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Home My WebLink About0140 ~t~uso R~qNrd • ~ MI hyRlMlt Of T~xM Tfiis instrumrnt wu prepared by : ~j/ ~ ow On Cw~ "C" 1n~~1~Msorr~Pvoo~~?. ~ ROG E R H. STA LEY Purwaht To Ch~ 71.1a4. /k» Of /971. ~ O r t ~ Q RO~iEp'OR11A8 9- 9 9 SAUNDERS, CURTIS, GINESTRA 8 GORE Ct~rk Ci~cuit Caxt, SL t.udR Ca. FM. 1750 E. Sunrtse Boukvard P. O. Dra~?et 4157 FORT LAUDERDALE, FLORIDA 33304 THIS MORTCAGE INDENTU~tE, euecuted by the Mortgagor named in paragraph 32 below, which term as used in rvery instance shaA include the Mortgagor s hein, e:ecutors, administrators, successon, legal representatives and assigns, either ~•oluntary by act of the parties or involuntary by operalion of law and shall denute the singular and!ur plural, and the masculine and/or feminine and natural and/or artificial persons, whenever and wherever the context so req~ires or admits, parties uf the fint pad, to ATLANTIC FEDERAL SAVINGS AND LOAN ASSO(:IATION OF FORT LAUDERDALE, a corpo~ation exist- ing under the laws of the United States of America, hereinafter called the ;~fortgagee, which term~as used in every instance shall include the Afortgagees successors. legal representatives and assig~u, 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 promissory note of even date herewith, t~ereinaiter mentioned, together N•ith interest thereon and all other ~ums of money secured hereby as hereinafter provided, the 111ortgagor dces grant, bargain, sell, alien, remise, relcase, convey :?ncl confirm unto the Alortgagee, in fee simple, that certain real estatc, of which the riortgagor is now seized and possessed, and in actual possession, situate as described in paragraph 33 below. TOCETHER with all fumiture, furnishings and fixtures and any repiacements thereof which are now or may herea(ter - t~c located and situate on the prope~y described in paragraph 33 below, and all structures and improvements now dnd hereaEter ~~n said land and tfie fixtures attached thereto, also together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging, or ir? anywise appertaining, and the rents, issues and profits thereof, and aiso all the estate, right, title, interest and all claims and demands whatsoever, as w•ell in law as in eyuity, of said rlortgagor in and to the same, :?nd every part and parcel thereof, and also all gas and electric fixtures, radiators, heaters, air conditioning ec~uipment, machinery, hoilers, ranges, elevators and motors, bath tubs, sinks, water closets, w~ater basins, pipes, faucets, and other plumbing and heating fixtu~es, mantels, refrigerating plants and ice boaes, window screens, screen doors, venetian blinds, storm shutters and awnings, «•hich are now or may hereafter pertain to or be used with, in or on said premises, even though the} be detached or detachable, are and shall be deemed to be iixtures and accessions to the Ereehold and a part of the realty, hereinafter collectively referred to as the mortgaged property. TO HAVE AND TO HOLD the mortgaged property unto the ~4ortgagee, its successors and assigns forever. Z'he ~tortgagor hereby covenants with the ~lortgagee, that the ~fortgagor is indefeasibly seized with the absolute and fee simple title to the mortgaged property, and has full power and lav~•ful authority to sell, convey, transfer and mortgage the same; chat it shall be lawful at any time hereaEter for the Mortgagee, its agents and employees, peaceably and yuietly to enter u~on, }~ave, hold, and enjoy said mortgaged property, and every part thereof; that said mortgaged property is frce and discharged from :+11 liens, encumbrances, and claims of any kind, including taxes and assessments; and that the ~lortgagor herebv fully warrants ~~nto the '.liortgagee the title to said mortgaged property and will de(end the same against the laa~ful claims and demands of all I~ersons whomscever. NOW, THEREFORE, the condition of ihis morigage is such that i[ the ~fortgagor shall well and truly pay unto the ~fort- ~;3~ee, the indebtedness evidenced by that certain promissurv note of even datc hercwith, made by the '~tortgagor and payable tu the Tlortgagee, in the principal sum set forth in paragraph 31 below, tugether with interest as therein stated, and shall ~edorm, camply with and abide by each and every the stipulations, aKrcements, a~nditiuns :u~d rovenants amtained and set fort~ in this u~ortgage and in the promissory note secured hereby, then this mortgage and the estate hereby created shall ccase and be nuli .iil(1 YOId. . ~ 1 ANU the Atortgagor dces hereby covenant and agree: ' 1. To perfurm, comply with and abide by each and every the stipulations, agrecments, conditinns and rnvenants set forth ! in sai~ promissory note and this mortgage deed. ~ ..To permit, commit or suffer no waste and to maintain the mortgaged propert}' .~t all times in a state of good repair and ' ~undition; and to do or permit to be done to said propert~• nothing that «•iL alter or ch:~nge the use ar~d character of said property ~ ~~r in any wav imrair or weaken the security of this mortgage. In case of the refusal, L~ilure, neglect or inability of the ~fortgagor ~ tu repair and maintain the mortgaged property, the Mortgagee may, at its opti<~n, makc such repairs or cause the same to be made, ; .incl advance money in that behalf. All moneys advanced by the ~tortga~ec ?inder the terms of this mortRage shall be addcd to ~ the principal indebtedness hereby secured and shall thereupon I~ea~me immecli.ite•h• due and pa~~ablc at the optiun of the ~tort- ~,agee; non-pa}'?nent oE such sums as advanced by the Mortga~ce shali constitute a de(ault under the tenns and conditions of ~ this mortgage. ~ 3. To ~av all ancl singular the taxes, rentals, assessments, levies, li.ibilities and obligations uf e~•en~ nature on the mortgaged f ~>rn~erty, an~ to deliver to the \fortgagee on or before UecemUer lst of each year tax receipts e~•idencing the ~a)'ment of ali ; t,i~es im~seci thereon for the then current calendar year, to indemni(v the \tortgagee, u~xm its demand, for all taxes, assess- k ~nents and tharges that may be assessed upon th~s mortgagc or the indehttYlness secured hereby and ~id or payable by the ~ ~tortg~gee without regard to any law heretofore or hereaEter enacted imposing payment of the w•hole or am~ part thereof ~uEwn ~ thr \fortgagee. a ~ 4. lf tide to the mortgaged property, or any part thcrcof, be tr.~nsferred and the transferce thereof fails or refuses to ~ .~;tiume thc pa~~ment of the obligation evidenced by said promisson• note and secured by this mort~age, in accordance with their r~~spective terms and in such form as may be rec~uired by the ~1ortG:~gee, or refuses to pay to the \tortgagee its established ~ charge to deFray the expenses'of ehanging its records, thereupon either such failure or refusal shall constitute a default hereunder. ~ 5. If suit be instituted to foreclose this mortgage, the :~tortgagee shall be entitled to .~pply at any time to the court ha~~ng ~ ~urisdiction thereof for, and obtain w•ithoat notice, the appointment of a receiver of the mortgaKed property, its rents, incomes, ~ prufits, issaes and revenues, with the usual ~wwers and duties of recei~-crs in like cases; and said ap~winhnent shall be mxde b~~ the court :~s a matter of strict right to the ~tortgagee, without reference tu the ade~~uacy or inxdeyuacy of the ~~alue of the ~ mortgaged pro~erty, or to the solvency or insolvency of the ~tortgagors or ~n~• other ~~arh• defendant to such suit. = 6. If foreclosure proceedings shall be instituted against the mortga~ed properh~ u~n an~• other lien or cl:~im whether .~Ilegecl to be superior or junior to the lien of this mortgage, such proceedings shal) c~nstitute a defaalt hereunder_ v 7. To pay all the costs, charges and expenses, including attorney's fees, reasonably incurred at any time by the Mortgagee ~ hecause ot the (ailure of the Mortgagor to perform, comply with, and abide by each and every the stipulations, agreements, ~r runditions, and covenants of said promissory note and of this murtgage, 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 cover the extra expense involved in handling delinquent payments. This late charge shall be paid to the n~rtgagee in addition to the regular monthly payments of principal, `a iMerest and other charges. ~ RETURN TO: ATLANTIC FEDENA~ SAVINGS AND LOAN ASSOCIATION OF FORT LAUDF.RD~LF ~ 1750 East Sunrise Boule~ ard, Fort Lauderdale, Florida. ( c~(~q ~~O ~:i~l( a~(.? PACi ~ Y~; ~ ~ ~ 4._t _ . - , - - - . _ _ _ - - - - - = : ; ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ x~ ~ ~ ~-~a,'°k : v _ ~ 3. ; - . J ~:~i