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HomeMy WebLinkAbout0529 TO HAVE AND TO NOI.D d?e same. togetl~er ~~7th lhe lenrmeuts. bereditameots aod appurtewnc~es. uuto t6e Mortgagoe. ia fee siu?pk. AND the I?fortgagor does hereby corenant w~th the I~tatgagee that he is inclefeasiUl~ seized of saM laud in fee simpk, that 6e 6u full po~~er anJ 1a~~~fu1 rig}it to ~on~~cy said la~cl in [ee simple as ufore~id: tLat it shall be lawfd (o~ tl~e I?iortga~ee et uU tui~es p~a~rabty uiul c ui~tl to enter upon. Luld, ocx:u rand ea~'uy ea~iJ I:uid; tlwt said land ~ free from all ine~unbrances: tlwt t~o will make such turtl~er assurai~crsyto protect tl~e [ce simple tple to sakl laad ia tbe Alort at,~oe as niaY rea~onably be re~lui~eJ; tbat he does beraby fuqy warrar?t the tide to aaid land and will defend tho samo agaiact the la~ claiins oE all porwot w6o~tuoever• PAOVIDED. ALWAYS. that iE tLs Mortga~3r s6~A pay mb tbe MortSuBee t6e certain promirsory note of whicb tbe follo~wia~ in worcL sod figura L a true oopy. tio-wdt: ~ COMMUNITY FEllERAL SAVINGS AND LUAN ASSOCIATION OF RIVIERA BEACH ~ I ~i~X~~tt~E ~Dt~ RIVtERA BEACH, FLORIDA JULY 5 lg 78 Being indebted, for valoe reoeived, the undersiguad joindy aod aeverally promise W WY to COMMU[VI1Y FEDEML SAV- 1~ WCS AND LOAN ASSOCIATION OF RIVIER/? BEACH at ib oHIoe in the City of Riviera BeacL, Fbrida. or order. tha sum of ~ TWENTY - SEVEN THOUSAND SIX HU(~RED ANO 00/100 r~pLLpRS 27,600.00 ) ~ together with interest thereoo aa hereinafter stated in monthly iastaWr.ents of " TWO HUt~REO TWENTY - SEYEN AND 86/100 - DOLI.~RS (i 227.86 T6e fLst fn~llment shall be due and payable on the 10 day of DECEMBER ~ 19 78 j aod suboeqnent iostallmeats shall be due a~ paYable ao the 10 day of e~c6 and every calwdar month thereafter i nntil the principal and intecast are fuIIy paid. ~er sums may be paid at time, but thepa yment of sny such larger sums ia addition to the PaY~nts herein re- I q~irec] sha11 not relieve the makers of~a payment of the monthly iastallments 6erein provided for, nnless it is speciEually stipu- ~ lated by the makers at the time oEpa yment that sach larger sums are to be applied to the advance paymeat of the monthly iastaU- ' menta nezt maturing in the order of their dae dates. All payments made upon this nota s6a11 be applied first to the payment ~ ~ accrued interest a~ secondly upon the P~P~. I; ThLs obliRation a6all bear interest from date at the rate of EIGHT ANO 80/100 per ceut ( 8.80 96 > per annum until tbe principal aad interrst are fully paid. Interest for each cakndu mont6 s6all be .accrued on the Rrst day of said ma~th and be computed on ihe unpaid balanoc ~ prinripal and interest e:isting on the last day of the preceding ma~th. This note sball be oonsidered in default when anY P~Y- ment required to be made hereuader shall nat have beea made by its due date and ahall remaiu in de ault until said payment sha11 have been made. While in default, this note shall bear inter~: at tLe r~be of TEN AND 00~100 per ceut ' ( 10. 00 'X. ) per anaum tn l~eu of tLe race Lereinbefore speciEied. - ~ All makers and endorsers now or 6ereafter ~ Parties hereta ia;n~lY and aeverallY waive d~and, notice of non- ; payment and protest, nnd a~ee tl~at in tlie event o~ defa t in the payment ofa~? ~nstalla~ent due htrennder for a period of ~ ti~irty (30) days the whole.of uid indebted~ass shaII thereapm at tbe option o~ the holder, beooone immediately due and pay- i able, and if t6is note becomes in dehult and is plaoed 'm t!?e hands af aa attoroay for oollectioo. to pay rasonable attomeY's fea and all other oosts including costs aod atiorneys fees of Appellate Cotirt P~ooeedinp for malunS snch colleetion. i This note may be prepaid in wbok a~sE p~r~A ~~~S,~t}~ ~pena~y.FL ~t I OA COR POR AT I ON i~cu ~ ~ ' ; ` ~+L~ ABRANAH SHULMAN~ INDIVIDUALLY ^~5~~ AS~AH~AN SN-ULNAN; ~E~IOENT i ' ~ ; ~ _ i ~ - ; r _ _ _ _ ~5~.., ~ ~ ~ cs~?~a - - ; , ~ R-Y-------- ~ ~ ('I'his note is secured by a mortKage of even date e=eruted by the makers in iavor o# Community Federal Savings and Loan•Assn. ~ of Ri~~iera Beach ) - ~ ~ ~ ar.d shall prom~ype rform. oo~PtY wit~, and abide by each and every the ulat~s. apeements, oonditions, and eovenants ~ said prom- a issory note and o~ tt?is deed, thea the estate hereby created shall cease and~ aull and void. ~ ~ AI~D the Mortgagor does hereby covenant and agree: ~ 1. To paY all and sin8~ilar the P~P~ and interest and otLer sums of maneY P~Yabk by virtue of said promissory noLe and this mart- gage, or either, prompdy on the dari ~P~'~~Y, ~~~~Y ~ 2. To paY all and singuiar the ta~~es, asse~meub, levies, liabilities, obligationi anci en~.vmbrances of every nature on said described prop- ~ Prty each and every when due and payable according to law, before the,y become deliaqueut, and if the satne shall not be pmmptly paid the biortgagee may at any tirne either before or after delinquencY pay tbe same without waivin8 or affecting the option to foreclose, or ~ any right hereunder, and every payu~ent so msde shall bear interat fiom the date thereof at tbe rate provided 'm said promissory note. 3. To keep the buildings and aDeq wpment and persooal pr~pertY now or hereafter a~ said premises, aovered by thit mortga8e, i~uured in a aum at least equal to the unpaid balanoe of this mortgaSe. incl~xlin8fi~g flood. estended ooverage vandalism. malicsous mischief, and ~ any other rnveragereqwred by the mortgagec. as to properties other than dwellin~t and fire. flood, e:ten~ed covera8e. special-form other-perils insurance, aixl any other ooverage required by the mortagee, on dwelliL~ ~'.:a:.,{ for such broadened owcrage- provided, however, that ~ surh i~uurance be in an auwunt suEficient to oon~~1~ wit!? any co-insurance re9uireu~nt+ om'eriDB same under tLe laws of the State ~ Florida, and provided further ihat the policy or policies shall be written in a cumpany or oompanies end throu~t an agency satisfactory to the Mort- - gagee ancl that suid policy or policies shall be held by the Mortgagee and s6ai1 bear a standard Ntw York Mortgagee Clause without contribn- tion, makfng the laas under said policies payable to the Mortgagee as its interest may appear: and In the event a~ aum of ~ becomes payable under any such policy or policies, the btortgagee shaD 6ave t~ option to receive and apply the aame on account of the ' ebtedness > hereby secured, or to pe~it the Mortpagor to receive and use it, or any part thereof, for other purposes, without thereby waiving or impair- ;t inR any equity, lien, or rit;ht under and by virtue of this morigage; and in the event tha Mortgagor does not comply with this covenant, ihe " ~lortgagee may pi~a~ce and paY for such insurance, or any part thereof, without waiving or affecting the option to fireclose. or any right here- ~ under, and the full amount of each and every such payment shall be immediately due an~d~payable. and shall bear interest from the date thereof until paid at the default rate provided in said note and together with suc6 intereat ahaII be secured by the ~lien of this mortgage. Insur- -r; ~enants~and~ aSr~ to~rnmplay ~n'~allgrespects with t~he provui~oas thereof. DLsaster Protection Act of 1973, or as omended, and mortgagor 4. T6at r~iortgagee may, at any time durinA the mortgage term, aad in its ditt~tion, apply Eor renewal of mortqage guacanty iasurance ~ c~overing the mort age e:ecuted by the undersi~nnc~d w even date herewith,p~ Y the premium due by reason thereof. and re9uue repayment ~d by the undersign~ of such amounts as are advanced by said mortga~ee. In the event of failure by the unclersiSned tor~x said amounts to said mortp,agee, such failure shall be considtred a defnult, and sU provisions of the note and mortgage with regard to default shall be applIo- able. 5. To permit, commit or suffer no waste, impairment or deterloration of saidpr or any part thereof, aod upon the failure of the ~ mortgagor to keep the buildinp,s on said property in qood condition of repair the M~ aygee may demand tLe immediate repaIr of said build- ~ inqs, or an increase in the amount of secvrity, or the immediate ym eat of t~e debt hereby aecured and the failure of the I?~ortgagor to com- ply with said demand of the MortgaRee Eor a period of thirty (30~days, shall constitute a breac6 of this mortgaRe, and, at the option of the ~ \tortga~ee, ima~ediately mature tbe enNre amount of principal aAd interest 6ereby secured, iu~d immediately and without notice. tbe I?fortgagoe may institute procredings to foreclaae this mortgage and apply for t6e appoinhnent oE a Recxiver, n hereinafter prvvWed• ~ dU~~~~U ~ ` ~ 529 - ~ ~ _ _ ~~R~ ; ~ ~ ' ~ ~ ~ .;~.~~~3 , - ~ , ~ ~ ~ ~ < - ~ w r~ ~ _ . _