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HomeMy WebLinkAbout1612 4'79f 52 ~ aecetv+Nl a ~ • 7,~ In Payment Ot T.>ue ~ Title Corp, of Flo~id>a Oue C~ ' ~ . 'ntangihl9 Personetprop~rty, . _ ; i f \ t ~ _ ~r5,+?nt t.i Chapter 71. t,~. ACU a ~I]7 . I • _ iii i-' ; /1'r-'. S ; rY:: _ ' ROGER POITRAS 9~~ ~ - ~ \ [ 'cell! " - Cte+! Circuit Court. St. Luck. Co., FI?. • 8 - - ~ + ~ ~ . • vY j _ ~ 5. . MORTGAGE made the day below set forth between the Mortgagor below named and the Mortgagee, M ETROPOLITAN MORTGAGE CO., a Florida corportation. W H E REAS, the Mortgagor is indebted to the Mortgagee 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 performance by the Mortgagor of all his agreements xt forth in this Mortgage and the Note, including the repayment of the indebtedness evidenced by the Note, interest thereon, sums advanced b}• the Mortgagee in accordance with the provisions of this Mortgage to protect the lien and xcunty thereof, and interest thereon, the Mortgagor does hereby mortgage, grant and convey to the Mortgagee the real property described below together with (a) all eaxments, rights, tenements, hereditaments, rents, issues and profits appurtenant thereto; (b1 all buildings, structures and improvements now or hereafter located upon said real property, (c) all of the following present)}• attached thereto: pipes, plumbing fixtures and equipment, electrical conduit and wiring and fixtures. heating and cooling and air conditioning equipment and fixtures, sprinkling and irrigation equipment and fixtures, pumps, fences and awnings; and (d) range, oven and refrigerator presently upon the premises; all of the foregoing are herein referred to as the "Property." To have and to hold the same unto the Mortgagee, its successor and assigns in fee simple. The Mortgagor convenants that hr is lawfull}• xil'ed of the estate hereby conveyed and he has the right to mortgage, grant and convey the Propen}•, that the Property is unencumbered except as may be below noted, and that the Mortgagor will warrant and defend the title to the Property against all claims and demands. -And the Mortgagor covenants and agrees as follows: I. 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, asxssments, charges, fines and other impositions~of governmental authority against the Property within sixty (60) days of when due or sixty (60) days prior to the same becoming delinquent, whichever ma}• first oceur. 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 under 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 promissory note(s) secured thereby; all of the foregoing without regard to any 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, rrquest of, receive or accept ft acR 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 lien of such Prior Mortgage- s. \ot 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 priar written conxnt• to comply with all subdivision restrictions and zoning and other regulatory laws and ordinances affecting the Property. If the Property is a condominium unit, the ~longagor 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 reg::lations and other constituent condominium documents including but not limited to the payment of all regular and special asxssments, the liens for which against the Property might or could have priority over the lien of this mortgage. If the Property is part of a planned unit development, the Mortgagor shall promptly comply with all provisions of the declaration of covenants and restrictions establishing the same and sh811 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 by-laws and shall promptly pay all assessments or charges of ever}• nature (no matter how designated) the lien for which against the Property 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 fire, windstorm, hazards, casualties and contingencies for such periods and for not Icss than such amounts as may be reasonably required by the Mortgagee and to pay promptly whin due all premiuQu for such insurance. The Mortgagor agrees to deliver renewal or replacement policies or certificates therefor to the Mortgagee at least ifleen (IS) 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 Mortgagorto maintain such additional insurance as may be nccessar}• to meet and comply fully with all co-insurance requirements contained in said policies to the end i that the Mortgagor is not a co-insurer thereunder. Insurance may be written by a company or companies approved by the Mortgagee (which approval shall not brunrt:asonably 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 between the Mortgagor F and Mortgagee relating to insurance,tnow 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: No lien upon any policy of insurance or upon any refund or return premium which ma}• be payable on the cancellation or termination thereof shall be given to other than the Mortgagee except a holder of a Prior E 's1 ortgage or by proper endorxment aft fixed to such policy and approved by the Mortgagee. Each policy of insurance shall have atixed thereto a Standard New York I~fortgagcc Clause Without Contnbution making a!I loss or losses under such policy payable to the Mortgagee as its • ~ interest may appe~rt In the event any sum or sums of money become payabtt thereunder the Mortgagee shah have the option to receive and apply the same on account of the indebtedness secured hereby or to permit the Mortgagor to receive and ux it or any part thereof without waiving or impairing any equity, lien, or right under and by virtue of this mortgage. In the event of loss or physical damagt to the Property the Mortgagor shall give immediate notice thereof by mail to the Mortgagee and the Mortgagee may make proof of loss if the same is not promptly - made b}• the Mortgagor. In the event of foreclosure of this mortgage or other transfer of title to the Property all right, title and interest of the 1ortgagor in and to the insurance politics shall pass to the purchaxr or grantee. If the Mortgagor fails to perform hiscovenants and agreements contained in this mortgage, or if the Mortgagor fails to perform any duty +ir obligation arising under a Prior Mortgage (including the payment of principal andior interest, deposits on account of taxes and insurance premiums and late charges even though the holder of the Prior Mortgage has made no demand thereunderand has not threatened any action in ++nnection with the same), or it any action or proceeding is commenced which materially affects the Mortgagee's interests in the Property. including !tut 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 parts of thesums necessary to hang the Prior Mortgage current, may make appearances, ma}• enter upon and xcure the Property, may disburse such other sums (including but not limited to the payment of insurance premiums and taxes), and may take such other action as the Mortgagee reasonably deems necessary +:r adci~able to protect his interests in the Property, all without regard to the value of the Property. Any amounts disbursed by the Mortgagee - pursuant to the provisions of this paragraph, together with interest thereon at the rate of eighteen (18r~) per cent per annum shall become additional indebtedness of the Mortgagor xcured b}• this mortgage. Unless the Mortgagor and Mortgagee agree in venting to some other terms of pa}•mcnt, such amounts shall be payable immediately. tiothing in this paragraph shall require the Mortgagee to incurany expense, make any disbursement or take any action whatever. 8. All proceeds of any award or claim for damages direct or conxq;iential in connection with any condemnation or any other taking by eminent domain of the Property or any part thereof, or forconveyance in lieu of condemnation or eminent domain arc herebyassigned and shall be paid to the Mortgagee. Unless the Mortgagor and Mortgagee otherwix agree in writing (a) all proceeds received by the Mortgagee shall be applied to the sums xcured by this mortgage without imposition of any prepayment charge, and (b) the application of proceeds shall not extend k car 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 otherwix afforded by applicable law shall not be a waiver of or preclude the extrcix of such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges or the payment of sums under a Prior Mortgage by the Mortgagee shall not be a waiver of the Mortgagee's right to accelerate the maturity of the indebtedness xcurcd 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 ur equity and may be exercixd concurrently, independently or successively. 10. T o pay all costs charges and cxpenxs including attorney's fees (whether or not litigation occurs and if itdoes then thox on appellate as well as trial level) and atstract costs reasonably incurred or paid at any time by the Mortgagee becaux of the failure on the part of the Mortgagor to perform, comply with and abide by all of his covenants xt forth in this mortgage and! or the Notcand; or Prior Mortgage(s)and ~ the promissory nois(y) xcurcd thereby. P 11. The Mortgagee is a licensed mortgage broker under Chapter 494, Florida Statutes. a~~cJ(r ~ i+~~s~ . : t{t ~ iu) ~ Prepared by startle} H. Spicier. Attorney. 4704 $iecayne Boulevard, Miami, Florida 33137 •~i _ ,