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HomeMy WebLinkAbout1895 • ' ~ S/-i TO HAVE AND TO HOLD the same. together with the tenements, heredit- aments and appurtenances. unto the said Mortgagee in fee simple. And the said Mortgagor does covenant with said Mortgagee that said Mortgagor is indefeasibly seized of said land in foe simple; that the said Mortgagor has full power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for said Mortgagee at all times peaceably and quietly to enter upon. hold. occupy and enjoy said land; that said land is tree from all encumbrances; that said Mortgagor will make such further assurances to perfect the fee simple title to said land in said Mortgagee as may reasonably be required; and that said Mortgagor does hereby fully warrant the title to said land and will defend the same ! against the lawful claims of all persons whomsoever. PROVIDED ALWAYS. that if said Mortgagor shall pay unto the said Mort- gagee that certain promissory note of which the following is a substantial copy, to-wit: fEf~1tUIHE It6TAlllfllf ?IOIS~t1f )lglE 37,015.18 March 13, s _ FORT tAUOERDRLE. RoRTa )9 8 (-0R YKUE RECEIVED, YE, THE UNDERSIGNED, DO JOINTLY AND SEYERKtr PROMISE TO PAr IN IAYFUI MONEY Of THE V11TED STATES OF atERICA, TO THE ORDER OF GEl~ERAL DEVELOPMENT CORPORATION, a Delaware Corporation authorized to do business in AT the State of Florida! 1111 S. Bady/shore Drive Miatni, pr da 3313 oa AT S11Lli OTHER PucE AS THE HOLDER OF THIS NOTE SWILL IN YRIT)~'1G DESIGNATE. THE PRII~CIPU SUN OF r~y-Seven ~housand Fifteen and 18/100 (37,015.18)-------------- ------------------------------------------------aru~s. DArABIETANDSAlORTIKZED 80TH ~TI71~T6aL~ID (F1F1 1~Y)~- T THE MTE OF ~ 1 PERCENTUM PER annum The principal sum together with accrued interest thereon shall be due and payable December 13, 1980. This Note and the Mortgage securing same shall be pre-payable in whole or in part at any time without penalty. )N THE EVENT MY INSTKLIENT OF PRINCIPK OR INTEREST IS NDT PA(0 YITHIN 30 _ IMPS AFTER THE SA1E BECOES DIE, THE YHOLE Of SAID AGGREGATE INDEBTEDNESS HEREBY EVIDENCED SWILL FOQTH AUTOINTIfJLLtr, Y OUE ANp PAYABLE. N THE EVENT OF SUCN ACCELERATION (YIE- THER AUi0MAi1C OR OPTIONAL) OF THE MATURITY OF THE AG6REfATE iNDEBTFOFESS, INTEREST AT TIE ABOVE RATE SHAtt BE CD~D AND BE RETJUIREO TO BE PA10 ONIr ON THE UNPAID A66AEGATE PRINCIPAL UNTIL THE SAME !S PAID- SUCH COFPUTATIOPI ANO EAACTION Of INTEREST SHKL EICIUOE 'UNEARRFO INTEREST' YHICH INY BE OTHERYiSE INCLUDED IN EACH MDNTIR.Y INSTKLMENT, ANTTHiN6 HERE TN TO THE CONTRARY NOTY[THSTMDiNG. !~O DEIAr BT THE PAYEE OR MOLDER OF THiS NOTE iN ENfORC[N6 THE TERE6 HEREOF SWILL EVER BE CONSTR~IED AS A YAIYER Oi HIS, HER OR !TS RIGHT TO E9FORCE TILE SAME. jHE ~BT EVIDENCED BT THIS NOTE, HAYING ONCE BEEN ACCELERATED BY REASON OF ~FAUIT, CANNOT BE OECELERATEO. SAYE MD EICE?T (1) 6r AN INSTRUIENT IN YIIiTING EIECUTED UNDER SEAL !h THE HOLDER OF TNIS NOTE AND (2) SUPP!41TE0 Br INCEPENOEIIi 0000 MD YKUABLE CONSI~RAiION. jNE A[[EDTANCE er THE HOLDER OF THIS NOTE OF DART PArMENT OR PMT PERFORIMNCE SWLLL NOT sE TREATED AS [iiR- IN6 MY DEFAULT, NOR SHKL SATE OPERATE AS ESTOPPEL OR WIPER. SHOIN.O [T BECAME NECESSARY T.D COLLECT TNiS NOTE THROUGH M ATTORNEY, EITIfER OF US YNETHER MKER OR ENDORSER ON THIS NOTE. HEREBY AGREE TO PAY Kl COSTS OF SUCH COILE[Tip1, INCLUDING A REASWiABIE ATTOtt4Er'S FEE. Jill MAKERS, ENDORSERS MO OTHER PMTIES l1ABLE HEREON SEVERALLY WiPE PRESENTMENTS, PRO- F TEST AND NOTICE OF DISHONOR, MD CONSENT 7WIT TiME OF PArMENT IYIr BE EITENDED YITHOUT NOTICE TIEREOF. jNE MICE RS kID ENOCiRSFRS, ADD KL PERSONS YHO WIVE ASSUMED THE OHLIWTlON TO DAr THIS PROMISSORY NOTE, 00 HEREBY CERTIFY, WRRANT MD REDRESENT UNTO DATEE ARD HOLDER OF THIS 907E AS FOIIOYS: (A) TWIT Alt THINGS RfOUtREO BV LAY TO BE MAD AIID UGHE, AND STEPS TAKEN IN ORDER TO MKE THIS A YAL10 OBLIGA- p TiON, HAVE BEEN WU). TAKEN MO GONE: (B) THAT THE DEBT EVIDENCED HEREBY AND THIS PROMISSORY iMDTE iS A YK ID SUBSTSTIN6 DEBT AND NEGOTIABLE PROMISSORY ! 'TOTE; (C) THAT THE MKFRS MD E9000.SER5 MD KL DERSOMS YHO WIVE ASSUlED THE 08LIGATIO'1 TO PAY tHiS PRONiSSORr NOTE WYE NO DEFENSE AGAINST iNE ENFORCE- MENT OF THIS DRONiSSORY NOTE: (0) TENT A COURT, YITHOUT THE INTERVENTION OF A JURYR,~UPON M~DlsTlp0~l1 FOR~I.SUMMARr JttUOGMENi OR DECREE, w?r DETERMINE AND ADJUDI- ¢ LATE Kl SUMS OF !!]NEY DuE HEREUNDER, INCLUDING, BUT NOT LIMITED T0, Px;NCt K~NTE UEVEIUPpI~IVTi~,~~ 1 ~EE; La !fj()~Or SjSaAND OTHER EIDEMSES. BY' Limited Partnershi r a (SEK) - p (SEAL) ---ifiar~y~Hifitt,n, -fir. ; general--- Partner And shall promptly 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 hereby created shall cease and be null and void. And the said Mortgagor hereby does covenant and agree: 1. To pay all and singular the principal and interest and other sums of money payable by virtue of said promissory note and this deed, or either, promptly on the days respectively the same severally become due. ti , . s ± ; 327 X894 . ~ ~~~x