal and interest ermaining unpaid sha11, at the option of the holders, become ~mmed~ t ~ due and yable. w ~ ~ / • ~ - : - (SEALj - 7=~l. (SEAL) P?epared by ~pieler ~ Tendrieh. Attorney~ - 22~0 Biscarne Bt~d.. Miami. Flanda ar~J shall perform, comply v?ith and abide by each and every the stipulations, 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 hlortgagor hereby covenants and agrees: j (a) To pay all and sm6ular the princ~pal and intercst and other sums ot mo~ey payable by vittue of said p~omissory note and th~s deed, or e~ther, protnptly on the days respectively the same ce~erally becomes due. ~ (b) To perm~t, co~nnu or suffer no Waste aod to ma~ntain the imptovements at all umes in a state of good reDa~r and cond~uon, and to i do or pcrmit to be done to said prem~ses noth~na that v~ll alter or chan~e the use and character of said property or m any ~ay ~mpa~r or ~ seaken the security of this mottaaae. And in case of the re(usal, ne6lecl or inability of the Mortgaaor to repair and mainu~n said proper- ty, the Mort~a`ee may, at his option, make svch repairs or cause the same to be made, and advance moneys in that behalt. (c) To pay all and cinjular the taxes, assessments, Icc~es, liabilitits, and obli`ations of every nature on said desctibed property each S and every when due and payable accordins to lar, bef«t they become delinquent, and to deliver to the Mortsagee on or bctorc Alarch g ISth o( tach year taa receipts ev~dcncin` the payment ot •II hwfully ~mposed taxes for the precedma calendar yur, to ~ndcmnify the ~ Alortpsee upon his demand tor all uaes, assessments and cAu6es that may be assessed upon this mortaaae on the indebtedness s~- cured hereby, and paid by the mort6a6ee, writhout regard to any la~~ hereto[o~e en~cted or hereafter to be enacted impos~n6 payment o: ~ the whole or any ~art thereof upon the A1ort6agee. ~ (d) To pay all and s~nsular the cos~s, char6es and expenses, includin6 lawyers' fees and abstract costs reasonably ~ncurred or pa~d at ~ any t~me by the Alortga6ee because of the fa~lure on the part of the Morteasor to perferm, comply ~ith and ab~de by each and every the st~pulat~ons, agreements, cond~tions and covenants of said promissory note and this deed, or either, and every such~payment shall bcar mterest from date at the rate o( ten UO'L) per centum per annum. ~ (e) It is further coven~nted and a~reed by said parhes that ~n the event ot a suit beins instituted to foreclose this mortgate, the Maa F ~asee sh~ll be entitled to apply at any time pendin6 sucA foreclosure suit to the court havina jurisdictioo thereof (or the appointmen~ of a receiver of all and sin6ular the mort6ased property, and o( all rents, incomes. profits, issues and revenues thereof, from vhatsoever ~ source derived; and thereupon rt is hereby eapressly coven~nted aad s8reed that the Court shall (orth~ith ~ppoint such rece~ver ~aith r thc usual powers and duties of receivers in like cases; ~nd said appointment shall be made by the court as a matter of strict ri6ht to ~ the !~{ort~a~ee, and w•~thout reference to the adeqwcy or inadeqwcy ot the value ot the proper~y hereby mort6ased, or to the solvency cx insolveney o( the Mwt~aeors or any other party defendant to such suit. The Mort~a6or heteby spec~f~cally waives the r~gAt to ob~ect ti to the appointment o( a receiver as aforesaid and hereby exptessly consents that such appo~ntment shall be made as an adm~tted equ~ty and as a matter ot absolute right to the Mort6agee and that the same may be done w~thout notice to the Nortga6or. (f) If toreclosure proceedinss should be instituted a~ainst the ptoperty covercd by th~s mott~ase upon any other lien or c1a~m whether i ~ ;j sllesed to be supenor or ~unior to the lien of this mortpse, the Mortjasee may at his opuon immediatel> upon ~nstrtu[~on o( wch su~t = a dunns the pendency thereof decl~rc th~s mort6aae and the indebtedness secured hereby due and payablc Iorthwuh and may at ~~ti ophon ptoceed to foteclost th~s mott~ase. That the A1ort`a6or w~ll keep all real and personal ptoperty nov or hereaftet encumbered by the I~en ot :A~s mortga6e ~n+ured as may be required (rom time to time by the Mott`~see a~a~nst loss by fire, wmdstorm and other hazards, caswlues and c~nhnEenc~es fur weh per~ods and for not ?e~s than such amounts as may be requued by the Mort~a~ee and to pay promptly rhen duc all premiums fwr such ~ msurance. The amounts ot insurance req~ired by the Nortsa6ee shall be the mimmum amounts tor wh~ch sa~d insunnce shall b~ rntten = and rt shall be mcumbent upon the Mort~a6ot to maintain such addiUOnal insutance as may be necessary to meet and aomply fully w~th all co-msutance tequitements contamed ~n said pol~cies to the end ~hat the said Mortga6a ~s not a co-~nsuror thereunder.Insuran~e shall be wntten by a coe~pany ot caopaa~es approved ot des~snaled by the Mortaa~ee and all pol~c~es and rcnewal, thereo: .hall be held by the Matsasee. All detailed desianatians by the Mort~aaor wh~ch are accepted by the Mortsa6ee and all aareements between Sloetgagor and Mort~a~ee relat~n6 to insurance, no~v eaistin6 or heteafter made, shalS be in writ~n` and shall be a part ot tA~s mertgagc a6recmcnt _ as (ully as thou`h set (orth verbatim herem and sAall `overn both parties hereto and the~r successors and ass~gn~. No I~en upon any nf y; said policies o( msuraace or upon any re(und or return prem~um which may be pay~ble on the cancellauon or tcrm~naUon thereof, .hail be ~~ven to otAer than the Mortp~ee, eacept by proper endorsement a(t~xed to such pohcy and approved by Mortgaget. Each poluy ~~i ~ insurance shall have aff~xed tAerNO a Sundard New York Nor~saste Clsuse W~thout Contnbuuon, makins all losa or lossc. under ~u~h policy paysble io the Morl~a~ee as its ~nterest may appear. In the event any sum or sums o( money become payable ~hercundcr iF.c ~t~~r!- ga~ee shall have the opuoe ~o rece~ve and apply the same on account of the ~ndebtedness hereDy ,ecured, or co perm~i ~hc tlnr.~,,e~~~ ~ to recerve and use u, or any part thereo(, r•ithout thereby ~•aivms or ~mpa~nn~ any equrty, hen, or nsht undcr and Ay •.uwc nt :h~~ mortp~e. (n event of loss or phys~cal dama6e to the mott6aEed property the \tott6a6or shall sive ~mmed~ate nou~c thcrr~~f ~y -a+! c•• ~be Mwl~a~ee and ~hc !Nortsa~ee may make proof of lo~s i( thr came ~ti not made promptly b~ tht \lortgagor. In c~rn~ nt t~.rc.i~~~urc ~~t ; ~ ` =:Y= ~ R ~pp ~A~E2954 aooK ~ , ~ ~ ~~1" 4 K` ~t- 3 ~ i "~,,y ~ ~ ~ ~ ~ ~ yr~a^{ ~ ~F"k ~ .r ~ic~ 2~ ~r K 3.L ~ ' ~ ~S~#_'~?+~..,~3,~'~s+~ _<<.~ ~~'h, ' r :~'?~~">`'..^`~n_.„~`'