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HomeMy WebLinkAbout2471 _ i ' ~1~.1 t ~ROYtDBD, ALWAYS, that it the Mott~lljor tlhaY pay tiiNO the MOtRja~ee the indebtednaa eride0oed by a 0![ta~ peaa~ogy tlMs of wbkh the folbwis~ ie words trod tipfeg it a ttrtle copy to•wit: ~ 925...00 Fort Pierce . Flor;tia June 2 )9 ~4 FOR VALUE RECEIVED promise to pay ur the order of JOSEP}~CHODIKOFF AND E _LA H DIK . i 't'IIRFF THQLiSAND NINE iNi)REi~ _ NTY FIVE ----------NQ 1QQI~I.LARS, the prilcipal sum of - HL-- tugether with interest thereon from date at the rate of twelve pervert, per annum until maturity, both principal std interest being payabk in lawful money of the United Statesat 2214 Biscayne &vd., Miami, Florida, ur at such other place as the holden hereof maydesignate to writing_ Principal std interest payabk in installments as fellows: i EIGHTY FIVE ($85.00) 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. ~ phis note may be prepaid in whok or in part at any time upon payment of a penalty egwl to five(S~) percent of the principal sum prepaid. The loan evidenced by this promissory note has been made purswnt to Chapter 656. Florida Statutes as authorised by 687.12. Florida Statutes, and~the payee herein has made the Loan through a liunsee under Chapter 494, Florida Stattues. Each installment payment shall be credited first on the interest due. and the remainder on principal; and interest shall thereupon cease ttptxt the ; principal so credited: ~Thcatakcn and endorsee of this note further agree to wai~r demand, notice of non-payment and protest. and in the event suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for making wch collec- tion. Ueferrod payments hereunder shall bear interest at the rate of twelve percent per annum from maturity until paid. 1 Otis note is secured by a mortgage of even date herewith and is to be construed and enforced atxordingto the laws of thgState of Florida, upon default in the payment of principal and/or interest when due. the whole sum of principal and interest remaining n id shaft, at the option of tt?e holders, become tmmediately due and payable. • S (SEALI s ISEAI_) Prepared by Stanley N. Spitler, Attorney -2240 Biscayrtc Blvd., Miami. Florida . atad tdnS perfonlt, comply with and abide by each and every the stipulatinas, agseartwts, conditiorta atad otrwrlrta ts[ ; said pntmiroey note and of this deed, then this deed and the estate thereby created shall txase and be null std raid. ! . The Mort~gor hereby covenants and agrees: • (a) To pay all sad singular the principal and iaterest and other wino of money payable by virture of said promiuory note and this deed. or either, promptly on the days respectively the same severally becomes due. ~ (b) To pcrmi, commit or suffer no waste and to maintain the improvements st all times in a state of good repair ind condUioa, acrd to do or permit to be dune tq sajd premhes ttothin; that will alter or change the ux and character of said property. or in any way iaspatr or weaken the security of this mortgage. And ht case of the relusaL neglect or inability of the Mortgagor to repair acrd maintain said property, the Mortgagee may, at his option, make such repave qr cause the same to be made, and advance moneys in that behsH. d_ (c) To pay all and singular the taxes, assessmrnts, levies, liabilities, and obliptiops o[ every nature on said described property each acrd every when due and payable according to law, before they become delpuent, and to deriver to the Mortgagee on or before MucA t Sth of each year tax receipts evidencing the payment of all IawfuUy imposed taxes for the preceding akndu year; to indemnify the Mortgagee i upon his demand for all taxes, asxssments and charges that may be assessed upon this mortgage on the indebtedness secured hereby, and i paid by the mortgagee, without regard to-any bw herotofore enacted or hereafter to be eweted imposing psymed of the whole or any part thereof upon the Mortgagee. (d) To pay all and singular the vests, chuges and a:pettxs, indudiag bwyen' tees sad abstract costs reasonably incurred or paW at any ~ time by the Mortgagee beaux of the failure on the part of the Mortgagor to perform, comply with and abide by each and every tM stipulatans, agreements, conditions and covenants of said pro®issory note and this deed, or either, and every such payment shall bear ~ interest from date at the rate or ten (1Mb) per centum per annum. (e) It is further comenanted and agreed by said parties that in the event of a wit being i-stituted to foredose this rrtortgsge, tM Mort- I gages shall be entitled to apply at any time pending wch foreclosure wit to the court hariag jurisdiction thereof for the appointment of a receiver of all and singular the mortgaged ptope[ty, acrd of all rents, incomes, profits, issues and revenues thereof, from whatsoersr i source derived; and thereupon it rs hereby expressly convenanted and agreed that the Court shall forthwith appoint wch receiver with tM z usual powers and duties of receivers in tiles cases; and said appointment shall be made by !M court as a matter of strict right to the Mort- s gages, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, a to the sotrency or ittso6 vency of the Mortgagor or any othu party defendant to such wit. The Mortgagor hueby spsciTicaYy waives the tight to object to tM ~ appointmrnt of a receiver as aforesaid and hereby expressly consents that wch appointment shall be made ss an admitted equity and as a matter of absolute right to the Mortgagee and that the same racy be done without notice to the Mortgagor. (n If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim whether alleged Io 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 indcbtedasss secured hereby due and payable forthwith std may at its option proceed to forecbse this mortga;e. R (g) That the Mortgagor will keep all real artd personal property nowor hereafter sncumbersd by the lien of this mortgage iawred as may tx required from time to flint by the Mortpgce against bas of fire, windstorm and ottser harards, aswlties acrd contingencies for such a periods and for not less than wch amounts as cosy be required by the Mortgagee and to pay promptly when due alt premiums for such s insurance. The amounts o! inwrance required by the Mortgagee shall tx the minimum amounts for which rid inwtaace shall be wtittea ~ and M shall be incumbent u n the Mort po gagor to maintain such additional insurance as may be neceasaty to inset and comply fully with sU m-insurance requirements contained in said policies to the end that the said Mortgagor is not a oo•iawrot therrundsr. Itttutanu ahaU M written by a company or companies approved or desigasted by the Mortgagee and all policies acrd rsnewala thereof stroll be held by tM Mortgagee. All detailed designations by the Mortgagor which ate accepted by the Mortgagee and all agreements between Mortgagor acrd Mortgagee rebting to insurance, now exiuirtg or bereafta made, shall be in writing and shall be a put of th4 mortgage egrresrasrtt a toffy _ as though set forth verbatim herein and shall govern both parties hereto and tlxtr succaaon and assigns. No lien npoa any of said podeNa of insurance or upon any refund or return premium which may be payable oa the aaceltatbn or termination thereof, sttaa bs giwa to other than the Mortgagee, except by proper endorsement affixed to fuch policy and approved by Mortgage. Each policy of insttrawq shall have affixed thereto a Standard New York Mortgagee Claux without Contribution. making all ba or bores under wch policy payable to the Mortgagee as its interest cosy appear. In the event any win or sums of money become payable thersurdsr tM MortgagN i shall here the option to receive and apply the same on account of tM irdsbledness hereby secured. or to pacroit tM Mortgagor to n- calve and use it, or any part thereof, without thereby waiving or impaiNng any equity. lien, or right under and by rYtw of tNs ttaort- _ gage. In event oS bas or physical damage to lbe mortgaged property the Mortgagor shall give immediate notip thsnof by atoll td tM Mortgagee and the Mortgagee may make proof of loss d the same is not made promptly Dy ihs Mortgagor. Ia swat of forsebause of * ~ ~~~r 310 ~~~:2469 w