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HomeMy WebLinkAbout3976 ~N~~ujj 'd!"~ ^.~~r~ s i~a~~c~ PROVIDEI~, ALWAYS, that if the \lortgago~ shall pay unto the \tortgage~ the indebtedness ev~denced by a certain promissory notr ~f which the folln~ing in w•urds and f~gur~s ~s a tru~ copy to-w~t: ~~~a~~t~ je ~,~ste s S;n7~,nn Fort Pierce, Flo~da December 16, ~q_ 72 , ~ FOR VALUE RECBIYED WE Jointl and Severall ~om?u c~ wr ` i to the order ot BARNEY PITKIN AND ELS E PITKIN HIS WIFE. _ ~ + the principa! sum of Fi vs~ Thn~1St1 Sf'V~'Il~i_.f1,V.P~.?IlCl._YlA~ 1QO---- DO1.L4RS, togethe~ with interrsl ~ ~hercon from date at the ate ot ten pereent, pee a~num until matutity, both principal ~nd intercst being payable in law[ul moncy uf ' ,the U~ited States at 224t Biscayne Btvd., [?ti~mi, Florida, ot at such other place as the holders hereot may designate in writi~g. + Principal and i~tereit payaWe i~ in~tallmenb a~ Idlows: ~ . One Hundred Ten ($110.00) Dollars per month, beginning on the lSth day of February, 1973, and continuing on the 15th day of each and every month thereafter until paid in full. This note may ~e prepaid in wi~ole or in put a[ter one yesr from the date hereof upon payment of a penalty equivalent ~o five percent of !he principa! sum prepaid. Each io~tallment payrritnt shal) be credited Crst on the intereet due, and the remainder on principal; tnd intrre~t ~hall thrne- upon cease upun the pnncipa~ w credited. ~ ~ Thc makers and ~ndorsers of thu note further a~ee to waive derr~aed, notice of ~on•payment and pwtest, and in thr erent suit ,l+all b~ brought for the collection henof. or the aame has to be collected upon demand ot a~ attorney~ to pay reasonable attorney's , ; (rr. for making such collection. Defened paymenta hercunder ~hdl beu inteeeat at the rate o[ ten percent per annum irom matucity unti) ~aid. 7'6ia note ia ~ecured by a mottpge of even date he~ewilh and ia to be corutrued ~nd cnforced accord~ng to the laws of the ~tatr of Florida; upon default in the p~yment of principd andlo~ inte~est when due, the whole eum of principal and intecest Mm~ining unpaid ahdl, at the option of the holden, becotne immcdiattl due u~d payaWe. - - , ~ f ~ cs~?~~. S ` _ . • ' -t ~ ' ; . . c (SEAL) ? ar~d shall perform, comply with and abide by each and e~~er}~ the stipulations, agteements, conditions and cove- nants of said promissor~~ note and o( this deed, then this deed and the estate thereby created shall cease and be null and void. 1. The Alortgagor hereby covenants and agrees: (al To pay all and s~ngular thc pr~nc~pa! and intercst and other sums of money payable by virtue of sa~d prom~ssor~ note an3 th~s decd, or either, promptly o~ the days respecti~ely the same severalty becomes due. (bl To perm?t, caumit or suf4e no wiste aad to mamtam the ~mprovrments at all umes in a state of good tepa~r and cond~uon, and to do or permit to be done to sa~d premises nothine that w•~11 al[er or chanse the use and character o( said properq• or in anp way ~mpair or r•eaken [he securrty o[ this mortsaae. And in case of the re(usal, nealect or inability of the Mortgagor to repair and main:am sa~d proper- ty, the Mortpsce may, at his opt~on, make sucA repairs or cause tho same to be made, and advance moneys in that behalf. , (cl To pay all and sinjular the taxes, assessments, le~~es, lubilities, and obliqtions of every nature on sa~d described property each and every afie~ due and payable accordm6 to laM, before they become delinquent, and to delivec to the ~lortgagee oe or beiore ~farch ISth of each year caa receipts ev~dencin6 the paymcnt of alI tar~fully ~mposed taz-s (or ihe precedins calendu year, to ~ndemnify the Atat~aeee upon his demand for all uxes, asses~ment~ and cAarses that may be assessed upon th~s mort6age on the indebtcdness s•- cured hereby, and paid by the mortgaaee, w•ithout regard to any law Aeretofore enacted or hereafter to be enacted ~mposmg naymene o: [he Mhoie or any ~art thcreot upon the ~fortgagee. (di To pay all and s~n6ular the costs, charges and expenses, includina l~wytrs' fees and abstract costs reasonably ~ncurred m paid at any time by the A1ort6aEee because of the (a~lute on th~ pari of the ~lortgagor to perform, comply w~~th and abide by each and every the j shpulat~ons, asreements, condihons and covcnaets of sa~d promissoty note and th~s deed, a erther, and ever5' such'payment shall bear mterest trom date at tAt rate of ton UO°c) per crntum per annum. i (e) Ii is turthet covenanted snd s;reed by said pa~t~es that m the event of a suit bemg mshtuted to foreclose th~s mortgage, the ~tort. 6~6ee sha11 be entiUod to apply at any time pending such forcclosure suit to the court havmg jurisdichon thereof tor the appomtment of a receiver of al~ and sinsular the mat6asod property, and o( alt rents, mcomes, protits, issues and rerenuec [hereof, from whatsoever ' source der~ved: and thereu?on ~t ~s hereby eapressly covenanted and a6reed that the Court shall forth~ith appoin[ such rccc~~er w~ih S the uswl power~ and duties of rccei~ers in like cases: and sa~d apporotment sh~ll be made by the court as a matter of strict nght co tAe S1ort`a6ee. and w-~thout reference to the adeqwcy or inadeqwcy ot the value of tht property hereby mort6aged, or to the .olven~y , or insolvency ot the Alortgasors or any other party defendant to such suit. The ~lottga6or hereby spec~[~cally wai~•es the right to ob~ect to the appo~ntmen~ of a rece~ver as afaesa~d and hereby caprexsly consents that such appomtment shall be made as an adm~tted cyu~t~ ~ and as a matur of absolutt riaht to the Nottgaace and that the same may be done M~~thout notice to the ~lortgagor. ' (f) If foreclosure proceedinas should be insUtuted against the property co~~ered by this mortga6e upon an~~ other 1~en or cla~m uhether ~ alle~ed ro be super~or a ~unior to the lien of this moc~gsge, the .tlort6asee may at his opt~on ~mmediately upon ~n,t~tuuon ~f .uch su~~ ot dunns IAe pendency thercof declare th~s r.mortsage and the indebtedness secured hereby duc and payablc f~:rthw~sh anJ may at ~!ti option proceed to toreclose th~s morttaee. (sl That the Mortaaaor w~ll keep all real and personal property now a heres(ter encumbcred by the I~en of :his mortgagc in.ured a~ :r:ey be reQuired (rom time to time by the ~{on6asee a~amst Ioss by f~re, M~nd~torm and other hazards, casualt~es and cont~ngennes fur ,uch ~ per~ods and (or not less than such amounts as may be requited by the Slorlgagee and to pay promptly when due all prem~ums foc such insurance. The amounts ot msurance reqwred by the ~tortgagee sha11 be the mm~mum amounts for wh~ch said insurance ~hall o~ xnt[rn and rt shs11 be mcumbent upon the Morisa6or to mamUm such add~t~onal ~nsunnce as may be nece~sar} to meet and cumply futly w:rh a31 co-~nsurance requ~rements conUmed ~n said policie~ to the end that the sa~d ~tor.gagor ~s not a co-rotiuror thereunder.Insuran~c ` shall be w~uten by a comp~ny or companies approved w designated by the Morigagee and all pol~c~es and rcneWal. iherco! .hall be heiJ by the ~lortpsee. All det~iled desi6nat~on~ 6y the ~1ort~agor ~hich are accepted by tht Nortsa6ec and aN agteement~ betwern ~lortgagor and Mortaagee relatina to msurance, now ta~suns or herea(ter made, sha11 be in rritmg and shall bt a part of th~s mortgagc agrecment as fu11y as thouah set forth verbat~m here~n and shall govern both parUes hereto and the~r successors and assign,. Ho iren upon eny ~~f ssid polic~es of ~nsurance or upon any rcfund or rcturrt prem~um wt~~ch may be payable on the cancellat~on or ;erm~natwn there~~, .ha!; be ~~ven to other rhan the Mortga6ee, eacept by proper endor~ement afhaed to such policy anC •pproved by \tortgsgce. Fa~h pot~~; ~nsurance sha11 ha~e atf~xed thereto a Standard NeN York NortP6ee Clause r~~tbout Contr~buuon, mak~ng a(1 lo,c or tor~c. undrr w.~ ' policy payable to the ~tort~asee •s its +nte~est may apptar. !n the evedt ~ny sum or sums of money ~ecome payable tRercundcr ;FC \t ~r•- ! sa~ee shall ha~e the opt~on to rece~ve and apply the s~me on account o( the indebtedness hereby .ecured, or t~. perr.;~*. t~r \1.,r:t,,~,.. lo rect~re and use ~t, o? any part thereut, wnhout thereb~ ~aivm6 ex ~mpa~nn~ any eQu~ty, I~en, or n6he undrr an~ . ortuc n• E mortja~e_ In event of loss or phys~cal dsmage to the mort~taged p[operty the \lortgagor shall R~ve immed~atc nou~c thcrr"f o~ --,,,I • the \t}rt~a~ee ~nd the ~tortEa(tet may make pro.,t of 1<~.. if thr ~ame i. not made pr~mptly bc th- \tyrt~g • rnt ~~t t,•rc~?~ ~.rc b00K ~V 9 PACE ~ 9 ~0 , r ~ ~ _ ~ -~,~-.r ~G~ n~. = - -