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HomeMy WebLinkAbout1203 t - ~ ~ 1~•~ . PROVIDED, ALWAYS. that i! the Mortgagor :hall pay unto the ; ~ , the iadebiedaesa evidenced by a oatala pmmhsory note of which the tdlowing iw t#rasds atad fiprer Y • ttw copy to-wit: - i~t~ ~ ~ _ ,x,154.00 Fort Pierce . Flea Ju1y 28 a l9 7~ POR VAI.UB RECEIVED jOilntly and severally promise to pay to the order d DAVTD S CO NAND EVA D COHEN?, AS .70TNT TENANTS WITH RTGHTS OF ~ priagj~ sutM d FIVE 'THOU SAND ONE w w w w w w w w w w w w w w w w w DOLLARS, to~etlter with intact tlKteon from date at the me d twelve pereaent. annum until maturity. both printdpal cad irNertst seizes payable is lawful saoaey at the United States at 2244 Discayae llvd., M iarrti. Flaida. or ~t such other plan as the holdefs hereo(may daiptate is writiy. Priaeipal card iattltest payable in itWallment? M follows: ONE N~*;~~:g Fi~r'E ($10~.OG~ ~O~?~-1?S per m©nth beginning on the 15th day of October, 1979, and continuing on the 15th day of each and every month thereafter tuitil paid in full. 'ibis note racy be prepaid is whole a in part at arty time upon paytn:nt des penalty egwl to five (596) pertxnt dthe prinl~pal sum prepaid. . The loan evidenced by this promasory note has boa made pursuant to Chapter 656. Florida Statutes as authorized by bs'f. l Florida Statutes. and the payee herein has made the loan through a litxwa under Clupter 494. Florida Stattua. Eacp~'t~taltaUmeatpa rmeat shall be aeditod tint on the interest due. and the remainder on prinapal;and interest shag tbt:rettpon eeae tlpoa the so The Istakcn cad endorsee d this note further aSree to waive demand. notice of non•paymem cad protest. and is the event suit shall be for the edketion hereof. or the;.me has to be edleeted upon demand d an attorney. to pay r+easonabk atttxney's fees (a coking such tioa. . Dekreed payloents hereunder shall bear interest at the rate of twelve pttrant per annum from maturity until paid. . This nose a secured by a mtxtpjje d even date herewith and isya be corotrued and enforced atxording to the laws d the State d Florida; upon ' ddauN in the payment d princepal and/or tMerest when doe. the whole sum d rincipal and interest retnairu uupaid shall. at the option d the hokkn. btecortte immedaetely due and payable. (SEAL) -S (SAL) Prepared by Stattky H. Spieler, Attorney -2240 Biscayne il<Ivd., Miami. a and shall perform, comply with and abide by _ each artd every the stipulNions, apeements, conditions and covenants of said promissory note and of this deed, then this deed and the estate thereby created shag cease and be null and void. 1. The Mortgagor hereby covenants and agrees: (a) To pay all and singular the principal and interest end other sums of money payable Cy virture of said promissory note and this decd, or either, prumpHy un the days respecuvrly the same severally hecomes due. (b) To permit, commit or suffer nip waste and to maintain the_improvemrnts at all times in a state of good repair and condition, and to do or permit to he done to said premises m~thing that will alter or changt the use and character of said properly or in any way impair or weaken the secunty of this mortgage. And in cox of the refusal, neglect or jnability of the Mortgagor to repair and maintain said property, ' the !vortgager may, at his option, make such repairs or cause the same to be made, and advance moneys ir. that behalf. (c) To pay all and singular the axes, asxssmrnts, stales, liabilities, attd obligations of every nature on aid described property each and j even when due and payable according to law, before they become drbquent, and to deliver to the Mortgagee on or before Match 1 Sth of 4 eacA year tax receipts evidencing the payment of all lawfully imposed taxes for the preceding calendar ytar,to indemnity the Mortgagee ~ upon his demand for all taxes, asxssmrnts and charges that may be asxssed upon this mortgage on the indebtedness xcured 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. (d) To pay all amt singular the costs, charges and expenxs, including lawyers' tees and abstract costs reasonably incurred or paid at any time by the Mortgagee hecaux of the failure on the part of the Mortgagor to perform, comply with and abide by each artd every the stipulations, agreements, conditions and covenants of said promissory note and this deed, or either, and every such payment shall beu interest from date at the rate of ten (1096) per centum per annum. (e) It is further convenanted and agreed by said parties that in the event of a suit being instituted to foreclose this mortgage, the Mort- gagee shall be entitled to apply at any time pending such foreclosure suit to the court having jurisdiction 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 whalsoerer source derived: and thereupon it is hereby expressly convenanted and agreed that the Court shall forthwith appoint wch receiver with the usual powers and duties of receivers in like cases; and said appointment shall be made by the court u a matter of strict tight to the Mort- gagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, of to the solvency or insol- vency of the Mortgagors or any other party defendant to such wit. The Mortgagor hereby specifically waives the tight to object to the appointment of a receiver as aforesaid and hereby expressly conxnts that such appointment shall be made of an admitted equity and as a master of abwlute 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 claim whether 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 xcured hereby due and payable forihwitA and may at its option proceed to forecbse this mortgage. (g) That the Mortgagor will keep all real and personal property now or hereafter encumbered by the lien of this mortgage inwred u may be required from time to time by the Mortgagee against bas of fire, windstorm and other hoards, casualties and mntingtnciestorsuch 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 arm.unts of insurance required by the Mortgagee shall be the minimum amounts tot which said insurance shalt be written and it shall be incumbent upon the Mortgagor to maintain such additbrul insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies to the end that the said Moripgor is not a co-irtwror thereunder. Inwrance shalt be written by a company or companies approved or designated by the Mortgagee and all policies and renewals tdtreof shall be held by Isle Mortgagee. All 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 xt forth verbatim herein and shall govern both parties hereto and their successors and assigns. No lien upon any of said poNtia 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 Mortgagee, except by proper endorsement affixed to wch policy and approved by Mori~agee. Each policy of insurance ! shah have affixed thereto a Standard New York Mortgagee Claux without Contributbn, making all bas or bases under such policy payable to the Mortgagee as ils interest may appear. In the event any win or sums of money become payable thereunder the Mortgagee shall hate the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to te- ceire and use it, or any put thereof, without thereby waiving or impairing any equity, lien, or right under and by r4tw of this wort- gage. In event of bss or physical damage to the mortgaged property the Mortgagor shall give immediate notice thereof by malt to tiro s Mortgagee and the Mortgagee may make proof of loss N the same: is not made promptly by the Mortgagor. In event of forecbsure of 1 t~