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HomeMy WebLinkAbout0891 Recewed • ~ - 93 In Payment Ot Texes !_~b~1`:1 5- 50 , 266- 6 I Dues On Class "C" Intenpible Persortat ~roM?ty, pursuant To Chapter 71. 134. Actg O+ ~ 971. T ~ - i- i_ r • ROGER POITFtAS y~~ 1 ~ - M i f.'t. H • - rti'~• / Cler! Circuit Cotta, St. LtJCIe. Co., Flt.. ` 'i ~ " 6 •__:ic MORTGAGE made the day below set forth between the Mortgagor below named and the Mortgagee, M ETROPOI.ITAN MORTGAGE CO., a Florida corporlation. W HEREAS, the Mortgagor is indebted to the Mortgagee as evidenced by a certain mongage note (Note) of even date from the Mongagor to Mortgagee as described below. To secure to the Mortgagee the performance by the Mortgagor of all his agreements set forth in this Mortgage and the Note, including the reQayment of the indebtedness evidenced by the Note, interest thereon, sums advanced by the Mortgagee in accordance with the provisions of this Mortgage to protect the lien and secunty thereof, and interest thereon, the Mortgagor does hereby mortgage, grant and convey to the Mortgagee the real property described below together with (a) all easements, rights, tenements, hereditaments, rents, issues and profits appurtenant thereto; (b) all buildings, structures and improvements now or hereafter located upon said real property, (c) all of the following presently attached thereto: pipes, plumbing fixtures and equipment, electrical conduit and wrong and fixtures, heating and cooling and au conditioning equipment and fixtures, sprinkling and irrigation equipment and fixtures, pumps, fences and awnings; and (d) range, oven and refrigerator Qresently upon the premises; all of the foregoing arc herein referred to as the "Property." To have and to hold the same unto the Mortgagee, its successors and assigns in fee simple. The Mortgagor convenants that he is lawfully seized of the estate hereby conveyed and he has the right to mongage, grant and convey the Property, that the Property is unencumbered except as may be below noted, and that the Mongagor will warrant and defend the title to the Property against aU claims and demands - And the Mortgagor covenants and agrees as follows: " 1. To promptly pay when due the principal of and interest on the indebtedness evidenced by the Note and prepayment and late charges as provided therein. " 2. To pay all taxes, assessments, charges, fines and other impositions of governmental authority against the Property within sixty (60) da}•s of when due or sixty (60) days prior to the same becoming delinquent, whichever may first occur" 3. If it is noted below that this is a second or other subordinate ranked mortgage, then to promptly pay when due principal and interest owing under mortgage(s) of higher priority ("Prior Mortgage(s)"), to promptly pay to the holder(s) of Prior Mortgage(s) sums due on account of taxes and insurance premiums as may be provided for undo the provisions of the Prior Mortgage(s), and to otherwise fully, promptly and completely keep and perform all of the promises and convenants of the mortgagor under Prior Mortgage(s) and the promissor}• note(s) secured thereby; all of the foregoing without regard to an}• waivers, extensions or indulgences granted by the holder(s) of Prior Mortgage(s? unless with the prior consent of the Mortgagee. • 4. Not to apply to, request ot, receive or accept from any holder of any Prior Mortgage any mone}•, funds or things of value which would, might or could be considered as an advance secured by the lien of such Pror Mortgage.. 5. 1Vot to commit waste or permit or suffer the impairment or deterioration of the Property; not to erect or permit to be erected any new buildings on the Property or any structural alterations to existing buildings without the Mortgagee s prior written consent; to comply with all subdivision restrictions and zoning and other regulatoq• laws and ordinances affecting the Properly. If the Property is a condominium unit, the :Mortgagor shall promptly and completely perform all of his obligations under the declaration of condominium and the condominium association's articles of incorportation, by-laws and rules and regulations and other constituent condominium documents including but not limited to the payment of all regular and special assessments, the liens for which against the Propert}• might or could have priority over the lien of this mortgage. if the Property is part of a planned unit development, the Mortgagor shall promplt}• comply with all provisions of the declaration of covenants and restrictions establishing the same and shall promptly fulfill all his obligations under the constituent documents of the planned unit development including the homeowners association's or its equivalent's articles and b}•-laws and shall promptl}• pa}• all assessments or charges of every nature (no matter how designated) the lien for which against the Properly might or could have pnority over the lien of this mortgage. 6. To keep all the Property insured as may be required from time to time by the Mortgagee against loss by fare, windstorm, hazards, casualties and contingencies for such periods and for not less than such amounts as ma}• be reasonably required by the Mortgagee and to pay promptly when due all premiums for such insurance" The Mortgagor agrees to deliver renewal or replacement policies or certificates therefor to the Mortgagee at least fifteen (1 S) days prior to the expiration or anniversary date of the existing policies. The amounts of insurance required by the Mortgagee shall be minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully with all co-insurance reyuirements contained in said policies to the end that the Mortgagor is not a co-insurer thereunder. Insurance may be written b}• a compan}• or companies approved b}• the 1~lortgagee (which t approval shall not be unreasonably withheld) and all policies and renewals shall be held by the Mortgagee unless in the possession of a holder of ~ a Prior Mortgage. All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreements betwcen the Mongagor 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 set forth verbatim herein and shall govern both parties hereto. \o lien upon any policy of insurance or upon any refund or return premium which may be payable on the cancellation or termination thereof shall be given to other than the Mortgagee except a holder of a Prior Mortgage or by proper endorsement affixed to such policy and approved by the Mortgagee. Each policy of insurance shall have affixed thereto a Standard New York Mortgagee Clause Without Contnbution making all loss or losses under such policy payable to the Mortgagee as its i interest may appear. In the event any sum or sums of money become payable thereunder the Mortgagee shall have the option to receive and apply the same on account of the indebtedness secured hereby or to permit the Mortgagor to receive and use it or any part thereof without waiving or impairing any equity, lien, or right under and by virtue of this mongage. In the event of loss or physical damage to the Properly the Mortgagor shall give immediate notice thereof by mail to the Mortgagee and the Mortgagee ma}• make proof of loss if the same is not promptly made by the Mortgagor" in the event of foreclosure of this mortgage or other transfer of title to the Propert}• all right, title and interest of the Mortgagor in and to the insurance policies shall pass to the purchaser or grantee. 7. If the Mortgagor fails to perform his covenants and agreements contained in this mongage, or if the 4ongagor fails to perform any dut}• or obligation arising under a Prior Mortgage (including the payment of principal and or interest, deposits on account of taxes and insurance premiums and late charges even though the holder of the Prior Morlgage has made no demand thereunder and has not threatened any action in connection with the same), or if any action or proceeding is commenced which materiall}• affects the Mortgagee's interests in the Property, including but not limited to eminent domain or code enforcement or arrangements involving a bankrupt or decedent, or if there is an apparent abandonment of the Property, then the Mortgagee at its option may pay to the holder of a Prior Mortgage all or pans of the sums necessary to bring the Prior Mortgage current, may make appearances, may enter upon and secure the Property, may disburse such other sums (including but not limited to the payment of insurance premiumsand taxes), and ma}• take such other action as the Mortgagee reasonably deems necessary or advisable tb protect his interests in the Properly, all without regard to the value of the Properly" Any amounts disbursed by the Mortgagee p pursuant to the provisions of this paragraph, together with interest thereon at the rate of tweh•e (12 per cent poi annum shall become `t additional indebtedness of the Mortgagor secured by this mortgage. Unless the Mongagor and Mortgagee agree in venting to some other terms ~f payment, such amounts shall be payable immcdiatcly. Nothing in this paragraph shall reyuire the Mortgagor to incur any expense, make any disbuzsement or take any action whatever. ~ B" Al! proceeds of any award or claim for damages direct or consequential in connection with an}• condemnation or any other taking by eminent domain of the Property or any part thereof, or for conveyance in lieu of condemnation or eminent domain are hereby assigned and shall " .y be paid to the Mortgagee. Unless the Mortgagor and Mortgagee otherwise agree in writing (a) all proceeds received by the Mortgagee shall be ~ applied to the sums secured by this mortgage without imposmon of am• prepayment charge, and (b) the application of proceeds shall not extend ~ or postpone the due date of installments of principal and interest or change the amounts thereof. 9" Any forbearance by the Mortgagee in exercising any right or remedy hereunder or otherwise afforded b}• applicable law shall not be a waiver of or preclude the exercise of such right or remedy" The procurement of insurance or the payment of taxes or other liens orcharges or the payment of sums under a Prior Mortgage by the hlongagee shall not be a waiver of the :Mortgagee's right to accelerate the maturity of the indebtedness secured by this mortgage. All remedies provided in this mortgage are distinct and cumulative to any other right or remedy under this mortgage or afforded by law or equity and may be exercised concurrently, independently or successive!}•. 10. To pay all costs charges and expenses including attorney's fees (whether or not litigation occurs and if it does then those on appellate as ,.a well as trial level) and abstract costs reasonably incurred or paid at any time by the Mortgagee because of the failure on the pan of the Mortgagor to perform, comply with and abide by all of his covenants set forth in this mortgage and, or the Note and, or Prior Mortgage(s) and the promissory notess) secured thereby. 11. The Mortgagee is a licensed mortgage broker under Chapter 494• Florida Statutes. ec~~ pp ~ ZPrepared by Stanley H. Spieler, 4700 Biscayne Boulevard, Miami. Flonda