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Home My WebLink About0546 . , Gp s ~~~~4~5~ Rweei~red ~ 3' 'Ifiis inswment was p~epued by: °~o"~„ , ~~•r"~«'taT`~„ ROGER H. STALEY c ~art a e ~'wsuam ~o Cha,pqr g g.$pUNDER3, CURTIS, ti1NESTRA 3 GORE .~.a»». c ROO~'~'n~os ~sty i~so ~ s~ eo~.~a +?cuit Cou?t, SL ~ucla Co.. p~. ~ P. o. Dra.?e:4167 FORT LAUDBRDALB, Fi.ORIDA 33304 THIS MORT'CACB INDENTURS. e:ecuted by the Mortgagor named iu paragrapb 32 below, which term as used in ' every instance shaU Include the Mortgagor: heirs, ezecutors, administrators. successors, legal tepresentatives and assigns. either f voluatary by act of the parties oc involuntary by operatioa of law and shaU denote the ungular and!or plural. and the mascuGne f and/o~ Feminine snd natural and/or a~tificialpe rsons, when~wer and wherever the co~tezt so requires or admits. parties of the ~ first part, to ATI.ANTIC FEDERAL SAVINCS AND LOAN ASSOCIATION OF FORT I.AUDERDAI,E, a rnrporation exist- ~ ing under the laws of the United States of Amedca, hereinafter called the Mortgagee. which term as used in every instar~ce shall ; include the Modgagce s successors, legal representatives and assigns, party of the second part. : W17'NESSF.'TH, that for divers good and valwbk considerations, and to secure the payment oE the aggregate sum of money named in the promissory note of even date herewith, hereinafter mentioned, together with interest thereon and all other ~ sums of money secured hereby as hereiaafter provlded, the Mortgagor does grant, bargain, sell, alien, remise, release, convey ` and confim~ unto the Moctgagee, in fee sii»ple, that certain real estate, of which the Mortgagor is now seized and possessed. and i , in actual possession. situate as descdbed in patagraph 33 below. ~ t~ TOGETHER with all fwniture, fumishings and fiztures and any replacements thereof which are now or may hereafter ` be located and situate on the propetty described in paragt~ph 33 below, and all structures and improvements now and hereafter ~ on said land and the [ixtures attached thereto, also together with all and singuiar thc tenements, hereditaments, easements and appurtenances thereunto belonging, or in anywise appertaining, and the rents, issues and profits thereof, and also all the estate, f right, tide, interest and all claims and demands whatsoever, as well in law as in equity, of said I?~ortgagor in and to the same, and every part and parcel thereof, and also all gas and electrie fixtures, radiators, heaters, air rnnditioningeq uipment, machinery, ~ boilers, ranges, elewators and motors, bath tubs, sinks, water elosets, water basins, pipes, faucets, and other plumbing and heatir~g ~ fixtures, mantets, refrigerating plants and ice boxes, window screens, screen doors, venetian blinds, storm shutters and awnings, ~.•hich are now or may hereafter peitain to or be used with, in or on said premises, even though they be detached or detachable, ~ are and shall be deemed to be fixtares and accessions to the freehold and a part of the realty, f~ereinafter collectivety referred ~ to as the mortgaged pmperty. ' ~ ~TO HAVE AND TO HOLD the mortgaged property unto the Mortgagee, its successon and assigns forever. The Mortgagor hereby covenants with the Mortgagee, that the ~iortgagor is, indefeasibly seized with the absolute and fee simple title to the mortgaged property, and haz full power and lawful authority to seU, convey, transfer and mortgage the same; t that it shal! be lawful at any time hereaEter for the Mortgagee, its agents and employees, peaceably and quietly to enter upon, ~ have, hold, a?~d enjoy said mortgaged property, and every pad thereof; that said mortgaged property is free and discharged from ~ all liens, encumbrances, and claims of any kind, including taues and assessments; and that the Mortgagor hereby fully warrants = unto the Mortgagee the title to said mortgaged property and witl defend the same agai~st the lawfui claims and demands of all persons whomsoever. ' NOW, THEREFORE, the condition of this mortgage is such that if the Afortgagor shall well and treily pay unto ihe ;~fort- ~ gagee. the indebtedness evidenced by that certain promissorv note of even date herewith, made by the Mortgagor and payable . to the l~fortgagee, in the principa1 sum set forth in paragraph 31 below, together with interest as therein stated, and shallpe rform, ~ comply with and abide by eaeh and every the stipulations, agreements, conditions and covenants contained and set forth in this ~ morigage and in the pramissory note secured hereby, then this mortgage and t6e estate hereby created shall cease and be null and void. AND the Mortgagor does hereby oovenant and agree:_ 1. To perform, comply with and abide by each and every the stipuJations, agreements, conditions and rmenants set forth in said promissory note and this mortgage deed. 2. To permii, commit or suffer no waste and to maintain the mortgaged property at all times in a state of good repair and 's co:idition; 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 refusal, failure, neglect or inabifity of the htortgagor to repair and maintain the mortgaged property, the Mortgagee may, at its optiun, make such repairs or cause the same to be made, and advan~e money in lhat behalf. A1) moneys advancecl by the ~lortgagee under the terms of this mortgage shall be added to the principal indebtedness hereby serured and shall thereupon lxcome immediately due and pavable at the option of the tiiort- gagee; non-pa}Tnent of such sums as advancecl by the Mortgagee shail constitute a defauit under the terms and conditions of this mortgage. 3. To pay a11 ancl singular the taues, rentals, assessments, levies, liabiiities and obligations of every nature on the mortgaged pmperty. and to deliver to the l~iortgagee on or before December lst of each year tax receipts evidencing the payment of all taxes imposed thereon for the then current calendar year; to indemnify the !liortgagee, upon its demand, for all taxes, assess- ments and charges that may be assessed upon this mortgage or the indebtedness secured hereby and paid or payable by the ` \tortgagee without regard to any law heretofore or hereafter enacted imposing paymeot of the whole or any part thereof upon the :~fortgagee. ; 4. If title to the mortgaged property, or any part thereof, he transferred and the transferee thereof fails or refuses to :issume the payment of the obligation evidenced by said promissory note and secured by this mortgage, in accordance with their respective terms and in such form as may be required by the Mortgagee, or refuses to pay to the Mortgagee its established charge to defray the expenses of changing fts records, thereupon either such failure or refusal shall constitute a defautt hereunder. 5. If suit be instituted to foreclose this mortgage, the Mortgagee shall be entitled to apply at any time to the court having ~ jurisdiction thereof for, and obtain without notice, the appointment oF a receiver of the mortgaged property, its rents, incomes, profits, issues and revenues, with the usual powers and duties of receivers in like cases; und said appointment sha11 be made by the rnurt as a matter of strict right to the I?fortgagee, without reference to the adeyu:icy or inadequacy of the value of ihe - mortgaged property, or to the solvency or insolvency oE the Mortgagors or any other party deEendant to such suit. 6. IE foreclosure proceedings shall be instituted against the mortgaged propertY upon any other lien or claim whether alleged to be superior ot junior to the lien of this mortgage, such proceedi~gs shall constitute a default 6ereunder. 7. To pay all the coets, charges and expenses. including attorney's fees, reasonably incuned at any time by the Mortgagee because of the failure of the Mortgagor to perform, rnmply with. and abide by each and every the stipulations, agreements, # conditions, and wvenants of said promissory note and of this mortgage, or eiiher. The mortgagee may oollect a"late charge" t in the amount of ~5.00 on each payment more than. 15 days in arrears to oover the extra eapet~se involved in handling delinquent payments. This late charge shall be paid to the mortgagee in addition to the regular monthly payments of principal, ' interest and other charges. ' RETURN -TO: ATLANTIC FEDERAf. SAVINGS AND LOAN ASSOCIATION OF FORT I,AUDERDALE 1750 East Sunrise Boutevard, Fort Lauderdaie, Florida. . ~i'G!:~~ PAGf - - = - _ ~ - -