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HomeMy WebLinkAbout2979 F PROVIDED, ALWAYS, that if the Mortgagor shall pay unto the 4lortgagee the indebtedness evidenced by a certain promissory note of which the following in words and figures is a true copy to•wit: ~ - s S, 850 . 00 Fort Pierce , F~orida February 7, ~~_74 , FI)R VA l1Efl fL~!VE d promiie tu pay to the o~d~r of . P~IILI~E S~ER~ _ _ : the P~~nc~pal sum of FIVE ~~~5`A~~~Z an ri0 (,!?R$, ~ogethe~ with intetr~l i lhe~lon irom date at the r~te of ten pereeot, pe~ ~nnum until maturity, both principd and interest beinR payable in law(ul moner ut the ~ln~ted State~ at 224t Biscayne Blvd., Miami, florida, or at wch other pl~ee as the holden hereof may design~te in writin~. ~ Principal and int~nst payable in in~Wlments u follows: ' ; ONE HUNDRED THIRTY ($130.00) DOLLARS per month beginning on the 15th day of April, 1974, and continuing on the 15th ~ay of each and every monCh thereafter until paid in full. ' a Th~s note may be ptepa~d ~n whole o~ ~a part a[ter one yeat from the date hereof upon payment o( a penalty equrvalent to (~ve petcent of ihe pnncipal sum prepa~d. • 4 E:~ch in~lallm~nt paymenl ~hall be ~red~ted tiret on the intercst due, and the nmainder on principal; and intrrr~t •hall thrre- u~on ~~aK upun th~ pnncipal w~t~dited. Th~ mak~n and ~ndorsees of this note turth~r agree to waive demand, notice o( non•payment and pmtest, and io thr erenl wit ~I~~1 br brouRht (or 1hc collection heteo(. or the same haa to be colleeted upon demand ot an attorney. to pay rea~onablc attomey's frE. (or makinR such coll~ction. D~(~rred paymentc hcreund~r sh~ll bear inte~est at the rate o( ten pereent per annum trom matu~ty until paid. l~hi. not~ ia ~ecured by a mortpRe oi even date herewith ~nd ia to be construed and en[orced acc ~ng to the laws of the ~tat~ o( Flnrida; upnn dr(~ult in the Parment of principa) andlo~ in t-~hen due, the ole wm n~ intead Rmaining unpsid ahall, at the option o( the holden, become immedi y due al~d ~ e• ~ , ! (S~AL~ ~ ~ . ~ % . ~ / ~ ~ ' ~ ~ ' ~g~~ ; ; and shal! pertorm, comp y with and abide by each and every the stipulations, agreements, conditions and covenants ; of said promissory note and of this deed, then this deed and the estate thereby created shall cease and be nuU and void. ~ . ~ f 1_ The Mortgagor hereby covenants and agrees: ~ Isl To pap aU and singutar the principal and interest and oiher sums of money payaWe bp ~•irtue of said proctisson• ru~te and this deed. or either. ; prompily on the days respectiveh~ the same severally beoomes due. E E j i b~ To permit, comrrut or suffer no w aste end !o maintain the impro~~ements at all times in a state ot goud repair and condition, and to do or pernut to be j done to said precn~ses no;lung that xill al[er or change the use and character of said propem• or in any way impa~r or N~aken the security of this ~ mortgage. And in ca~ of the refusal. neglect or innbilit} oi the 1lortgagor to repeir and maintr.in said pruperty . the \lortgage~ ma~~. at his option, make } such repeirs orcause the same to be made, and adr ancr mor.eys in that behslt. ~ ~ ; Ic1 To pay ell end singular the taxes, asscssments, le~zes. liabiGties, and obfigations otecerv nature on said described pru~erte each and e~•en• w~hen due ~ and pey ble according to law. before they become delinquent, end to ddiver to the '.Norcgagee on or before ]larch 15th of each year tau receipts z e~idesKf~g the pa~~ment of ell lewfulh• imposed ta:es for the preceding calendar y~r: to idemnify the blortgagee upon his demand for all tazes, assess ments and charges that may be assesxd upon this mortgage on the indebtedness secured h~eby, and pnid the morgu~, w~chout regard to an~ law ~ heretotore enacted or h~eaher to be enacted imposing payment of the whole or anp part thereot upon the ~fortgegee. ~ 1d1 To pey all and singular the custs, charKes and ezpen.ses, including.lawyers' fees and abstract costs reasonably incvrred or paid at any time by the ~ ~lortgagee because of ehe failure un the part of the :1lortgagor to perform, oomply with arsd abide by esch and e~~er~• the stipulatioas, agre~nenGs, conditions and covenants of said pmmissor~ note and this deed. or either, and ^~ery• such payment shall bear interest from ciate at thr rate of ten 11(Y°i ! ~ per centtun per annum. . ~ lel It is further co~~emnted end agrc4d b~~ said parties that in the ea•ent ot a suit being instituted to forecbse this mortgage, the Mortgagee shall be ~ e~titled to apply at an}• time pending such forrclosure suit to the oourt having jurisdictiop thereof for the appointment of a receiver of all and singular the ~ mortgaged property, and of all rents, inrnmes, profits, issues and re~•enues thereof. from whetsoe~•v ~ource derived: and thereupon it is hereby ezpreasly covenanted and agreed that the Court shall forthwith appoint such recricer w~th the usual pow•ers end duties ot recei~~ers in like cases: and said appoint- ~ ment ahaU be made by the court as a matter o.* strict rigAt to the ~tortgagee, and without refererce to the adequacy or inadequacy oE the ~-alue of the pro- peny hereby mortgaged. or to the soh•ency or insoh•enc}• of the !~tortgagors or any other party defendant to such suit. The ~lortgagor hereby specif- t: ically waives the right to object t~ ihe appuintmex~t of a recei~'er as atoreseid and hereby ezpressly mnsents that such appointment shell be made as an ~ admitted eyuity ana a~ a metter of abwlute right to the 1lortgagee and that the same emy be done wilhout ncxicE tu the Stortgagor. ~ - ~ ifr If foreclowre proceedings sh~xtld be ins~icuccd aga~nst the property co~•ered 6y th~ mortgege upon eny cther iien or claim w•hether alleged W be - superior or juni~r tc the lien of this mortF;age, the ~tortgagee may at his option invnedietely upua institutiun of such wit or during the pendency thereof declare this mwtgage and the ir.debtedness secured herrby due and papable forthwith and may et its option proceed to foreclose this mortgaae. ~ g1 That the ~tortgagor a ill kaep all real and persunal propertc now or hereafter encumbered bp the Geo of this mortgage msured as may be reqtured from r:~ time to t~me by the NortRagee againsc loa5 by fire, ccindstorm and other hezards. casualues and contingennes for such periods and (or ~ot less than such amounts as mey be required by the ~fortgagee and to pay promptlv when due all premiums for such insurance. The amounts of insurance required by the ~torqagee shall be the minimum amounts for v.hich said insurance shall be written and it shall be incurmbent upon the \tongagor to maintsin suclt additional ~murence a~ may be noces.gary to R~eet and co[~ly fully ~vith all co-iasurance requiresnente contained in said policies to the end thst the s~id ~tortgagor is not a co•insuror thereunder. lasurarxe shaU be w-ritten by a compem- or rnmpanies appro~rd or designeted by the Mortgagee and all pdi• cies and renewals thereof shall be held b~~ the ~tortgagee. All detailed de~ignations by the itortgagor ~vhich are acceptcd by the ~tortgaqee and all egree~ - ments between ~lortgagor and ~i~~rt~agce relating to insuran[e. now~ e7cisiing O[ he~eaher made, S~Id~I bE I71 RT1L1.'Ig BIId 9~181I bC 9~1B~L OI [~11~ (DOfL~~C _ agreement as full?• as though set (orth cerbatim herein and shall gucem both parties hereto and their successors ar.d asqigns. tio lien upon any of ssid - poGcic~ ot insurance or uprxi any rrfund or retum premium which mey be p~pable on t!?e tancellation or termina[ion thereof, ~hel! be given to other than the ~tortgagee, e:cept by pr~~per er.dorsement a(fiz?d to such poGcy and approved by ~turtgngee. Each poiicy of insurance shall have affized thveto a Standerd tiew York ~fongagee Clause without Contribution, maicing all loss or foeses under such policy payable to the ~tortgegee as ita i~erest may a~ - pear. In the e~~ent anr• sum or .ums of money become pa~•able thereunder the ~tortgagee shall Mve the opcion to receive and ~pply the same on aceount . of the indeGte~clness hereby 9ecured, or tn permit t tw ~torigagor to recei~~e and use it, or eny pert thereof, without thereby vvaiving or imp~iring any equi- ~;s ti, lien, or right under aod b~- ~irtur nf this mortgege. In e~~ent of loss or physital datnage to the mortg~ged prope[ty the biortgagar shall give iminedi~te S~.`- F ~ 22~ ~AUE ~~'1~