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Home My WebLink About2079 ti PROVIDED, ALWAYS, that if the Mortgagor shall pay unto the Mortgagee [fie ijidt~ledttes:~dell~d by a txrtaLt promigaory torte ~ of which the [oUowitta in words cad figura is a true copy to-wit: r • s,,,§i150.00 Fort Pierce, Florida t"~~12. 1912_ FOR VALUE RECEIVED WE, iointly and severally promise to pay to the order of CHARLES TOBIN AND CAROLE TOBIN , HIS WIFE • the principal sum of SIX THOUSAND ONE HUNDRED FIFTY - - - - - - - - - - - - - - - - -NO / 100 pOL~~, together with interest thereon [rom date at the rate of tea percent, per annum until maturity, both principal and interest belnS payable in lawful money of the United States at 2244 Biscayne Blvd., Miami, Florida, or at wch other place as the hddera hereof may designate in writin=. Principal and interest payable in installments as toUows: ONE HUNDRED THIRTY FIVE ($135.00) DOLLARS per month beginning on the 15th day of July, 1979, and continuing on the 15th day of each and every month thereafter until paid in full. Thu note r.ay be prepaid in whole or in part at any tithe upon pyseut of a penalty equal to eidit pere>ewt of We principal tors preptiM. ' ~ iwstt?rsewt paysewt shttll be credited f`rnt ow the interest due. and the rawaindtx ow ptiweipal; tread intact tits tbtxetyotr taaae trpn the principal soeredited. The sakes and ewdoraees o[ thin note further agree to waive desand, notice of aoa•pysast atad pwWt, tlald iw dse event twit shall 4 hrorsdst j i ur the eaUeetiew hereof, a the case hsa to be eaUeeted upon dewaad of an at ttxwey, b py reaaowahk atbrwe)r11 yeas tar tltultitr~ torch edlaetioo. ' Deferred pysen4 berttlsdee rha/ bear interest at the rate of tea percent per tttarsus tros wttsrity until paid. This note is riecttued by a sorlµpe ai even date herewith and ~ to be coastrteed sad cnfotYed aeaortfirt~ to the lasra of tie State of Florida; tt?pt>rn default iw the pysrnt d principal atsd/or interest when due, the whale sus of principal and iwttuaN ratuirsirt~ tt)sipeid shall, at the option o[ the j 1?dders, becost immediatdr dne cord pyaMe. Q,B't- (SEAL) t ~ ' Prepaeed br stawley H. Spieler, Attorney-2240 Biscayne Blvd., Miaaai Flatrida (SEAL) and shall perform, comply with and abide by each and carry the stipulations, agreements, rnnditiaw and covenants of said promissory torte and o[ this deed, then this deed and the estate thereby created shall cease and be null and void. 1. The Mortgagor hereby covenants and agrees: la) 1" pas elf anJ rrnFUlar the principal cad mtrrrst and other sums or munry ~ayablr M vrrture of card promissory nett and this deed, ur tither, pn,inptly un the days rrsprcUvrly [hr same sevrralh hrcumes .!ue. 'i (h) T„ prrm+t. iummrt ,,r wf(cr no Neste and to maintain the improcrmrnts at all times in a state of good repair anil condition, and to do or prrmrt h, hr done u, card prrmisrs nothing that Nill alter or change the use and :haracter of said property or in any way impair or weaken the rrcunty of this mnrtgagr. And in cast ut the rrfuwl. neglect or inahilily of the Mortgagor to repair and ma+nurn said property, the ~lortzagre mar. at his option, make such repairs or cause the same to hr made, and advance moneys in that behalf. (ci Try :+II and singular the [airs. assessmrnts._Ir~ies, liabilities, and obligations of every nature on said described property each and rrer) sshrn due and p.+rtblr acrurdmc to law, hrfirrr they hrcc+me drliyuent• and to deliver to the Mortgagee on or before March 15th of each >car tas rrcrrpt-. rvdrnung the payment of all lawfully imposed taxes for the preceding calendar year; to indemnify the Mortpgee upur: his demand fur all tags. assrssmrnn and charges that may hr assessed upon this mortgage on the indebtedness secured hereby, and pard h} :hr mortha¢rr. wuhout regard to any IaN heretofore rnactrd or hereafter to be enacted imposing payment of the whole or any part thereof upon the Sturtgagre. (d) t., pay all and singular the cults, charges and rxpensrs. including lawyers' fees and abstract costs reasonably incurred or paid at any time by the titurtgagre hrcausr of the failure on the part of the Mortgagor to perform, comply with and abide by each and every the stipulations, agreements. conditions and covenants of said promissory note and this died, or either, and every such payment shall beu interest from date at the rate of ern (10'.) per centum per annum. c 4 t (e) It is further cunvrnantrd and agreed by said patties that in the event of a suit being instituted to foreclose this trtortgage, tht Mort- ' gagee shall hr rntitlyd u, apply at any time pending such foreclosure soil to the court having jurisdiction thereof for the appointment of a rrcener of all and singular the mrrtgaged property, and of all rents, incomes, profits, issues and revenues thereof, from whatsoever source denvrd. and thereup,n it is hereby rxprrssly a,menanted and agreed that the Court shall forthwith appoint such receiver with the ' utual pnN-etc and duties of receirrrs in like crses; and said appointment shall be made by the court as a matter of strict tight to the Mort• r a ee, and without reference to the adr uac nr inade uac of the value of the ~ g B q Y q Y property hereby mortgaged, or to the solvency or insol- vrncy of the kturtgagors or any uthrr party defendant to such suit. The Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and herehy expressly consents that such appointment shall be made ss an admitted equity and as a matter of abs+,lutr right to the Mortgagee and that the same may be done without notice to the Mortgagor. ! If? If furrclusure proceedings should he instituted against the property covered by this mortgage upon any other lien or claim whether alleged to he superior or Junior to the lien of this mortgage, the Mortgagee may at his option immediately upon institution of such suit or $ during the prndrncy thereof declare this mortgage end the indebtedness secured hereby due and payable forthwith and may at its option proceed to foreNose this mortgage. Ig) That the Mortgagor well keep all real and personal property now or hereafter encumbered by the lien of this mortgage insured as may r be rryuired from time !o nmr by the Mortgagee against bas of fire, windstorm and other hoards, casualties and contingencies for such periods and G,r nr,t less than such amounts as may be required by the Mortgagee and to pay promptly when due all premiums for such insurance. Thr amounts of insurance required by the Mortgagee shall be the minimum amounts for which uid insurance shall bt written and it shall he incumbent upon the Mortgagor to maintain such additional insurance u may be necessary to meet and comply fully with all co rnsurance reyuiremrnts contained in said policies to the end that the said Mortgagor is cwt a co-insuror thereunder. Insurance shall be t written by a company or companies approved or designated by the Mortgagee and all policies and renewals thereof shall be held by the Mortgagee. ,AII detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor and Mortgagee relating to insurance. now existing or hereafter made, shall be in writing and shall be a part of this mortgage agreement as fully as though set forth verbatim herein and shall govern both parties hereto and their successors and assigns. No lien upon any of said policies of insurance or upon any refund or return premium which may be payable on the cancellation or terminatan thereof, shall be given to other than the ~tor:gagee• except by proper endorsement affixed to wch policy and approved by Mortgagee. Each policy of ituurance shall have aftixrd thereto a Standard New York Mortgagee Clause without Contribution, making aft bas or bases under such policy ! payable to the Mortgagee as its interest may, appear. In the event any sum or sums of money become payable (hereunder the Mortgagee 5 shall have the option to rrceire and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to re- ceive and use it, or any part thereof, without thereby waiving or impairing any equity, lien, or right order and by virtue of this tnoA. gage. In event of loss or physical damage to the mortgaged property' the Mortgagor shall give immediate notice thereof by mail to the Mortgagee and the Mortgagee may make proof of loss if the same is not made promptly by the Mortgagor. In event of forecbstue of ~ $i _ ~e ~ ~4'~ -