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HomeMy WebLinkAbout0983 . )3~ . ~ ~ ~~8~ ~ 'Ifii~ inst~meat was preQued by: ` RETURI~ T0; ROGER.H. STALEY ~ x~dd ~ ~ o r t a e oRE ; P~+ll 9 9 SAUNDERS. CURTIS. tiIMESTRA 6 8 ~ 809 DUPONT PLAZA CENTER ~ 1760 S. 8uneae 8oul~~e~d ; MtAi1A1, FLORIDA, 33131 O. ~rawa~ 4167 ~ . , • FOItT LAUDSADALB. FLOAID/R 38304 ~ THIS MORTCAGB 1NDBNTURE. ezeaut~d by ths Mortgagat named ia patagragh 3S balow, which t~m as ~tsed ta ~ ever~r instance shsll include the Matggols hei~s. esecuton, administrato succeuo al ntatives and ' either ~ .~oluntuy by ucc QE d,e p.rtias or ~nv~ulupcary br opcracjon aw a r~oce sin ~ aad/a Ie~niniae apd n~tur+al aAd/or utificLlpe rsons, whenaver and whcraw.v the ooatext so requires or Admits. partiea of tl~e first ~put, to ATLANTIC FEDEML SAVINCS AND LOAN ASSOCIATION OF FOAT I.AUDERDALE, a rnrporation exist- ing w~der the laws'of tha United States of Amerkx, hereinafter calkd the Mortgagee, which term aa used in every instance shall include the Mort~ee s suoceuor~. legd repre~entaNves and assigns. party of tbe second part. WITNF~SSEfH, that for divers good and valuable oonsiderattons, and to secure the payment of the aggregate sum of ~ money named in the promissory note of evEa date he~with. hereinaffer mentioned, together with interest thereon and all other - sums of money secuced hereby as herdusfter provided. the Mo~tgagor does grant, bargatn, sell, alien, remise, release. convey ~ and confirm unto the Mortgagee, in fee simple, that certata real estate, of which the Mortgagor is now seized aad possessed, and s in actual po~ion.` situate as deaciibed in P~S~Ph 33 belaw. 'I'OCE'PHSR w?ith all furniture. f~umishings aad firiuces and any replacemenb ther~eoE which are now or may hereaEter be located and sihiate oa the p desaibed in paragraph 33 belo~r. and ap shuctures and improvemenb now and hereafter on said Iand and the fisture~ atlt~a~ tl~ereto, also toged~r wlth aU and singular the tenements, hereditaments. easemer~ts and app~ enances thereunto bebaging, or in anywlse appertaining, and the rents, iswes and profits thereof, and also all the eatate, ~ right, title, interest and all claims aad deawads whataaever, as wcU in law as in equity. of said Mortgagor in and to the same, 3nd eveq, part ~nd parcel thereof~ and also a11 gas and eloctric fish~res, radiators, heaters, air condiHoningequipment, machiaery, boilen, ranges. eJe„ators and motorf, batL tubs, sinlcs, water closets, water basins, pipes, faucets, aad other plumbing and heating fixtures. mantels. refdgeratiag plants and ice bozes, window screens, screen doors. ve~n blinds. storm shutters aad awnings. ; K,}uch are navv or may hereafterpe rtain to or be used with, in or on said premises, even though they be detached or detachable. a r e a n d s h aq b e ~deemed to be fi=tares and accessions to the freehold and a part of.the realty, hereinafter collectively referred ~ to as tha mortgaged propeKy. ~ ; 'I'O HAVE AND TO HOGD the mortgaged groperty unto the Martgagee. its sucoes.wrs and assigns forever. The Mortgagor hereby covenaats with the Mortgagee, that the Mortgagor is indefeaslbly seized with the absolute and fee rimp]e tide to the mottga~ed Property, and has full power and lawful suthority to sell, cvnvey, tr~nsfer and mortgage the same; . that it shall be lawfal at any time hereafter fot the Mortgagee, its agents and empbyees, peaceably and quietly to enter upon, ~ have, hoW, and enjoy said aartgaged property, and every part thereof; that said.mortgaged property is free and discharged from = all lie~u, encumbcances, and claims of any lcind, including taxes and assessments; and that the Mortgagor hereby fully warrants ~ unto the Mortgagee the titb to said mortgaged propercy and will defend the same against the lawful claims and demands of all ~ F'ers°ns who~n9oever• - . NOW, THEREFORE, the condition of this mortgage is siich that iE the ~fortgagor shall well and tnily pay unto the Mort- gagee, the indebt~u evidenoed by that certain promissory note of even date herewith, made by the Mortgagor and payable ! to the Mortgagee, ia the prirxypa1 sum set fotth in paragraph 31 below. together with interest as therein stated, and shallpe dorm, j rnmply with and abide by each and every the stipulationc, agreements, conditions and covenants rnntained and set forth in this mortgage and in t~e promissory note secwed hereby, then this mortgage and the estate hereby-created shall cease and be null ; and void. ' AND the Mortgagor dces hereby oovenant and agree: - f j L To perform, comply with and abide by'each and every the stipulations, agreements, conditions and covenants set forth ~ in said promissory note and this modgage deed. ~ 2. To permit, commit or suffer no waste and to maintain the mortgaged property at all times in a state of good repair and ' rnndition; and to do or permit to be do~e to said property nothing that wil: alter or change the use and character of said proper:y ~ or in any way impair or weaken the security of this mortgage. In case of the refusal, Eailure, neglect or inabilitv of the Mortgagor ; to repair and maintain the mortgaged praperty. the Mortgagoe may, at its option, make such repairs or cause the same to be made, and advar~ce money in that behalf. All moneys advanced by the Mortgagee under the terms of this mortgage shall be added to ~ the principal indebtedneu hereby secured and shall thereupon become immediately due and payable at the option of the Mort- ~ gagee; ~wn-payment of such sums as advanced by the Mortgagee shall constitute a default under the temu and oonditions of this mortgage. 3. 'I`o pay all ancl swgular the tues, rentals. assessments, levies. liabilities and obligations of every nature on the cnortgaged property, and to deliver to the Mortgagee on or before December Ist of each year tax receipts evidencing the payment of all ~ taxes imposed thereon for ihe then current calendar year; to indemnify the ~~ortgagee, upon its ~ demand, for all _taxes, assess- , t ments and charges that may be assesse.~d upon this mortgage or the indebtedness secured hereby and paid or payable by the ; ~tortgagee without regard to any law hecetofore or hereafter enacted imposing payment of the w~ole or a~y part thereof upon ; the Nortgagee. - ~ 4. If title to the martgaged peoperty, or any part thereof, be transferred and the transferee thereof fails or refuses to assume the payment of the obligation evidenced bj+ said promissory note and secured by this mortgage~ in accondance with their ~ respective terms and in such form as rmy be required by the Mortgagee, or refuses to pay to the Mortgagee its estabiished charge to defray the ezper~tes of changing its retords, thereupon either such failure or refusal shall corutitute a default hereunder. i - 5. If suit be i~utituted to foreclose this mortgage, the Aiortgagee shal! be entitled to apply at any time to the covrt having ~ ~ jurisdiction thereof for, and obtain vriihout notice, the appointment of a reoeiver of the mortgaged property, its rents, incomes, ~ profits, issues and revenues. with the usual powers and duties oE receivers in like cases; and said appoinhnent shall be made by ~ the co~ut as a matter of strict ri~ht to the Mortgagee, without referenct~ to the ade~~uacy or inadequacy of the value of the mortgaged property, or to the soYveney~or insolvency of tbe blortgagors or any oiher party defendant to such suit. 8. If foreclosure proceedings ahall be instituted against the mortgaged property upon any other lien or claim whether alleged to be superior or junior to the lien of this mottgage, such proceedings shall constitute a default hereunder. 7. To pay all the oosts, charges and e~ei?ses, including attorney's fees, reasonably incurred at any time by the Mortgagee - becauee of the tailure of the MoitgaBor to per[orm, oomply with, and abide by each and every the atipulations, agreemente, ~ canditions; and o~venanfs of said promi~ory note and of thie mortgage, or either. The mortgagee may collect a"late charge„ in the amount of 55.00 on each payment more than. 15 days in arrears to oover the eztra ezpense involved in handling ~ delinquent paya~enta Thia late charge ahall be paid to the mortgagee in addition to the regular monthly payments ot principal, interest and other charges. ~ ~ ~ RETURN TO: ATLANTIC FEDERAf. SAVINGS AND LQAN ASSOCIATION OF FORT I,.A[~DERDALE ; ; 1750 Eaat Sunrise Boukvard, Fort Lauderdale, Florida. : a~oK 289 PAGE 972 ~ y~ ~ - _ _ ~ ~ ~ ~ _ ` ' ~ ~ ;n„~~~, ~ a _ ~ w x - " eo~.:: ~ ~ ry y_.. . ' .