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HomeMy WebLinkAbout2112 . . ~ ~ PROVIDEQ. ALWAYS, that if the Mortgagor ahaU pay unto the Mortgagee the i~debtedness evidenced by e ~ certain promissory note _ of which the follawing in words and figures is a true copy to•wit: , ..~e ~e ~ , ~ : S.225 .OG Fo~•-rce, Fto~~, ~iarch 21,_ _ 74 ~ ~ F(1R VALUF RECEIVFD__.~___. H1E.L ointl~and severallv, p~om~ee tu p:y eh~ o~d« _ MILTON KLEIN and RARBARA KI.EIN h' the principd wm oI FIVE THOUSKND ~'i~JO-Al1PDRED -TW~NT~~~~ ~~p~Q,i,.41~~: toge~her with intcrr.l I thetton ftom date at thc r~te o( len pcrcent, per annum u~tii maturity, both principal and intere~t b~inR p~yable in law[ul monr~ ui ' the United ~tate~ ~t 22~ Biacayne Bivd., Aliami. Florida, ot at such other place as t!u hulders hereo( r.?ay de~~Eoatc in wnting. Principal ~nd ~ntere~t pay~ble ie imWlmen~+ u followe: EIGHTY-FIVE ($85.00) DOLLARS per month, for sixty (60) consecutive months, on the lS~h day of each and every month, beginning on the 15th day of May, 1974, and continuing until the lSth day of May, 1979, at which time the balance shall become due and payable. ~ Th~s note may be prepa~d ~n w•hole or in pact aitet one yeat ftom the date hertof upon payment o: a penalty equ~vaicnt to (~ve perceot of :he pr~nc~pal sum p~epa~d. f..rh in~tallm~nt payment ehall be rr~dited fitst on the inteast due, and thc r~mainder on princ~pat; and inlrrr~t ~hal1 thr~r- upon ~eue upun th~ pnncipal so credited. ' Th~ makers and ~ndoreen of th~6 not~ (urth~r a~ee to wa~ve derreand, out~c~ of num`~ayment and prutcst, and ~n thr Pvrnt ~uit .lull be brouRht for the cullectian he~eut, or the ume has to be coiiected upon demand of an attomey. to pay reawnaLlc attorn~~ (cr. [or msking such collection. Defened paymt~ts hereunder ehall b~ar inte~~st ~t tfie nte of ten percent per annum from maturiiy until paid. ~ lhi. note is ~ecured by a mort~ge ot rven date hecewith and is to be conatrucd and er,forccd acco:ding to the taw~ of th~ ~tst~ ot Flcxida; upon default in the ~ymeot o[ principa! andlo~ inlereet when duc, the whole sum of ~nnciptl and intrrcat rrma~ning unpaid sha11, at ths option o~the holders, become immedi~iely due and payable. ~ ` i _ --~•l : ~~~L- ~ ~ {~E:iL) 1 ~l ~ - ~ `/7~ ~ '~-~r.~L ~ ~ ! ~ ' - (~~:AL) ~ ~ . vwrs-r~ee~sr and shaU perform, comply 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 null and void. 1. The Mortgagor hereby covenants and agrees: Iel To psy all aad singular the principsl and interest aad other sums of money p~yaWe by virtue of said pcomissory note and this deed, or eittcer. pompdy on the days respecti~~ely the same aer•erally beoomes due. ~ Ib1 To permit, comaiit or suffv no waste and W rtsaintain the improvements at aU time~ in ~ state of good repair and condition, snd to do or permit to be I done to said premises nothing that ~vill alter or clunge the use and char~cter of said property or in any wsy impair or weak~ the xcurity of this mortgaga Aad in case of the refusal, neg{ecc or inability of the Mortgagor to repair ~nd muntain s~id property, che ~lortgagee may, at his option, make such repairo or uu~e the seme to be made, and advance mopeys in th~t behalf. Ic I To pny all and singulu the u:es, assessments, kvies, liadilitip, and obligatiom ot every nature on s~id dexribed property each aad every w~hen due and psyabte sccording w law, befom they become delinquent, aad to ddi~~er to the Mortgagee on o~ betore btarch 15th of each year ta: receipts evideneing che payment of aU I~wfulh• impo~ed ta=es for the preceding akodv yeer: to idemnify the AloRgagee upc~n his demand for all tues. asaess mente and c}wges tlut may be asses~ed upo~ thie mongage on the indebtedne,s~ eecured 6ereby. and paid by tl~e morgsgee. without regud w any Lw herewfore enscted or 1?ae~ker to be enacted imposit~g payment o( the w+6ole or any part the~eof ~on the Atortgagee. Idl To psy all and singuLr the costs. cherges and ezpea~a. including lawyera' feee ~nd abs[r~ct oosts reaaonably iocurred or paid at aoy time by t6e ~tortgagee becauae of the failure on the pert of tbe Alortgagor co perform. oomply with aed abide by each snd e~~ery the stipulstioa~. agreaments. oonditiona and rnvenancs of asid promiswry• note and this deed, or eitder, and every auch payment shdl bear interest from date at the rste of teo I 10°61 per centum per annuca le? It is further oovemnted and sqreed by said parties thet in the e~•ent of a suit being instituted w forecloae thu mortgage, the Htortgagee shall be entitled W apply at any time pending suc6 torecl~ure suit to the court hs~~ng juri~didwn thereot for tlie appointment of e receiver of all and singular the ++~8~8'~ ProP~Y. and of aU rents. incromes. Profits. issues and re~•eaues tliereot. (rom whetsoever eouroe derived: and tl~ereupon it is Aereby e:preasly covenanted and agreed that the Coert shaU forthwith appoint auch reaei~•er with the usual povras aad dutie.s of reoeivera ia like cases: and said appoint- axnt ahall be nude by tl?e court as s matter of striet right to t6e Matgagee. and wichont referen~e w the adequ~ey or in~deqwcy of the value o! t6e pro- P~Y ~Y ~SeB~ or to the solvency or iaaolvency of the Mortgagoro or any other party defendant to such suit. T6e :1lortgagor he~eby apeeif- iuUy ..sives the right w objed to the appointma~t of a reodve~ as aforeasid and 6ereby e:p~eaaly ooosenta that such ~ppointment s6sU bs m~d~ as an admitted equity and as a matter of ab~olute right te the Mortgagee snd thst the asme m~y be doce witbout ootice to the Mortgagor. ~ t1 I( forecbsure proce~dings shouid be instiweed against the property eove~ed by thii mortgage upon sny other lien or claim whether alleged w be euperior ar junior to the lien d ihis mortgage. the blortgagee may at his optan inunediately upon imtitution of surl~ suit or during the pendmcy ttrreof declare this mortgage and the indebcedn~.+ secvred hezeby due and payaWe torthwrith and may at ita optioo proceed to foreclose this mortgage. 1 g1 That the Mortgagor ~cill keep all real and personal property now or 6creafter encvmbered by the fien of this mortgage insured as msy be required fsum time to time by the Ma~tgagee against loss by fire, windstorm and otMr lazards, cesualtiee and cootingexies fa such periods and tor not less than wch amounts as may be required by the htortgagee and to p~y promptly w6en due all premiums for such insunnce. 71~e amwnts of in~wanoe requind by the Morgagee shaU be the minimum amounts (or which said insuraoce shall be written and it shall be incumbent upon the Afortgagor to maintsin such additarul i~uurarce d+ maq be necessary to rtieet and comply inlly wi~h all coin~urance requirsa~ts contained in said poiicie~ to the end th~t tl~e ~id Mortgagor is not a co-insuror thereunder. Insursnce shall be wrium by a company or oompanies ~pproved or de~ignated by the Mortg~gee and all poli- cies and renewaLs thaeot shall be hejd by the Mortgagee. Atl detaikd deaigoatioa~ by the Mortgagor which are accepted by the Mortgagee and dl a~e~ ma~t~ between Mortgagor a~ Mortgagee rdating to insurance. now e~isting or 6ae~tter made, shall be in writing and e6sU be ~ pert of thi.+ mortgage agreement as tully as thoug6 set forth eerbatim herein and shail gcrvem both p~rties herew end t~eir suocp~ors and aasigne. ^10 li~ upon u?y o( s~id pd.icies ot insurence or upan any refund or reWro premium which msy be p~yabk on tbe cancdl~tioa or t~tmination thereof, shall be given to otlkr than the ltortgagee, e:rnpt by proper endorsemeM affi:ed to such poGcy and ~pproved by Mortgagea Each policy of in~ur~noe shall h~ve ~ffiud thereto a Stend~rd Niew York Mort~egee Clause wittaut Contribution. making ~I? loes w losxs undei such policy paYabfe to the Mortgagee ~a its inReesc may ~P pev. In the e~rent any sum or ~ums of money become paysble tbereunder the Mortg~gee shall t?~ve t6e option to receive and apQly the a~me oo ~coauit of tM indebtednesa hemb}• secured. or to permit the Mortgagor w receive and use it. or any p~tt thereof. wnthout thereby a~iving or imp~iring any equi- ti, lien, or right under aad by ~irtue o( this rtiortgage. In event of loss or physital d~m~ge to the martgaged property the MoKgagor sha11 give immediate . 800K ~~Va7 . - ~ .~Y ~'~';~'~`~tR ,;-^?J~d` "~rr-.+~ r~"a s . _ _ ' . . _ y„~r~~~~~"4'Y _ , - - - - _ _a_ _