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Home My WebLink About2926 r- T, t t • ' I PROVIDED, ALWAYS, that if the Mortgagor shall pay unto the Mortgagee the indebtedness evidenced by a certain promissory note of which the following in words and figures is a true t~py to-wit: S,10.,~2~•..O(1 FCRT L:IU ~2:Ri)i1Li~, F ~ ~ ,19~ For value reosivsd, I or Wb, promise to pay to the order of .IACK K . ;~lHITAKER theprindpal~umof Tr=iy Tlitlti: dNI~-FTY~ HIJ.AT113:::n_T~~:"'NTY FI 'IrTD can/~M - Dollars, (s10, 5?5.00 together with interest thereon from ~rl~tly - , at the rate of rz-i ~o,~n, per Dent per sham until maturity, said principal and Interest being payable as follows: Interest only, payable monthly; first payaent due ;~ecember 15, 1979 an3• every month thereafter until i~iovember 15, 191 at which time the entiro principal and accrued interest shall become duo and payable. Privilege of prepayment ~?fter one yoar and thereafter at a penalty of 3 of the unpaid balance. EaGt rttakar arts enoawr aavarally travM eerrtaftd, protaei and rtolloe of RtMu?Ny, non-payment Or prOtMt arW all rpulrMtarMa Moaagry l0 h01d Mph 01 ttNm tlaDla Y frlekafa and andoraara. - F.adt eWtar and ertdorw ftrrtMr apreae pIMM and eetrarally to pay eN ttoatebf oolleetlon Ytdttdtttp a raaeonaWa Attorrtay'e tea M taw tits prktdpal 01 title rota err any paytrtaM On ttn prktdpal er eny Irtlarael thereon a not peW at tM reapeaM rrtatttrlty tltareof, or In raw K beoontsa neoeaeery to prolad tM eetxrrlty tMreof, wANher ettn De trrwelM w nol. Thle hots and deterred IrttareM paymattle ettall tear MtlereM al ttn rela of per oartt par sham tram rrwurHy anal pale. 71tb hots M eautrad M a mortpepe d swan Bata Mraartth and b ro Oa oortstrwd artd anforcad aooordirq to ttte laws M tin State of F lorida upon aetatrtt to IM payment of pr p art w ntereN tlw an any hots satured by eerd tNoApepa. all rtMM eo eetatred and remairtinp unpaid shall brlhwHb tnoon» Otte ttnd payabN notwitlntartdMtp thMr ItMtor. s/Eugene H. Kolek ISEALi ::.'UG~N3 H. ~.OLEK s/Elizabeth L. Kolek lsEA<l ELIZABETH L. KOI,~K, HIS ;~rTFE and shall perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory note and of this deed, then this deed and the estate thereby created shall cease and be mill and void. 1- The Mortgagor herebycovenantssnd agrees: la? To pay all and sittgtilar the prirtdpal and interest and other sums of money payable by virtue of said prornissnry rote and this deed, or either, prompth• on t he days respectively the same severally bccotrtes due. l hl '1•o prrtttit, conunit or suffer ro waste and to maintain the improvements at aU times in a state of good repair and wndition, and to do or permit to be done to said premises nothing that will alter or change the use and character of said property or in arty way impair or weaken the security of this ~ mort r e. And in case of the refusal, or inabilit of the Mo tore rand maintain said the Mo ttte at his ?on, make K K neglect Y KSaga P+i P~tY• ?t8agee Y. ~ ' .uch repairs or cause the same to be made, std advance moneys in that behalf. f Icl To pay all and singu4r the taus, assessrrtents, levies, liabilities, and obligations of every nature on said described property each and every when due and payable according to 4w, betore they become delinquent, and to deliver to the Mortgagee on or before March 15th of each ycar to receipts € evidencing the payment of a114xfdty imposed taxes for the preceding calendar year, to idcmrtify the Mortgagee upon his dtxnand for all tares, assess- mentsand charKes that may be assessed upon this mortgage on the itdebtedaess secured hereby, std paid by the morgagee, without regard to any 4w heretofore enacted or hereafter to be enacted imposirtg payment of the whole or any part thereof upon the Mortgagee. 1 s ldt To v all and si 4r the costs, char and ex uses, incltdin 4 s' fees and abstract costs rensonabl tnturred or at an tittle b the Pa. ~ g~ [x g wyK Y • t~ Y Y ~lortgaKea• because of the tailtue on the part of the Mortgagor to perform, wrrtply with and abide by each std every the stipulations, agreernettts. conditions 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 (10961 per centttm per annum te? It is further covenanted and agreed by said parties that in the event of • suit being instituted to foreckne this mortgage, the Mortgagee shall be entitled to apply at any tithe pending such foreclosure suit to the wort having jurisdiction thereof for the appointment of a receiver of all std singular the mortgaged Property. and of all rents, incomes, profits, issues and reveutttea thereof, from whatsoever aoura derived; and thereupon it is hereby expressly covenanted and agreed that the Court shall forthwith appoint such receiver with the astral powers and duties of receivers in Glee rases; and said appoint- ment shall Ire made by the court as a matter of strict right to the Mortgagee, std without refertxtce to the adequacy or inadegtncy of the value of the pro- perry hereby- mortgaged. or to the solvency or insolvency of the Mortgagors or any other party defendant W such suit. The M ortgagor hereby sperif- ically waives the right to objtxt to the appointmatt of a receiver as aforesaid and hereby expressly tx?nser?ts Chet such appointtnatt 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. i f t I f forec4~wre proceedings should be instituted against the property covered by this mortgage upon any other lien or c4im whether alleged to be suprn~~r o? IunN~r to the lien of this mortgage. the Mortgagee may at his option itnmediateay upon institution of such suit or during the pendatcy thereof declare chi. m~atKage and the indebtedne±. secured hereby dur and payable forthwitA and may at its option proceed to fore+•ktse this mwtgagt ~ K 17'hat the Mortgagor will keep all real and personal property now or hereafter encumbered by the lien of this mortgage insured as tnay be required from time to umt• be the Mortgagee against bss by fire, windstorm and other hazards, casualties and contingencies fer such periods and for not less than r such amounts as may be required by the Mortgagce and to pay promptly when due aU premiums for such insurance. The amounts of insurance required 3 by the Morgeger shall rte the rrunimum amounts for which said insurance shall be written and it sltalllte incumbent upon the Mortgagor to maintain such addtuonal insurance as may be necessary to rneet and rnmply fully with all exrittsttrattce requirements contained in said poGraes to the end that the said ~1ortRaKor is not a w-insuror thereunder. Insurance shall be written by a company or wmpatties approved ex desigtuted by the MoKgagee and all poG- cw•, and renewals thereat shall be held by the Mortgagee. All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agree- - ~ mt•nt. I.et wren :lfortgagorand Mortgagee re4ting w insurance, now a:tsting or hereahe!r made, shall be in writing and shall be a part of this mortgage ~ aKn•e•mrnt as fully as though set forth verbatim herein and shall govern both parties hereto and their successors and assigns- No Gat upon say of said prrl~c tee of incur:rtes or upon any refund or return premium which may be payable on the cancellation or termination thereof, shall be gives W other than the Mortgagee, except by proper endorsement a(fito•d to such polity and approved by Mortgagee- Each policy of ittstuartce shall have affized thereto a Standard New York Mortgagee (cause without l'ontnbutivn, making au loss sir tosses under such policy payable to the Mortgagee as its ititerest may ap- pear. In the event any sum e?r stuns of money become payable thaettrida the Mortgagee shall love the option to receive and apply the same stn account o(lhe indebtedness hereby secured. or to permit the Mortltagor to receive and use it, err any part thereof, without thereby waiving err impairing any egtti- ti, lien, or right tinder and by virtu of thu mortgage- In event of loss or physial danuge to the mortgaged property the Mortgagor shall give inurtediate a ~ BOOK PdCE a "320 292