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Home My WebLink About0145 ~ 4U5498 ~ ~3 ~ ~j ~~d S ~ 1~ P~~nt a T~MM '11?is instrument wu pcepued by: 0~ Dus On Cisis "C" hrt~npibl~ P~rsotylMipNly. ~as ~.a~n~. ~Qrt ~ e ROGER H. STAI.EY l0 Pursuant Yo ChaptK 71. . 9 9 ~Eq pp~pAg o~~° SAIINDERS, CURTIS, QINESTRA 8 GORE CMrk Cko~N Court. SL lucN. Co.. FI~. : 1T60 & Suaii~e Boulerard . P. O. Drawac 4157 FORT LAUDERDALB~ FI,ORIDA 33804 i TNIS MORTCACS INDENTURE, czecutal by the Mortgagor nam~d in paragraph 32 below, which tenm as usE+d in • ' every instanee shaU include the Mortgagor: heirs, pcecutors, administrators. successors. legal representatives and usigns, either voluntary by act of the ~ties or involuntuy by oper~tion of Iaw and shall denote the singular and!or plural, and the masc~uline and/or Eeminine and nabural and/or artificialpe ~soc~s. wheneva and wherever the context so requires or admits, parties oE the first part, to ATL.ANTIC FEDERAL S~VINCS AND LOAN ASSOCIATlON OF FORT LAUDERDALE, a corporation exist- ing under the laws of the United States oE Amerka. hereinafter called the Mortgagee. which tenn as used in every Instance sha~l ;nclude the Mortgagee s successon, legal represeatatives aad assigns, party of the second part. WITNESSETH, that for divers good and . valuable considerations, and to secure the payment of the aggregate sum of money named in the pranissory note of ~ven date hetewith, hereinafter mentioned, together with interest thereon and all other sums' oE money secured henby u hereinafter_ provided, the Mortgagor does grant, bargai~, sell, alien, remise, release, convey and corifirm unto the 1lfortgagee, in fee simple, that certain real estate, of which the Mortgagor is now seized and possessed, and in actual po~sessioa, situate as desc:ibed ia paragnph 33 below. 1'~OGETHER with aA fumlture, fumishings and iirtures and any replacernents thereof which are. tww~ or may hereafter be located and situate on the property described in paragraph 33 below, and all structures and improvements now and hereafter on said land and the [ixtures attached thereto, also together with all and singular the teneme~ts, hereditaments, easements and appurtenances thereunto belonging, or in anywise appertaining, and the rents, issues and profits thereof, and also all the estate, right, tide, interest ~nd all claims and demands whatsoever, as weil in law as in eyuity, of said :4iortgagor in and to the same, and every part and parcel thereaf. and also all gas and electric fixtures, radiators, heaters, air conditioningeq uipment, machinery, boilers, ranges. elevators and motors, bath tubs. su~ks, water elosets, water basins, pipes, faucets, and other pliunbing and heating fuctures, mantels, refrigenting plants artd ice bo:es, window screens, screen doors, venetian blinds, storm shutters and awningt, - which are now or may hereafter pertain to or be used with, in or on said premises, even though they be detached or detachable, a~e and shall be deemed .to be fixtures and ~accessions to the freehold an$ a part of the realty, hereina[ter collectively referred to as the mortgaged property. TO HAVE AND TO HOLD the mortgaged prope~ty unto the Mortgagee, its successon and assigns forever. Tl~e Mortgagor hereby covenants with the Mortgagee, that the Mortgagor is indefeasibly seized with the absolute and fee simple title to the moctgaged propetty, and has full power and lawful authority to seli, convey, transfer and mortgage the same; tt~at it shali be tawful at any time hereafter Eor the Mortgagee, its agents and employees,pe aceably and quietly to enter upon, have, hold, and enjoy said mortgaged property, and every part thereof; that said mortgaged property is free and discharged trom all liens. encumbrances. and claims of any kind, including taxes and assessments; and that the Mortgagor hereby fully warrants - unto the Mortgagee the title to said modgaged property and will defend the same against the lawful claims and demands oE all persons whar?soever. . NOW, TNEREFORE, the condition of this mortgage is such that if the ~fortgagor shall well and truiy pay unto the 3iori- gagee, the indebtedness etitidenoed by that certain promiuorv note of even date herewith, made by the 4lortgagor and payable to the Mortgagee, in the pri~ipa1 sum set forth in paragraph 31 below, together with interest as therein stated, and shaUpe rform, comply with and abide by each and every the stipulations, agreements, conditions and covenants contained and set forth in tAis . mortgage and in the promissory note secured hereby, then this mortgage and the estale hereby created shall cease and be null and void. ' AND the Mortgagor dces hereby oovenant and agree: 1. To ~erform, comply with and abide by each and every the stipuiations, agreements, conditions and covenants set forth in said promissory note and this mortgage deed. 2. To permit, commit or suffer no waste and to maintain the mortgaged property at ail times in a state of good repair and condition; and to do or permit to be done to said property nothing that wil! alter or change the use and character of said property or in any way impair or weaken the security of this mortgage. In case of the reiusal, failure, neglect or inability of the Mortgagor to repair and maintain the mortgaged property, the Modgagee may, at its o~tion; make such repairs or cause the same to be made, :~nd advance money in that behalf. All moneys advancecl by the ~iortgagee under the terms of this mort~age shall be added to the principal indebtedness hereby secured and shali thereupon become immediately due and payable at the option of ihe ~iort- gagee; non-payment oE such sums as advanced by the Mortga~ee shall constitute a d,efault under the terms and eonditions of this mortgage. 3. To p~y aII ancl singutar the tazes, rentals, assessments, levies, liabilities and obligations of every nature on the mortgaged property, and to deliver to the btortgageE on or before December lst ~of each year tax receipts evidencing the payxnent of all taxes imposed themon for the then current calendar year; to indemni[y the ~lortgagee, upon its demand, for all~ taxes, azsess- ments and charges that .may be assessed upon this mortgage or the indebtedness secured hereby and paid or payable by the - \fortgagee without regard to any law heretofore or hereafter enacteci imposing payment oF the whole or aoy part thereof upon ? the :~{ortgagee. 4. If title to the mortgaged property, or any part thereof, be transferred and !he transferee thereof fails or refuses to assurrre the payment of the obligation evidenced by said promiswry note and sec~red by this mortgage, in accordance with their respective terms and in such form as may be reyuired by the Atortgagee, or reEuses to pay to the Mortgagee its established charge to defray the expenses of changing its records, thereupon either such failure or refus:il shall constitute a default hereunder. 5. If suit be instituted to foreclose this mortgage, the 111ortgagee shrll be entitled to apply at any time to the court having jurisdiction thereoE for, and obtain without notice, the appointment of a receiver of the mortgaged propert~, its rents, incomes, profits, issues arxt revenues, with the usual powen and duties of receivers in like c:ues; and said appointment shall be made by . the court as a matter of striet right to the I?iortRagee, without reference to the ade~~uacy or inadequacy of the value of the mortgaged property, or to the solvency or insolvency oE the Mortgagors or any other rarty defendant to such suit. 6. If Foreclosure proceedings shall be instituted against the mortgaged property upon any other lien or claim whether alleged to be superior or junior to the lien of this mortgage, such proceedings shall. constitute a default hereunder. 7. To gay all the oosts, chargea and expenses, including attorney's fees, reasonably incurred at any time by the Mortgagee because ot the failure ot the Niortgagor to perform, oomply with, and abide by each and every the stipulations, agreements, coaditions, and covenants of said promissory note and ot this mortgage, or either. The inortgagee may collect a"late charge" in the amount of 55.00 on each payment more than. 15 dayg in arrears to cover the extra expense involved in handling delinquent payments. This late charge shall be paid to the mortgagee in addition to the regular monthly paymenfs of principal, interest and other charges. RETURN TO: ATLANTIC FEDERAf. SAVINGS AND LOAN A5SOCIATION OF FORT LAUDERDALE 2750 East Sunrise Boulevard, Fort Lauderdale, Florida. ~ - ~S~ur ~~J i~l,[ ' Y ~ ~ x ~ _ , - - - _ _ . _ _ ~ ~ ~ a~.~._~~~ - ~'~=~-~r=~''~~:V