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HomeMy WebLinkAbout0727 s~ ~ - • 0 4'5313 RecswPrt ~ In Ps~MM 01 Tttso~ i~ c f T ~ ~ ~ - - Ou~ nn :z 'c•' tntangibls Pareonpt ~q• _ = ~~t1~1 ~ N ; A R 7 . - r- ~ ~ ~ i ? y n~ uc~ritvt:r~tit-_ ~ _ ~ 5 i r~ r t r; A girwanr To Chaptsr 71. 134. Acct Oes's' / ~ r a - - _ _ ROGER PoITRAS yd~ Pa. - -~5-a~+w r=~~;~;j - O ~ (p,3 0 r_ta.y circuit coon. st. ~ucM. Co., Fh. ~ 1 ~ MORTGAGE made the day below set [orth between the Mortgagor below named and the Mortgagee, METROPOWTAN MORTGAGE CO., s Florida corportation. W NEREAS, the Mortpgor u indebted to the Mortgages as evidenced by a certain mortgage note (Note) of even date from the Mortgagor to Mortgagee as described below To secure to the Mortgagee the performaaoe by the Mortgagor of all his agreements set forth is this Mortgage and the Note. including the rcQsyme~t of the indebtedness evdetiad by the Note, interest thereon,:ums advanced by the Mortgagee is aceordanoe with the provisions of tha Mortgage to protect the lien sad setitrity thereof, sad interest tbereoa ~ Mortgagor doe: hereby mortgage. grant and convey to the Mortgagee the real property described below togeWer with (a) all easements, rights, tenements, bereditameats, rents. issues sad profits appurteaaat thereto: (b) all bwldiaga. atntctures and improvemeata now or hereafter located upon acid real property, (c) aA of the following presently attached thereto: pipes, phtmbina fixtures and equipment, electrical conduit and wiring and fuctuns. beattng and cooling and air conditioning equipment and cures, span brig and irrigation uipment and fixtures, Pumps, knees and awnings; and (d) range. oven and refrigerator praent(y upon the premises: all of the foregoing are herein referred to as the "Property." To have and to hold tbe:aaese unto the Mortgagee, tts sttoceasors sad assigns is fee simple. The Mortgagor comveaanta that 6e is lawfully seined of the estate hereby conveyed sad he has the right to mortgage, grant sad convey the property, that the Property is unencumbered except as may be below noted, sad that the Mortgagor will warnnt and defend the title to the Property agatnat all claim sad demands. And the Mortgagor covenant: and agrees as follows: 1. To promptly pay when due the principal of sad interest on the indebtednsss evidenced by the Note sad prepayment and late charges aes provided therein. , L To pay all taxes, a::euments, charges, fuses sad other impositions of governmental authority against the Property within softy (60) days of when due or suety (60) days prior to the same becoming delinquent, whehever may first occur. 3. U it is noted below that this is a socoid or other subordinate ranked mortgage, then to promptly pay when due principal sad interest owing under mortgage(:) of higher priority ("Prior Mortgage(a)'~, to promptly pay to the holder(:) of Pnor Mortgage(es) sums due on account of taxes and insuntice premiums as may be provded [or under the provisions of the Prior Mortgage(s), and to otherwise fully, promptly and completely keep std perform all o(the promises and conennants of the mortgagor under Prior Mortgage(s) and the promissory ante(s) secured thereby; ail of the forego'wg without regard to any waivers, extensions or indulgences granted by the holder(:) of Pnor Mortgage(s) unless with the prior consent of the Mortgagee. 4. Not to appply to, request of, receive or accept from any holder of any Prior Mortgage any money. funds or things of value which would. might or could be considered as an advance secured by the hen of such Pnor Mortgage. S. Not to commit waste or permit or suffer the impairment or deterioration of the Property; not to erect or permit to be erected an)r new buildings on the Property or any stnictunl alteration: to extsting buildings without the Mortgagx's prior written consent; to comply with all subdivision restrictions and zoning and other regulatory laws and ordinances affecting the Property If the Propertir a a condominium unit, the Mortgagor shall promptly sad completely perform all of his obligations under the declaration of condomuuum and the condominium assoctation's articles of incorportation, by-laws and arks and rtgttlations and other constituent condominium documents includingg but not limited to tht Pa rat of all regular and special assessments, the lieru for which against the Property might or could have priority over the lien of this mortgage. U the Property ra part of a planned unit development, the Mortgagor shall promptty comply with all provistoni of the declaration of covenants and restrictions esubGshusg the same and shall promptly [ulfill all Ws obligations under the constituent docunientes of the platiaed unit development including the homeowners association's or its e4uivaknt's articles and by-lava and shall promptly pay all as:easmenta or charges of every nature (no matter how designated) the Gen for which agaiiut the Property might or could have priority over the lien of this mortgage. 6. To keep all the Property steered as may be required from time to time by the Mortgagee against loss by foe. windstorm, hazards, casualties and contingencies for such periods arts for not less than such amounts as maybe reasonably required t?)r the Mortgagx and to pay promptly when due all ppremiums for such insurance. The Mortgagor agrees to deliver renewal or replacement polities or certificates therefor to the Mortgagee at least fdteen (1 ~ days prior to the expiration or anwversary data of the existing polities. The amount: of insurance required by 'i the Mort~riget :hall be minimum amounts for which acid insurance shall be written and it shall be mciimbent upon the Mortgagor to maintain such additional insurance as may be >secessary to meet grid comply fully with all co-inaunnoe roquin:menta oontaiaod in said polices to the end that the Mortgagor snot a eo-insurer thereunder. Iasuranoe may be written by a company or companies approved by the Mortgagee (which approval shall not be unreaaonablir withheld) and all policies and renewals shall be held by the Mortgagee unkst in the possession of a holder of a Pnor Mortgage. All detailed designations by the Mortgagor which are accepted b)r the Mortgagee and all agrameats between the Mortgagor and Mortgagee relating to insurance. now existing or hereafter made, shall be in writing aid :hall be a part of this mortgage agreement as fully as though set forth verbatim herein and shall govern both parties hereto. No Gen upon any policy o insurance or upon any refund or return premium which maybe payable on the cancellation or temm~ation thereof shall be given to other than the Mortgagee except a holder of a Prior Mortg~e or by roper endorsement affuced to such poGc~r and approved by the Mortgagee. Each policy of insurance shall have affixed thereto a Standard New York Mortgagee Clause Without Contribution making all loses or losses under such policy payable to the Mortgagee as its interest may appear. In the event say sum or sums of money become payable thereunder the Mortgagee shall Gave the option to recwve and apply the same on acoouo( the indebtedness second hereby or to permit the Mortgagor to receive and use it or say part thereof without waiving or impairia~'an~ ega~,lk8, or right under and by virtue of this mortgage In the event of loss or physial damage to the Property the Mortgagor shall give immediate notice thereof by mail to the Mortgagee and the Mortgages may make prootof loan rf the same is sot prom~y made by the Mortgagor. In the event of foreclosure of this mortgage or other tramfer of tick to the Property all right, title and interest o the Mortgagor in sad to the insurance policies shall pass to the purchaser or grantee. 7. If the Mortgagor faits to perform his covenants sad agreements contained in this mortgage, or Jthe Mortgagor fails to perform any duty or obligation arising under a Pnor Mortgage (including the payment of principal sad/or interest, deposits on account of taxes and insurance premiums and late charges even though the holder of the Prior Mortgage has made no demand thereunder and has not threatened any action in connection with the same). or J any action or proceeding is commenced which materially afftets the Mortgagor's interests in the Property, including but not limited to eminent domain or code enforcement or arnngementa involving a bankrupt or decedent, or if there is an apparent abandonment of the Property. then the Mortgagee at iu option may pay to the holder of a Pnor Mortgage all or parts of the sums necessary to bring the Prior Mortgage tiirrent, may make appearar?ces, may eater upon and secure the Property. may disburse etch other soma (including but not limited to the payment of insurance premiums and taxes), and may take such other action as the Mortgagee reasonably deems necessary or advisable to protect his interests in the Property, all without regard to the value of the petty. Any am9 horsed by the Mortgagee purwaat to the provisions of this paragraph, together with interest thereon at the rate of ~iurteen l~ per ant per annum shall become additional indebtedness of the Mortgagor secured by this mortgage. Unless the Mortpgor sad Mortgagee agree in venting to some other terms of payment, such amounts shall be payable immediately. Nothing in this paragraph shall require the Mortgagee to incur any expense, make any disbursement or take soy action whatever. 8. All proceeds of any award or claim for damages direct or conseciuential in connection with any condemnation or any other taking by eminent domain of the Proppeerrtty or any part thereof, or for conveyance in lee of condemnation or eminent domain are hereby auignod and shall be paid to the Mortgagee. Uikss the Mortgagor sad Mortgagee otherwise agree in writing (a) all proaxds received by the Mortgagx shall be applied to the soma secured b)r this mortgage without imposition of any prepayment charge. sad (b) the application of proceeds shall not extend or postpone the due date of installments of prinapal and interest or change the amounts thereof. 9. Any forbearance by the Mortgagee in exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of such right or remedy. The procurement of imurance or the payment of taxes or other Gene or charges or the payment of soma under a Prior Mortgage by the Mortgagee shall not be a waiver of the Mortgagee': right to acxekrate the maturity oI the indebtedness secured by this mortgage. All remedies provided in this mortgage are distinct sad cumulative to any other right or reanody under this mortgige or afforded by law of equity and may be exercised concurrently, independently or esuceesaively. l0. To pay all casts charges std expenses including attorney's fees (whether or not litigation occurs and if it does then those on appellate as well aes trial level) 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 sad abide by ap of his covenants set forth in this mortgage and / or the Note and / or Prior Mortgage(es) and the promissory note(s) setitred thereby. ~ B~~C "J~)~ 11. The Mortgagee is a licensed mortgage broker under Chi er 491, Florida Statutes. J ~(.r• 1 ~ tlt.;1 Rev., r i ~>q oPrcpated by Stanley H. Spieler, Attornf~, 4700 Biscayne Boulevard. Miami. Flarida 33137