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This i~~t~ume~~t was p~epared by: ~ ~
SHAPIHO, FRIED, WEIL & SCHcEZ
a07 Lin~oln Road
sdiami Beach. ~:~ri~a 33139 ~ ~ ~ ~ ~ ~ ~ ~ 239i9~L
gy; Samuel [V. Fried
TH[S MORTCACE 1tiDEI~iTURE, executed by the :~tortgagor named in p+ragraph r5 below, whirh teRn a~ usrd
in every instance shail include the rlortgagor s heirs, - exec«tors, administrators, successors, legat representatives ~ and
assigns, either voluntary by aM of the part~es or involuntary by.operation of law and shall denote the singula~ and/Q:
pl~?ral, and the masculine and/or feminine and natural and/nr artiFciai penons, ~vhenever and wherever tfie context so .
r~quires or admils, parties of the first D~. to EDWARD a. OSHER, Trustee
hereinatter called the
~tortgagee, which term as used in every instance shall include the Mortgagee
s successon. le~al representatives and
assigns. party of tfie second part.
~~'ITKESSETH, th~t for divers gaxl und .•aluablr a~n~iderations, and to secure thr payment of the ap,~,?regate sum
of money named in the pmmissory note of even date herewith, liereinafter mentioncKl, tagether with interest thereon and
all other sums of maney secured hereby as hereinaEter pmvidecl, the Morigagor dces grant, bargain, sell, alien, remiSe,
releasr, convey and rnnRrm unto the Mortgagee, in fee simpte, that c~ertai~ real estate, of w•hich the htortgagor is now
seized and possrssed, anJ in Hch~al possrssion, situate as drscribed in paragra~h 26 below.
'I'OGE'THER with all furniture, f~~mishings and fixtu~rs and any replacements thereof which are now or may here-
after be located and situate on the property described in parAgraph 26 below, and all structures and improvements now
and hereafter on said land and the 6xtures attached thereto, also together with all and singular the tenements, heredita-
ments. easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues. and pro6ts
thereof, and also all the estate, riRht, title, interest and all c!aims and demands whatsoever, as well in law as in equity, of
said 111ortgagor in and to the same, and every part and parc~el thereof, and also all gas and electric 6xh~res, radiators, heat-
ers, air conditioning eqoipment, machinery, boilen, ranges, elevaton and moton, bath tubs, ~inks, water closets, wate~
basins, pipes, faucets, and other plumbing and heating 6xturrs, mantels, refrigerating plants and ice boxes, window screens,
screen doors, venetian blinds, storm shutten and awnings, ~•liirh are now or may hereafter pertain to or be ~~sed with, in
or on said premises, even though they be detached or detachable, are and shall be deemecl to be 6xturrs and arcessions to
tl~e freehold and a part of the realty.
TO HA~'E A`D 'f0 HOLD the property described herein unto the Mortgagee. its sucrrssors and assigns forever.
The ~tortgagor hereby covenants .vith the ?~iortgagee that tie I~iorigagor is indefeasibly seized with the absolute
and fee simple title to said property, and l~as full power and lawful authority to sell, convey. transfer and mortgage the
sarne; that it sfiall be lawful at any timP hereafter for the Mortgagee to peareably and quietly enter upon, have, hold, and
enjoy said property, and e~ery part thereof; that said property is free and discharged from all liens, encumbrances, and
claicnc of any kind, including taxes and assessments; and that the htortgagor herehy fully N•arrants unto the l~tortgagee the
title to said property and will defend the same against the lawful claims and demands of all penons whomsoever.
l`'0~~, THEREFOAE, the condition of this martgage is such that if the I~iortgagor shall ~•ell and tnily pay unto
the rtortgagee, the indebtedness evidenced by that certain promissory note of even date herewith, made by the :~lortgaRor
i and payable to the hiortgagee, in the principal sum set forth in paragraph 24 below, together with interest as therein
' stated, and shall perform, comply with and abide by each and every the stipulations, agreements, conditions and cc~ven-
~ ants eontained and set forth in this mortgage and in the promissory note secured hereby, then this morigage and tfie
~ estate hereby created shali cease and be null and void.
A1~ D the ~torigagor does hereby covenant' and agree:
~ 1. To perform, comply with and abide by each and every the ctipulatiom, xy~reemrnt., conditions and covenanta cont~in~d and •et
forth in ~aid promi.cory note and thic mort~a~e deed.
2. To permit, commit or sufFer no ~vx.te and to maintain lhe impmvemrntc xt all timrs in a state eF ~~ci repair and conJition; and to
do or pertnit to be done to caid prcmi.~es nothin~ that w•ill alter or chan~e the u:e a~d rharacter of said property ur in any Kay imnair or
weaken the cecurity of this mort~at~e. In e-a.e of wa.te ot the refu.al, ne~:lect or inability of the A1ortRa~or !o repair and m.~intain ..~~a ~m~-
erty, the 11tort~a~ee may, at its option, make .uch rrpairc or cau,e thr ~ame to tx maele, anJ advance mone~~ in that behalf, anil all +nrh
monire shall be .erured by this mo ~e and ~~11 he immediatdy d~e and payable to the MortRaRee.
o~~ic~ations ~nde~r ~~e ~o~~c~a~e su~er~ior h~~et~ pnd allh ,
3. To pay all and sin~ular t tax , ac~r.~rtknts, ene~. ~abi ities, anc o li~ w. e~f rve na urr on sa? escn mrxrty ear ~ncl
rvrry ~.hrn due and payaF?Ir arcordin~ to law, Fxfom thep becrme deli~quent, and to deliver to the R1ort~a~ee on or beforc March ISth of
r~rh year tax rrceipts rviJenrin~ the paymrnt nf all law•fully impMerl taae. for the precedinA calendar year, to indemnify the ~iort4a¢ee
upon it~ drm~nd for all taxes, accr.~ments and char~;e. Mat may 1ie a.se~srtl upon thi~ mort~a~e or the indebteclne.. ~en~reel hcrehy, and paid
hy the Mortga~ee, without re~ard to any law heretofore enacted or hereafter to be enacted imposinR paymmt ot thr wlx~le or any part th~•re~
upnn the I?1oR~a~ce.
4. If a c»nveyaner should he made by the 1?1nrt~:~Ror ~f the pmmisec herein described, or any part herrc?f, and the ~ranter namnl in
.uih crnveyance fails or rcfu.cK to a~come tFn n:~ymrnt nf the obli~:ition evidrnced hy ~aid promiswry nute and srtvrnl hy thi. rm~rtc.~s;e,
and in accordanrr with their rr>prc-tivc tcrm~, thcn ancl in that event, at the c?ption and upon the demand nE th~ ~inrt~;a~ee all .~~m. ~~f monev
.ecurecl hercby shall imrnrJiatrly becrrme forthw•ith due and payah)r.
5 ln thr event uf a~uit ~xiny~ imfitutal to Inrrclo.r thi. miirtK:4:e, thr 111orty~ay;ee shall be entitletl to apply at any tim~• ~x•ndine •~nh
forrrlncurc s:~it to the rourt havin~ juri.dictwm thrrrnf for the ap~intmeot of a reeeiver of all and ~in~ular the mod~a~rJ prn~rty. :~nd nf ~II
~ renh, inrnme., pro6tc, i+.ue. and revenurs tF?rrenf, fmm what.orvrr .nnrce deriveci: and Ihereupon it ic hrrcby ezprr~.ly cocrn:mt~Yl and
aKrc~ed that thr court +hall foAhwilh ap~x?int wch rrreiver witfi thr u~u:J pnwers and duties of receiver~ in like ca~n: and .aid :~p{+nintment
.fi~ll he maJe by thr rnurt ac a matter of .trict riy;ht tn thi• ~1nrt~a~ee, and ~+•itFx~ut rderence to the adei~uacy ~~r inadequ.~cy of t6~• v.~lui• :~f
~ Ihe pm~erty horeby mnrty~aC~d. or to the ~olvency or inwhrnry of the 1~1ortKa~on or any othr~ paRy drf~nclaot lo ~t~ch .ui~. Th~• ~t~.rt?;.~s;or
~ hi•n•hy .~•ci6c.dly w:~ivc~ thi• ri~ht to objert to the apjx~intmcnt of :i f~YY1Vf~ :K ~forecaicl :inJ hr•eby rxpn~.ly i,~ment. th;~~ .nih .~p~w~int_
rrxnt ,hall be made ac a~ admitte~l equity and ac a matter of ab.otute ri~ht to the ~torty;a~er a~d thac the ~.~m~ ma~• M~ d~ni• a•ith~w~t nuticr
t~ the !?inrtsta~ar.
~ A. If For~cMcurr pnn~teelin~s ~herdd hr instituhYl at;:~in.t the pm~erty c~+vrrc~el by thi~ marty;a~r u~n uny other lirn or ~I.~im ~.he•~hrr
~ dle~r~l to he ~apetior nr juni~r to thr lie•n af thic mort~ay~r, the 1?torteay~ee may at it~ optit?n immecli~tely n~n in~titutenn ~~f .uch .uit ot
durin~ the ~xndency thrrmf Jeclarc thic mnrtKa~e and thr indebtedne~s .er~~trd hereby due and payabl~ fnrth.?ith and may :d it~ uption
prncc~c~c1 tn fnrerlo~r thi~ moR¢acr.
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7. To p:~y all ancl ~inf~nlar thr co.tc, rhar~~~ :niJ ca~x•~~es, inclnJin~ rttomcy ~ fa.YS ancl hb~~f:1CI CfB~~, fC.INlllahly i~~cntrc~l ur I~:~id at
:~ny tim~• hy th~• AIOf~~;Jf(M }X'C.711~C OF (FIC (wilurr of th•• ~1oRKay;nr M{~rrfnrm. comply with. and abidc by ~•tch :md i~~•ry thc .tipul.~ti„ns.
.~~rr-rmrnh, rnn~Gtinn., and c-ovcn•rnh nf .~id pmmi..~,rv rn,tc :md of thic mort~:~~;r, or citlur.
PACE ONE
BOGK~~V PAGf~ 1 V~
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