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HomeMy WebLinkAbout1638 TO HAVE ,AND TO HOLD the aarn0. together with the tenetaeab, het+editameata and apparteatooesr mW the INortgages.•in foe dmpb. AND the Mortgagor does hereby oovrntrnt with the Mortgagee that he t: fadefeasiblZr seimd of wid 4ad in fee simple, that be h+ta lull power and lawful right to convey said land in fee simpb as aforesaid; that it slraU be wful for the 1lfortgagea at all times peaceably and quietly to enter uppoun, hold, occupyp and enpy said Iand; that said laird is free from tU incumbrarxes; that he will make suc4 further usurarxes to protect tJw fee simple tige to said land in the Mortgagee as eraY reasonably be nrtuired; that he does hereby fully warrant the title to said fend sad will defend the :erne against the lawful clairtn of aII persons whomWiever. PROVIDED, ALWAYS, that if the Mortgagor :hall pay Dote the Mortgagee the oertaIa prouiL~sory note of which the folbwing io words anti figures is a true Dopy. to-wltt t COM111UN1TY FEDERAL SAVINGS AND LOAN ASSOCIATION OF RIVIERA BEACH r RIVIERA BEACH. FLORIDA November 30 19 79 Being indebted, for value received, the undersigrrecl jointly and severally promise to pay to COMMUNITY FEDERAL SAV- INGS AKD LOA,~I ASSOf:lATIOti OF RIVIERA BEACfi at its office in the City of Riviera Beach, Florida, or order, the sum of TWENTY THOUSAND EIGHT HUNDRED AND NO HUNDREDTHS---------_N__DOLi~~ (S. 20,800.00 ) together with interest thereon as hereinafter stated in monthly installments of TWp HUNDRED THIRTY AND 77/100ths ' ----._.__----__---_----------DOLLARS (S 230.77 The first instalbnent shall Ire due and payable on the 10th day ~ January I$O and subsftfluent instalhncnts shay) he due and payable on the 10th day of each and every calendar month lhereaRcr uutil the principal and interest are fully paid. - i Lamer sums may be paid at anp time, but the payment of any such lamer sums in addition to the payments herein re- quired shall not relieve the makers of the payment of the monthly inst;dlments herein pprovided for, unless it is specifically stipu- lated by the makers at the tune of payment that such larger sums are to Ire applied to the advance payment of the monthly install, ments nett matunng in the onler of their due dates. AU payments urade upon this note shall lx• applied first to the pa~Tnent of aecrucfl interest acrd secondly upon the principal. This obligation shall bear interest from date at the rate of thirteen------~----- per cent ( 13,QQ °10) per amurm until the principal acrd interest are fully paid. Interest for each calendar month shall tee accnred on the fiat day of said month and Ire computed on the unpaid balance of principal aril interest- existing on the last clay of the precc•diug ruonth.-This note shall I,e considered in default u•hc•n any Pay- ment required to he made hereunder shall not have been made by its due date and shall «•main in default until said payment shall have born made. While in default, this note sh:dl hear interest at the rate of fifteen------------ per cent ( 15.00 96) per annum fn lieu of the rate hereintrefore specified. All makers and errclorsers now or hereafter becoming parties hereto jointly and severally waive demand, notice of non- payment and protest, and agree that in the event of default in the payment of any installment due hereunder for a pericxl of thirty (30) days the whole of said indebtedness shall thereupon at the option of the holder, become inunfdiately due and pay- able, and if this note becomes in default and is placed in the hands of an attorney For rnllertion, to pay re•uonabk• attorney's fees a„d al) other costs including costs acrd attorneys fees of Appellate Court Prcrecedings for making such collection. 7-his note may be prepaid in whole or in part at any time without penalty. s/Mark C. Wise _ -(SEAL) s/John _P. Siktar (SEAL) - Mark C. Wise John P. Siktar s/Yvonne Wise (SEAL) s/Jane Siktar (SEAL yy w; Jane Siktar t•CtfiY~~~s Yt~t3~'ecl l,y a rrrortt;age of even date ezecuted by tr+c• makers in favor of Gnmuuuity Federal Savings and Loan Assn. of liivicra Beach ) :u+d shall promptly perform, comply with, and abide by each and every the stipulations, agreements, conditions, acrd rnvenants of said pront- iscory note aril of this deed, then the cxtate hereby crcatcfl shall mase and tee null and void. AKD the Mortgagor does hereby covenant and agree: I. To pay all and sintular the principal and interest acrd other sums of money payable by virtue of said promissory note and this mort- ,age, or either, promptly on the days respectively, We same severally come due. - 2. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nahue on said described prop- ~rt}- eaf•h and every when due amt payable acrording to law, before they become ctelinquent, and if the same shall not be promptly paid t?.~• ~lurt~?a~r c may at any time either Ix•forc or after delinquency pay a same without waiving or affeMinq the option to foreclose, or i+,y right hereunder, and every payment so made shall bear interest from the date thereof at the rate provided in said promissory note. 3. To kfrp the buildings and all equipment acrd personal pr rty now or hereafter on said premises, covered by this mortgage, insured in a sure at least erpral to the unpaid balance of this mortKage, inc uding fire, flood, extended coverage, vandalism, malicious mischief, and ~r,y other c•c,verat;e aired by the nn,rtcagfr, as to properties other than dwellings, and fire, flood, extended coverage, special-form other-perils ur.urana•, and any ot~er coverage ie~t111RY1 by the mortaa;ee, on dwellings eligible for such broadened coverage -provided, however, d,at such insnranr~• !x: in an anxrunt sufficient to cornplk• with any co-ir+surance rertuirements covering same under the laws of the State of Florida, and proa•ich•cl further that the polic~• or policies shall be written in a comp.•cny or companies and through an agency satisfactory to dre Mort- ~a~re and that said polic•v or Ixrlicic•s shall Ire held by the I•lurt};ayce aril shall (rear a standard Kew fork Mortgagee Clause w-it!rout coutribu- tion, makiu the loss under said Jwlicies payable to the Mortt;agce as its interest may appear, and in the event any sum of money becomes p a.+b!e under am- such policy or policies, the Mort<1a~;ec sh:+ll 1+aar the option to receive aril apply the same on account of the irxlebtedness h:•:c•hy sf•cnr• d, or to permit the Slo+ttat:or to receive and nx it, or any part thereof, for other purposes, without thereby svaivim~ or impair- ~ an>- egnrty, lien, or ri:~ht unde* and b}• airtue of this mortras;e; and in the event the ~lortfiaror does not compply with this cosrnant, t}re >t~,rt~.+ece• may ppl:u e sr,.l p:,c fur su•?: insnrancc. r,r any part thereof, w•ithart w•aivin¢ or affecting, the option to foreclose, or any right here- nn~!r•r, :aul the (rdl :uucnurt of each ane! every such paymmnt shall Ire, immc•fliately 11rrr arrfl payable, and shall bear interest from the dater thereof ru+hi paid at the default raft prow?rYl in said acre, are! trr~_r•!l:er with such interest shall he secured by the lien of this rnortga,r•. Im~~r- mcr cuve•ri+rr the peril of flcxxl damas;e shall t»• as m•tuire.l by the Federal Disaster Protection Act of 1973, or as amended, and ;norttagor c ou•n:n+ts arnl a~.rees to comply in all respects .cith the provisions thereof. 9. T?,at mort¢a~er may, at any fime dnrine the nu,rteaef term. anal in its discretion, apph• fur renewal of mort¢a¢e guaranty insur.r:u•• r osrrieL the nnrrt~ate• exr•c•ntecl by d,c urrdersieneel on esrn date herewith, ppay the premium due by reason thereof, and require repayment the and+•r~i_nerl of ~nrL arnonuts as are a,a•:+roed by seta mcrrt~a~Rr. fn tf,c event of failure by the undersit;ncd to rc{iay swirl amounts to ::u•I mort_•aecr, such fa+lure shall t,e• ronsir'tred a default. and all provisions of the note and rnortRage with mgard to default shall l,e applic- ahlc. :uo tt~a nr ff rjker therrbt+ildin~~cfon ~ i,j ante, impairnrent or deterioration of said protrertY, or any part thereof, and upon the failur•• of the p property in ccrcxl ccrnrlitiun of repair, the ~1ort,:r¢ee may demand the immediate «•pair of said b+rild- ioec• or an in+ rf•asr in t!iu ;imrnrnt of sr•f urity, or the imnr.•+liate re•pavmrnt of the df•bt hereby secrued and the failure of the ~lortRaenr to cnrn- pta- .with s:+id ch•maal of the Mortt;aK;-f• for a perifxf of thirty (30) ~ayc, shall rnmtitute a br••ach of this mortgage, and, at the option of the Murtt!a~r•e. i;rnrr diately mature the entire amount of princtipal and interest hereby seearecl, and immediately and without notice, the MortgaCc•e pray institute procfrclin~*s to (orcxlose this mortgage arxl apply for the appointment of a Receiver, as hereinafter providef. 11tI AA ¦ ww.~.