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BECEIrE/ f 4. O M MYMENT Oi TA>tE!
wlE al cuss ~ OtTApi!!<lE ?ERSOKAI rttoa~ttTr, 47~~,19
*IIR:YItMT TO GMAPTEit 71-':4, ACTS OF »71.
RCCER ~i 1T..Ai ~ ~ c ~ f
Ct?ERK CtBCNT COURT. tT. t.Y.aE CO., RiL~~ i~~, t. ~i?~~ ~ ~ i
MORTGAGE made the day below set forth between the Mortgagor below named and the Mortgagee, METROPOLITAN MORTGAGE
CO.. a Florida corportation.
W HEREAS, the Mot~t~gor is indebted to the Mortgagee as evidenced by a crrtaia mortgage gore (Note) of eves date from the Mo»gagor
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
repayment of the iatkbtodaess evidenced by the Note, interest thereon, sums advanced by the Mortgagee in aocordanoe with the provisions of
thrs Mortgage to protest the lien gad aecunty. 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, t[nCmCnts, hereditaments, rcpt:, issues gad profits
appurtenant thereto; (b) sll buildings, structue+es and improvements now or hereafter located upon said real property, (c) aQ o[ihe following
presently attached therao: pt'pts, phunb~irig fixtures gad equipment, electrial conduit and winog and fixtures, haatiag acrd cooling gad air '
couditioaurg equipmeu: and utures, 3priakting gad irrigauoa equipment and fixtures, pumps, ferrces and awnings; gad (d) range, oven and
reG•igetator ptYSCatlytipon the premises: all of the foregoing are berates rafsrrod to as the "Property." To hav~aad to hoW the same unto the
Mortgagee, its suoassors gad asscgas m foe simple. '
The Mortgagor ooaveaants that he is lawfully seined of the estate hereby_conveyed and he has the right to mortgage, grant and convey the_
~perty, that t!
WPro
~u~uae~~~red except as may be below noted, gad that tlx Mortgagor will warrior and defend the title to the ~
pMy
And the Mortgagor-covenants gad agrees as follows: ~
1. To promptly pay when due the principal of and iatceest on the indebfedness evidenced by the Note sad prepayment and late charges as
provided therein. ~
2 To pay ill taxes, assessments, charges, fines and other imQositioas of governmenW authority against the Property within surly (b0) days
of-when due or sixty (ti0) days Prior to the same becoming dehaquent, whichever may that oocur_ d
3. U it is aot~+d below that this is a second or other subordinate ranked mortgage, then to promptly pay when due prineipsl and interest
owing under mortgage(s) of higher priority ("Prior Mortgage(s}', to promptly pay to the holder(s) of Prior Mortgage(s) sums duo onaccount of -
taxes gad insurance premiums as may be provided for under the provistons of the Prior Mortgage(s), gad to otherwise fully, promptly gad
completely keep and perform all of the promises and coavoaants of the mortgagor under Prior Mortgage(s) gad the promissory note(s) secured
thereby; ap_of the foregoing without regard to any waivers, extensions or indulgences granted by rho holder(s) of Prior Mortgage(s) ualeu with
the prior consent of the Mortgagee.
4. Not to apply to, request of, receive or accept from an; holder of gay Prior Mortgage gay money, funds or things of value which would,
might or could be considered as an advance secured by'the lira of such Prior Mortgage.
S. Not to commit waste or permit or suffer the impairrreat or deterioration of the Property; not to erect or permit to be erected aa)r new
buiMings en the Property or any structural alterations to existing buildings without the Mortgageds prior written consent; to comply with all
subdivision restrictions and zoautg gad other regulatory laws and ordinances affecting the Property. if the Pmpert~ is a condominium unit, the
Mortga~or~sha.,l,promptly gad completely perform all of his obligations under the declaration of condomimum gad the condominium
association s articles ofiacorportatioa, by-laws and re:ks and regulations gad other cooatituent condominiwn documents including but not
limited to the payment of aq ~r and special assessments, the liens for which against the Property might orcould have priority over the lien of
this mortgage'. If the Property rs part ofa planned unit development, the Mortgagor shall prorupity comply.with all provisions of the dxlaratioa
~f 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 ~oquivakat's articles and by-laws anti shall promptly psy ~!l assessments or
charges of curry nature (ao matter how designated) the lien for which against the Property might or could have priority over the lien of this
mortgage: f
6. To-keep all the Property insured as may be required from rime to time by the Mortgagee against loss by f_. ,windstorm, hazards,
caspalties and contingencies for such periods and for not less than such amounts as may be reasonably required by the Mortgagee gad to pay - ;
promptly when due all ppremiums for such insurance. The Mortgagor agree>i to deliver renewal or replacement policies or certificates therefor to
rho Mortgagee at kart fJteen (1 S) days prior to the+xpiration or aaaiverary date of the existing policies.'1'lie amounts of irisuraaoe r+oquired by
the Mortgagee shall be minimum amounts for which said insurance sfiatl be written and it shall be incumbent upon rho Mortgagor to mair?tain
such additional iiuuraace as may be necessary to meet and comply fully with all co-insurance requircmoats coatarnod in aaid.policies to the end
that the Mortgagor is not a coaasurer thereunder. Insurance may be wnttem by a company or companies approved by the Mortgagee (which
approval shall not be unreasonably withheld) and all policies and renewals shall be held by the Mortgagee unless in the possession of a Mlder of
a Prior Mortgage. AU detailed designations by the Mortgagor which are accepted b)r the Mortgagee and all agreements betweta the M•_ -igagor
and Mortgagee relating to ia;:urauce, now existing or hereafter made, shall be in writuig and shalt be a part of this mortgage agreement as.ulty as .
though get forth verbatim herein and shall govern both parties hereto. No lien upon any polity of insunnot or upon any refund or return ~
premium which may be payable on the canocllatioa or termimtion tlxreof shall be given to other than the Mortgagee except a holder of a Prior '
Mortgage or by proper endorsement affixed to such polity and approved by the Mortgagee. Each policy of insurance sluiU have a[fuced thereto a
Standard New York-Mortgagee Clause Without Contribution atakiag all loss or losses under such polity payable to the Mortgagee as its
interest may appear. In the event any sum or sums of rponey become payable thereunder ilx Mortgagee shag have the option to receive and -
ap(ily the same on account of the ind¢Ilt4d seca)od lxrcby or to permit the Mortgagor to receive and use it or any part thereof without
waiving or impairing any equity, lien, or
nichdet and by virtue of this mortgage, In the event of loss or physical damage to t>u Property the
Mortgagor shall give immediate notice thereof by mail to the Mortgages: and the Mortgagee may make proof of loss if the same is not promptly
made by the Mortgagor. [n the event of foreclosure of this mortgage or other traatfer of title to the Property all right, tick 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 mortgage, orif the Mortgagor fails to perform any duty
or obligation arising under a Prior Mortgage (includii,:, the payment of principal and/or interest, deposits oa account of taxes and insurance
premiums and late charges even though the holder of the Prior Mortgage has grade ao demard thereunder and has not threatened gay action in
conrx~ioa with the same), or if gay action or proceeding is commenced w;iich materially affects the Mortgagee's interests in the Property,
including but got limited to eminent domain or code enforcement or arrangenatnta involving a bankrupt or d~ :event, or if there is an apparent
abandoameat of the Property. then the Mortgagee at its option may pay to the holder of a Prior Mortgage all or parts of the sums necessary to i
bring the Prior Mortgage cumat, may make appearances, may enter upon and secure the Property, may d;'sburso such other sums (including i
but not limited to the payment of insurance prcnuums and taxes), and may take such other action as the Mort
gagoe reasonably deems necessary i
or advisable to protect his interests in the Property, ail vl+hout regard to the value of the Property. Any amounts rabursod by the Mortgagee
pursuant to the provisions of this paragraph, Ibgether with interest thereon at the rate ofFO21Y'teell 1!}°fo~ percent per annum shall
become additional indebtedness of the Mortgagor secured by this mortgage. Ueiless tGe Mortgagor and Mortgagee agree is writing to some i
otlxr terms of payment, such amounts shall be payable immediately. Nothing is this paragraph shall require the Mortgagee to incur gay !
. expense, make gay disbursement or take any action whattves.
8. All proceeds of any award or claim for damages direct or consequential in connection with any condemnation or any other taking by lj
eminent domain of the Property or any part thereof, or forconveyance ~a lieu of condemnation or eminent domain are hereby assigned and shall
be paid to the Mortgagee. Unless the Mortgagor and Mortgagee otherwise agr+oe in writing fa) all proceeds received by tba Mortgages shall be
applied to the sums secured by this mortgage without imposition of any prepayment charge, and (b) the application of proceeds shall not extend-
or pa~tporte.the due date of installments of principal and interest or change the amounts thereof.
9. Any forbearance by the Mortgagor is exercising any right or remedy hereunder or otherwise afforded by spplirabk 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 otlxr liens or charges or the
payment of su under a Prior Mortgage by the Mortgagee shall not be a waiver of the Mortgageds right to aonelerate the maturity of the
indebtedness sec.by this mortgage. All remedies provided in this mortgage are distinct gad curaiiiative to any other right or remedy under
this mortgagq or afforded by law or equity and may be exercised concornntly, independently or suooessively.
10. To ~ay~lt roan charges and expenses including attorney's fees (whether or not litigation oocura gad ii it dog then those an appellate as
well as. trial kvch and abstract costs reasonably incurred or paid at any time by the Mortgagee ba;suse of the failure oa the put of the ~
!~lortgag~r to pe rm, mmply with and abide by all of his covenants set forth in this mortgage and/ or the ti rte gad J or Prior Mortgage(s) and
the proanssory r~{s) secured thereby.
11. The 11fo 'd~~ f
rtgagee is a licensed mort~ge broker under Chapter 494, Florida Statutes. t
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et.; 2 Rc*: t tr~9' oPrcpared by Stanley H. Spieki,~Attornty, 4~Of1• Biscayne Boulevard, Miami, Florida 33t3T