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HomeMy WebLinkAbout2461 ••1';f I IROVIUEa, ALWAYS, that if the [Nortragor :haY pqr trato tha Mostga~ the indebtet~aaa evidetttxd ~ ~ ottt~bl pttttttMaoey Dote of whidl the it>rlowitl~ i wotrds sad tlpres b a true copy to-wit: F e ~ ~ i~ _ s 7,450.00 Fort Pierce, Fla;d, June 6, 19 0 FOR VALUE RECEIVED WE ~ joint y and severally promi:ti to pay ~ to the ordei of HFRMAN ? j~jj~QT ? , f the principal sum of SEVEN OUSAND FOUR Hi1NDRED FIFTY --------------ND/1Q(L~ppUt.ARS, together with interest thereon from date at the rate of twelve percent ~r annum until maturity, both principal and interest being payabk in lawful money of the United States at 2244 Biscayne 81vd., Miami, Fla a, or at such other place as the holder:hereof may designate to writing. J'rincipal and interest payable in installments at follows: ONE HUNDRED FORTY ($140.00) DOLLARS per month beginning on the 15th day of August, 1979, and continuing on the 15th day of t each and every month thereafter until paid in full. l # This note may be prepaid in whole or in pan at arty time upon payment o[a penalty equal to five (596) percent of the principal sum prepaid. The loan eviderttxd by this proittissory note has ban made pursuant to Chapter 656, Florida Statutes as authorized by 687.12. Florida Statutes, ~ ` ' and the pays herein bas made the loan through a liartsee under Chapter 494, Florida Statutes. Each installment payment shall be credited tint on the interest due, and the remainder on principal; and interest shall thereupon case upon the principal so credited. - t ' The makers and endorsers of tha note further Agra to waive demand, notice ofnon-payment and protest. and in the event suit shall be brou;h! for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fas for making such wlkc- ~ lion. !)eferrsd payments hereunder shall bear interest at tF:c rate of twelve percent per annum from maturity until paid. t This note is secured by a mortgage of even date herewith and is to lee construed and enforced according to the laws of the State of Florid1, upon default in the payment of prittnpsl andi or interest when due, the whole sum of principal and interest remaining unpaid shall, at the .option of the holders, become immediately due and payable. ~ ISEAI_) ~ S r (SEAL) Prepared by Stanley H. Spieler, Attorney - 2240 Biscayne Blvd., Miami, Florida sod tthaY perform; comply with and abidr by each and svelry the stipulations, a~reearents, oonditiong atsd ao~ts of sail pr+otsiraogy rate and of this deed, then this deed and dte testate thereby Crated shad cease and b! rlhll arrd~naid. . 1. The Mortgagor hereby covenants and aglea: (a) To pay atl and singulu the principal and interest and other sums of money payable by viriure of said promissory note and this deed, or either, promptly on the days respectively the same severatly becomes due. (b) To permit, commit or suffer no waste and to maintain the improvements at atl times in s state of good repair and condition, and to do or permit to be done to said premiss nothing that vgill alter or change the tree and chuacter of said property or in any way impair a weaken t he security of this mortgage. Acid in case of the rcfus~l, neglect or inability of the 6(ortgagor to repair and maintain said property, the Mortgagee may, at-his option, make such repairs or cause the same to De made,-and advance moneys is that behalf. (c) To pay al! and singular the taxes, assessmrnts, levies, liabilities, and obNptbns of every nature on said described property each and ercry when due and payable according to 4w, before they become deliquent, and to deliver to the Mortgagee on or before Much 1 Sth of eacA year tax receipts evidencing the payment of all lawfully imposed taxes for the preceding cakndu yeu;to indemnify the Mortgagee upon his demand for all taxes, assessments and chuges that may be assessed upon this mortgage on the indebtedness secured hereby, and j paid by the mortgagee. without regud to any hw heretofore enacted or hereafter to be enacted imposing payment of thewhok or any E part thereof upon the Mortgagee. i (d) To pay atl and singular the costs, charges and expenses, including lawyer' fees and abstract costs ressotably incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor to perform. comply with and abide by each and every the stipulations, agreements, mnditbns and cotenants of said promissory note and this deed, or either, and trery such payment shall heir I interest from date at the rate of ten (IO~r) per certain per annum. (e) It is further comtnanted and agreed by said parties that in the event of a wit heirtg instituted to foreclose this mortgage, the Mort- Agee shall be entitled to apply at any time pending such foreclosure wit to the mart hating jurisdidbn thereof for the appointment of ~ a receiver of all and singular the mortgaged property, and of all rents, incomes, profits, issues and revenues thereof. from whatsoever t source derived: and thereupon it is hereby expressly mnvenanted and agreed that the Court shag forthwith appoint web receirsr with the usual powers and duties of receiver in like cases; and said appointment shatl be made by tbt mart is a mattes of strict right to the Mo~t- gagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, of to the sohetuy or insol- tenet' of the Mortgagor or any other putt' defendant to such wit. TAe Mortgagor hereby sptxificatly waives the right to object to rim appointment of a receiver as aforesaid and hereby expressly consents that wch appointment shall be made as an admitted egtthy and as a mater 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 mortgage upon any other lien or cWm whether y 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 declue this mortgage and the indebtedness soured hereby due arid pyabk forthwith std may at its option a proceed to forecbse this mortgage. (g) That the Mortgagor wit! keep all real and personal property now or hereafter encumbered by the lien of this mortgage insured as airy be required from time to time by the Mort gagee agairat bas of fire, windstorm and other bsruds, casualties and coatingeaciss for such x periods and for not less than wch amounts as may be required by the Mortgagee and to pay promptly when due all premiums for web ~ insunnce. The amounts of inwraace required by the Mortgagee shalt be the minimum amounts for which said insurance shad t>e written R and it shall be incumbent upon the Mortgagor to maintain such additional insunnce as may be neceasuy to meet sad comply fully with all co-insurance requirements contained in said policies to the end that the said Mortgagor is tbt a co-imuror thersutrder. lasuraacs shall be written by a company or companies approved or designated by the Mortgagee and all polkies std renewals thereof Chad be helm by tbt Mortgagee. All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor sttd - Mortgagee relating to insurance, now existing or hereafter made, shall tx is wilting and shad be a part of this mortgage agresmsat as fully as though set forth verbatim herein and shall govern both parties hereto and their suaesson and aaigrts. No liars upon any of said policies of insunnce or upon any refund or return premium which may be payable oa the uacellatbn or tetmiaatbn thereof, shad be ghnrt to other than the Mortgagee, except by proper endorsement affixed to ;etch policy sad approved by Mortgagee. Each policy of iasuraaa 's shall have affxed thereto s Standard New York Mortgagee Clause without Contribution, making aH bas or brats under web policy payable to the Mortgagee as its interest may appeu. in the event any cam or cams of money become payable tbs»uttdtr the Mortgages sha8 hate the option to receive and apply the same on account of the indebtedness hereby secured, or to permk ttM Mortgagor t0 ts• i ccive and use it, or any part thereof, without thereby waiving or impairing say equity, lien, or right under and by Nrtw of this wort- i y?ge. In Trent of bas or physical damage to the mortgaged property the Mortgagor shalt give immsdiats antics thsnof by wait to the ' MortgsrltLe and the Mortgagee may make proof of loss if the seine is not made promptly by the Mortgagor. b swat of faedossw of ~ acct X10 r~~~2459 i i