HomeMy WebLinkAbout1442 PROVIDED. ALWAYS. that it the Mort=,s=or >Illall pyi wrto the 1?lortsasiee the indebtednem evidenced by a oertaia
promissory note of wbidl the tollowirls iw w[ssds artll NRIt>rw 4 a true copy to-wit:
:1~ , 275.00 Fort Pierce , Florida August 1, 1f 79
FOR Iv D ~ ntl and sev r
~G ~ .
the l~es~ area o~ E - - DOLLARS.
tosetiet wit! isltetwt thereon from date at the rate d twelve pw~oent, annum until maturity. both principal and irltpest betas payable isi
lawhll ¦wney d the United States at 22M 19bcayae efvd.. M iarrli. Floc at such other play as the holders heroof may desisaate to wntrsis.
Prirtci'al sad interest payable in inetaWneat? r tollaws:
THREE HUNDRED ($300.00) DOLLARS per month beginning on
the 15th day of October, 1979, and continuing on the
15th day or each and every month thereafter until paid
in full.
This note may be prspsid in whole a in part at any time upon paynicrlt des penalty equal to five (396) per+aat d the prinapal sum prepaid.
Tile base etideaoed by this prom'asory note has ban made p~ursuaat to Chapter 6Sti~ Florida Statwa as awhoritad by 6E7.12, Florida Statuue.
and the payee barest bas made the loan throush a lioensa under Chapter 44~. Florida Statutes.
p
~ payer shall be tx~edited first on the interest due, and the remainder on principal: and intaeri shall tber+eupon saes upon tbt
itei. 1
The malcsn and endoaea d this note further apse to waive demand. notioe dnon-payment and protest. and in the event suit shall be
for the colMctioa hereof. a the ume ha: to be collected upon demand d an attorney. to pay teawaabk attorney's hles(a makinssuc~
' ' Bost.
Dekrred payments hereunder shall bear interest at the rate of twelve percent per annum from trlaturity until paid.
Tba riots a secured dy a mtxtpse d even date herewith artd isja be cofrtruod and entorad aecordifiS to the taws dthe State d Florida;upon
` detauk in tba payment d prir>ctpal and/or interest when due. the whole sum d pri ipal and interest 'nuts unpaid shall, at tht:.option d
the holders. beware immediately doe and payable. sera
S ~ (SEAL)
(SEAL)
Prepared by Stanley H. Spieler. Attorney - 2~0 ~isaylte Slvd.. Miami. Florida
and shall perform, comply with and abidt by each sad every the Niptilations, agrcemrnts, conditions covetlaa o
said promissory note and of this deed, then this deed and the estate thrieby heated shall cease and be mill and'void. -
I . The Mortgagor hereby covenants and agrees: _
(a) To pay all and singular the principal and interest and other sums o[ mosey payablg by virture of said promissory note and this deed,
or either, promptly on the days respectively the same srvrrally hrcomes due.
(h) To permit. ccrnmit or +uffrr no wasce and to maintain the improvements at all times in a state of good repair and condition, and to do
or permit to he done to said premises nothing that xill alter or change the use and .character of said property or in any way impair Or
N•eakenthe security of this mortgage. And in csx of the refusal, neglect ur inahility of the hlortgagor to repair and maintain aid property,
the Mortgagee may, at his option, make such repairs or cause the same to be made, and advance moneys in that behalf.
(c) To pay all and singular the taxes, asxssments, levies, liabilities, and obligations of every nature on said described property each and
every when due and payable according to law, before they become deliyurnt, and to deliver to the Mortgagee on or before March 15th of
~ each year tax receipts e+idencing the payment of all lawfully imposed fazes for the preceding calendar year;to indemnify the Mortgagee
upon his demand for all taxes, assessments and charges that may be assessed upon this mortgage on the indebtedness xcuted hereby, and
paid by the mortgagce, 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 and singular the cysts, charges and ezpenxs, including lawyen'• fees and abstract costs reasonably 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
stipuiatiom, agreements, cronditbns and covenants of said promissory note and this deed, or either, and every such payment shall bear
interest from date at the rate of ten (10`X0 per centum per annum.
(t) tt is further convenanted and agreed by said parties that in the event of a suit being instituted to foreclox this mortgage, the Mort-
gagee shall he entitled to apply at any tirtte pending such foreclosure wit to the court having jurisdiction thereof for the appointment of O
a receiver of all and singular the mortgaged property. and of all rents, incomes, profits, issues and revenues thereof, from whatsoever O~
source derived: and thereupon it is hereby expressly convenanted and agreed that the Court shall forthwith appoint such receiver with the
usual powers and duties of receivers in like cases; and said appointment shall be made by the court as a matter of striM right to the Mort-
gagee, and without reference to the :dequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insol-
rrncy 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 as an admitted equity and as a
matter of absolute right to the Mortgagee and that the same may be done without notice to the Mortgagor.
In If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim whether
alleged to he superior r.r junbr to the lien of this. mortgage, the Mortgagee may at his option immediately upon institution of such suit or
during the pendency thereof deciare this mortgage and the indebtedness secured hereby due and payable forthwith 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 insured as may tt1~
be required fmm time to time by the Mortgages against bss of fire, windstorm and other harards, casualties and contingendes for such
perads and for tat less than such amounts as maybe requited by the Mortgagee and to pay promptly when due all premiums for such
insurance. The amounts of insurance required by the Mortgagee shall be the minimum amounts for which aid insurance shall be written
- and it shall be incumbent upon the Mortgagor to maintain such additional insurance ss may be necessary to meet and comply fully witA all
oo-insurance requirements contained in said policies to the end that the said Mortgagor is not a co-insuror thereunder. Inwrsnce shall be
written by a company or companies approved or designated by the Mortgagee and all policies and renewals thtreof dull be held by the
Mortgagee. All detailed designatiotss by the Mortgagor which are accepted by the Mortgagee and a!1 agreements between Mortgagor and
Mortgagee relating to insurance, now eaisting 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 succeswn 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 terminsl'an thereof, shall be siren to
other than the Mortgagee, except by proper endorsement affixed to wch policy and approved by Mortgagee. Each policy of insurance ~
shall have affi:ed thereto a Standard New York Mortgagee Clause without Contribution, making all bas or bases under such poUcy
payable to the Mortgagee as its interest may appear. In the event any sum or sums of money become payable thereunder the Mortgage
shall have the option to receive 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 wairing or impairing any equity, lien, or right under and by virtue of this ntot!-
gsge. In event of bss or physics) damage to the mortgaged property' the Mortgagor shall give immedute ratite thereor by mail to tM
Mortgagee and the Mortgagee may make proof of loss if the ame is not made promptly by the Mortgagor. In event of forecbsttre or 1
d