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HomeMy WebLinkAbout2490 s t . { PROVIpED, ALWAYS, that it the Mortpa=ot ahaA pay unto the Mortsapee the iadcbtednets rll~atlwl ?y a eatain pwminaory sots of which the [ollowin= in wads aced ra is a true c to-wit: ~~l ~'o~tl8a~e ~o~e s~,,9T5_____00 Fort Piers April 3. I!-.~ FOR VAWB RBCEIVEp WE?, i°._ int1Y and se~er$lly p tN pay to tbs ceder of SAK HDROWITZ AND ANNETTE HOROWITZ ~ HIS WIFt? ' tbs principal sum of SEE T~USAND NINE HUNDRED SEVENTY FIVE - - - - - - - -NO ppL~~~ together with interne tlteesat tray date at the ate of tea peraat, per aatwm until maturity, both principal wd iatetsat belnj payable in lawful money of the United Stateli at 2244 Biscayne Bhrd., Miami, Florida. or at such other plea ss the hdden hereof l array desigtute is writinS. Principal and interest payable is instaldrleab ss tollowg: EIGHTY FIVE ($85.00) DOLLARS per month beginning on the 15th day of June, 1979, and continuing~on the 15th day of each and every month thereafter until paid in full. 71tia wob ttea~ M Meld 1• whale err la I~ at awe time tow petyaewt a1 a ~~b sgnd to airft ~eeott of the ptwcl~al tws papsM. Sidi twrtetiwewt pairaewt ii M tentliteti het ow ere iwteteat true, awtl gle teosiwtYr tow NloeiMlt at>ti bwwt tttaY tMw*aw eDMN w~M the piwelpl w ereiftett. 'M twtlttan awl e.tieosere d tbi, Dole tweeter epee to cadre ttaloaw~ oWka of wow-pgtiewt tlw~ ~rolrt, ttwd io IM ortaet Mdt s?aq a ketr~tt tot the eatteetiaw hereof, K tM tl~e W to V eeieeMtt wpw ttealaawet of aw attotrwef, b pth aaaoweYe attoewglo bse tot ~13ttg twdl eailectiow. QeGrntt part~eMa hetewwMr tiuil bar Iwtereat at the ate of tt'w paeewt ~ ewttw~ traw twatttttit~ wwW grid '11ie wnM M neewrett h • oowttpae d evew eiaM herewith turf r to be eetwMtttlea ttwd t',ttaai aaeoeiwg to the lets d the State of Florida; tapw eiefattlt r ttw Mrwfewt d priweipal atdlbt' btereat whew tttne, the whale ratm o[ awd iwtetaeN «>.aiwiw~ ttyt~aitt at the a,tbw o[ tM betldera, tteeowe lwlaettfeMtr ease awd pyabk. -S ZcgAL) tr~~ (SEM.i bl ~f ~ Auaraep- Yl40 Baearwe Bld., Mitai Flatida ald s1u8 perform, et~tapty with and abide by. each and every the stipulations, agreements, conditans and oo.eaants of said promissory note and of this deed, then this deed and the estate thereby created shall cease and be null and void. ! . The Mortgagor hereby covenants and agrees: (a) to pay all and stngular the principal and mtrrrst and other sums of money payable by virture of said promissory rsote and this decd, ur erther, promptly on the days respectively the same sevrnlly becomes due. (b1 Tn permit, commit u? suffer m waste and to maintain the improvcmrnts ae all times in a state of good repair and condition, and to do or prrmrt to he dune to said premixs nothing that will alter or change the use and chuactrr of said property or in any way impair a weaken the security of this mortgage. And in cax of the refu:-' neglect or inability of the Mortgagor !o rtpait and maintam said property, the bturtgagrr may, at his option, make such repairs or caux the same to be made, and advance moneys in that behalf. (c) To pay all and singular the taxes, asxssmcnts, Invies, liabilities, and obligations of every nature on said described property each and every usher due and pa>abir according to law, Grfore they become dtliyuent, and to deliver to the Mortgagee on of before March 1 Sth of each year tax rrcripts evidencing the paymrnt ut all lawfully imposed taxes for the preceding calendar year; to indemnify the Mortgagee upon his demand fur all taxes, asxssmrnls and charges that may bt asxssed upon this mortgage on the indebtedness secured hereby, and paid by the mortgagee, without regard to any law heretofore enacted or hereafter to be enacted imposing payment of the whole or any part thereof upon the Mortgagee. I' (d) 7q pay all ai„1 singular the cults, charges and expenxs, including lawyer' fees and abstract costs reasonably incuaid or paid at any time by the Mortgagee brcaux of the failure on the pact of the Mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions an0 covenants of said .promissory note and this deed, or either, and srery such payttsant s1uU bear interest from date at the rate of ten (IOr,E) per centum per annum. s E (e) It is further conrenantcd and agreed by said parties that in the event of a suit being instituted to foreclose this mortgage, the Mort- 6agee shall hr entitled to apply at any time pending wch foreclosure suit to the rnurt hating jurisdiction thereof for the appointment of a receiver nt all and singular the mortgaged property.- and of all rents, incomes, profits, iuues and revenues (hereof, from whatwever source derived; and thereupon it u hereby expressly conrenanted and agreed that the Court slicer forthwith appoint wch receiver with the usual powers and duties of receivers in like caxs; and said appointment shall be made by the court as a matter of strict right to.the Mort- pf tagee. and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insol- ~ rency of the Mortgagor or any other party defendant to such wit. The Mortgagor hereby specifically waives the right to object to the apprintment of a receiver as aforesaid and Aereby expressly consents that such appointment shall bt made as an admitted equity and as a matter of ahwlute right to the Mortgagee and that the same msy be done without notice to the Mortgagor. ~ (f) If foreclosure proceedings should he instituted against the property covered by this mortgage upon any other lien or claim whether alleged to be superior or junior M the lien of this mortgage, the Mortgagee may at his option immediately upon institutan of such suit of r during the pendency thereof declare this mortgage and the indebtedness secured hereby due and payable forthwith and may at its option proceed to forecbse this mortgage. k 16) That the Mortgagor will keep all real and perwnal property now or hereafter encumbered by the lien of this mortgage insured as msy be required from time to time by the Mortgagee against bss of fire, windstorm and other harards, casualties and euontingenNes for such s periods and for not less than such amounts as may be required by the Mortgagee and_ to pay promptly when due all premiums for such ~ insurance. The amounts ref insurance required by the Mortgagee shall be the minimum amounts for which said insurance shad be written and it shall bt incumbent upon the Mortgasor to maintain such additional insurance u may be necessary to meet and comply (ulfy with all coinsurance requirements contained in said policies to the end that the sad Mortgagor is rat a ce-insuror thereunder. Inwtance shall De written by a company or wmpanies approved or designated by the Mortgagee sod all policies and renewsk thaeiot scull be held by the Mortgagee. All detailed designations by the Mortgagor which ate-accepted by the Mortgagee and all agrtxments between Mortgagor and Mortgagee relating to insurance, now existing or hereafter made, shall bt in writing and shall be a part of this mortgage agreement as fu0y as (hough set fortA verbatim herein and shall govern Doth parties hereto and then successor and auigns. No lien upon any of acid policies of insurance or upon any refund a return premium whicA may be payable on the cancellation or rumination thereof, shad be given to other than the Mortgagee, except by proper endorsement affixed to wch policy and approved by Mortgagee. Each policy of insutanq v shall have affixed thereto a Standard New York Mortgagee Clause without Contribution, making all bss of bases under such policy payable to the Mortgagee ss its interest may appear. In the event any cam a sums of money become payable thereunder the Mortgagss sha0 have the option to receive and apply the same on account of the irdebtedness hereby secured, of to permit the Mortgagor to ts- ~ ceire and use it, or any part thereof, without thereby waiving or impairing any equity, lien, or right undo and by virttes of this mott- gage. In Brent of bss or physical damage to the mortgaged property the Mortgagor shall give immediate: notice thereof by mall to tM S Mortgagee and the Mortgagee may make proof of loss K the same is not made promptly by the Mortgagor. In event of foreeluture of i c t ' n .r a U R ~ :248? { i 3 ~ _ ~ - e~F - ~ ~ i 4