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HomeMy WebLinkAbout2353 PROVIDED, ALWAYS, tbst if the Mortgagor shall pay unto the Mortgagee the indebt ) 1 ~~~r a oMab evii~ooai prortthuory note of wfiidt the foEowing ~ wad: and figures d • true copy to•wit: ` 8,125.00 Fort Pierce, Fla;d, May 23, 19 79' WE Ointly and sg eral prtunise to pay i FOR VALUE RECEIVED ~ j to the order of WTHR the principal sum of THOU H DOLLARS. together with interest thereon from date at the rate of twelve percent, pet annum until maturity, both principal and interest being payabk in ' t awful money of the United States at 2244 Biscayne &vd.. M jamt, Florida, or at such other play as the holders hercot may designate In wnting. I'rincipa) and interest payable in installment: u follows: ' ONE HUNDRED SEVENTY FIVE ($175.00) DOLLARS per month beginning on the 15th day of August, 1979, and continuing on the 15th day of each and every month thereafter until paid in full. i This note may be prepaid in whok or in part at ally time upon payment of a penalty equal to five 154b) percent of the principal sum prepaid. ; The loan evidentxd by this prom~ory note has been made pursuant to Chapter 636r Florida Statutes as suthorizod by 687.12. Florida Statutes, and the payee herein has made the loan through a licensee under Chapter 494. Florida Boraces. ' Each installment payment shall be credited first on the interest due. and the remainder on principal; and interest shall thereupon cease upon the , principal ao credtted. ug t [ h the colkcuon herc~of, or tthe same has to be collected upon demand of an attorney to pay rcasonabk attorney's fees for makir?gl such oolkct Lion. , Deferred payments hereunder shall bear interest at tht rate of twelve percent per annum from maturity until paid. . Tnis note is stxured by a mortgage of even date herewith and is to M construed and enfortxd atxordittg to the laws of the State of Florida: upon default in the payment of principal and/a interest vrhen a ~ttt~.~C ~y~~y~id s jt the option of the holden. me Im uUel due and payabk. ~~1~~~~ ~;.1iUK~ ~r" U~~.Vr.1tEl~t(:>r ~t; . , a Attest~~ ~ DE~~VE~E~ n f ~A~1 ~ • indivi ua~ y an ~assSecretary p LsEAI.) Prepared by Stanley H. Spieler, Attorney 2240 Biscayne Blvd., Miami, F ides e ~ nL ~ t3A ly and and tlhall perform, comply with and abide by each and evrry the stipulations, agreements, conditions and oovtnnaq of said promissory note and of this deed, then this deed and the estate thereby crested shall cease and be nWl and void. s 9 a 1. The Mortgagor hereby covenants and agrees: (a) To pay all and siagulu tf*}.~jn;,~al a tntrrest and othei sums of money payabk by virture of said promissory note and this deed, or either, promptly on the days respecsltvet~~e same xrerally becomes due. s y~ (b) To permit, commit ur surfer no-wdtte and to maintain the improvements at all times in a state of good repair and condition, snd to do or permit to be done to said pie7alidr~NiMtag'tOs~ will alter or change the ux and chuactet of aid property or in any way Ynpav or t weaken the security of this tgotigage. to csx of the (efusal, neglect or inability of the Mortgagor to repair and maintain aid property, the Mortgagee may, at his option, make such regain or caux the same to be made, and advance moneys in that behalf. (c) To pay all and singular the taxei, asxssments, levies, liabilities, and obligations of every mture on said described property each and every when due and payable according to iaww, before they become deliyurnt, and to deliver to the Mortgagee oa or before March 1 Sth of each year taz rrcripts evidencing the payment of all lawfully imposed taxes for the preceding cakndu Yeat;to indemnity the Mortgagee i upon his demand for all taxes, assessments and charges that may be asxssed upon this mortgage on the indebtedness ucured he[tby, ant paid by the mortgagee. without regard to any law heretofore enacted or hereafter to be enacted imposing payment of the whok or :tray ~ part thereof upon the Mortgagee. i (d) To pay aU anel singular the costs, charges and expenses, including lawyen' less and abstract costs reasonably incurred or paid at any time by the Mortgagee becaux of the failure on the part of the Mortpgor to perform, comply with and abide by each and every the s- stipulations, agreements, conditions and covenants of aid promissory note snd fhb deed, or either, and every such payment sluU bear interest from date at the raft of ten (10',t+) per centum per annum. (e) It is further convenantrd and agreed by aid pubes that in the event of a wit being instituted to foreclose this aangags, the Mort- gagee shall he entitled to apply at any time pending such ttxeclostue wit to the mart loving jurisdiction thereof for ttie appointment of a receiver of all and singular the mortgaged property, and of all rents, incomes, proftts, isst:u and revenues thereof, from whatsoever source derived: and thereupon it b hereby expressly convenanted and agreed that the Court shall forthwith appoint welt receiver with the t usual povers and duties of receivers in like cases: and said appointment shall be made by the mutt as a matter of strict right to the Mon- gagee, and without reference to the adequacy nr inadequacy of the value of the property hereby mortgaged, of to the soheacy or insot- rency of the Mortgagors or say .other gory defendant to such suit. The Mortgagor hereby specifically waives the right to object to the @ appointment of a receiver as aforesad and hereby expressly mounts that wch appointment shalt be roads as an adadtted equity and u s ~ matter of absolute right to the Mortgagee and that the same may be done without notice to the Mortgagor. (f) If foreclosure proceedings should be instituted against the property covered by this tnonpge upon say other Uen or claim whether i i alleged to be superior or junior to the lien of this mortgage, the Mortgagee may at his option immediately upon institution of such suit or during the pendency thereof declare this mortgage and the indebtedness secured hereby due and payable forthwitA and may st its oplron proceed to forecbx this mortgage. (g) That the Mortgagor will keep all «al and personal property now or hereafter encumbered by the lien of this mortgage insured u may be required [rom time to time by the Mortpgee against bu of foe, windstorm and olhsr haards, caswHies and oontirtgenciea for such _ periods and for not less than such amounts as may be required by the Monpgee and to pay promptly rvhrn dot: all premiturts for such - insurance. The amounts of inwrance required by the Mortpgee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additbnal insurance as may be necessary to meet and wmply tally with all co-insurance requirements contained in said policies to the end that the said Mortgagor boot a m-imuror thereunder. Inswaace shall be written by a company w companies approved or designated by the Mortgagee sad all polities and renervab thereof :!tall be bald by the Mortgagee. All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreeassats bMweea Mortgagor snd Mortgagee relating to insurance, crow existing of hereafter made, shall be in writing and shall be a pan of this awngage agreement as fully ss though set forth verbatim herein snd shall govern both parties hereto and their wccesson and assigns. No lien upon any of said polieiss Y of insurance or upon any refund a return premium which may be payabk on the caaugation a termiaslioe thereof, shall be given to other Than the Mortpgee, except by proper endorsement affixed to wch polity sad approved by Mongagte. Each polity of ittswaau shaa have affixed thereto a Standard New York Mortgagee Clause without Contribution, making all bas a bless under wch poUey ~ payabk to the Mortgagee as its interest may appear. In the event any wm or wms of money become payabk thereunder the Mongagst shall have the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mottpgor to re- i ceive and ux i1, or any pan thueof, without thereby waiving or impairiag any equity, lien, pr right urda sad by rYtw of this ttiort- pp. In event of loo or physical damage to the mortgaged progeny` the Mortgagor shall give immediate aotita tbenof by maY to tM Mortgagee and the Mortgages may make proof of loss it the.sams b not made promptly by the Mortpgor. to t~sat of fatscbwn of t - B~Rx 310 ~~~t 235 - Q