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HomeMy WebLinkAbout1370 • ' - - - s_a~ATiorr DATE = 00 Florida March 1 1980 FOR VALUE RECEIVED, the undersigned, Ijointfy and severally, if more than one) promises to pay to ALBERT W. SMITH and BLBANORA R. SMITH his wife 7150 Shelby Street, Indialnapolis, II~1D~ANA G6227 or order, in the manner hereinaher specified, tM principal wm of Tyro Thousand Two Hundred Fifty and No/100 It 2,250.001 Wlth Ingreft from daq at the raq of ~ ~ , OOpOpar cent, per annum on.tM balance from time to time remaining unpaid. TM said principN and interest shall be payable in lawful money of the Unigd Sgtss of Amerka at egg or at wch plea ss may heresfgr be designagd by writgn notice from the holder to the maker hereof, on the daq and in the manner following: Principal and.intereat is payable 1n equal inatallmenta as follows: Beginning on April 30, 1980, the sum of =104.87, and the cease amount on the cease day of each month, in eaoh year thereafter, until the_entira ~prineipal sum of ;2250.00 together with interest, as herein provided, has been paid in full. All payments are to be applied first to interests at the rate specified herein upon the principal sum of X2250.00, or_,.,9o much thereof, as may from tine to tine remain unpaid and the balance of eaoh pa~[ent shall be applied to prinoipal. This note is prepayable ~n whole or in part at any time without penalty. 1 ~e taoc required by Section 201. of Sts ,-has been paid and proper statips have been affi~_ to the toast ch sec~es ~ obligations evidenced by this note. ' This note with interest is secured by a mortgage on real estaq, of even a herewith, made by the maker hereof in favor of the said payee, and shall be construed and enforced according to the Isws of the State of Florida The terms of said mortgage are by this reference made a part hereof. If default be made in the payment of any of the wms or interest mentioned herein or in said mortgage, or in the performsrxx of any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall st the option of the holder hereof become at once due and collectible without notice, time being of the essence; and said principal wm and aecnied interest shall both bear interest from wch time until paid st the highest rate allowable under the laws of the State of Florida Failure to exercise this option shall not constitute s waiver of the right to exercise the same in the event of any wbsequent default. Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of progst end notice of dishonor and agrees to pry ell costs, including s reasonable attorney's fee, whether wit be brought or not, if, afgr maturity of this noq or default hereunder, br under said mortgage, counsel shall be employed to collect this note or to proteM the security of said mortgage. Wherever used hen in tM tarrns 'holder', ' leer and 'psy I be construed in the sirpular or plural as tM congxt may require or admit. AS.90C , a Partne~cstdp MAKER'S ADDRESS ~ a 7i ~I AND the mortgagor hereby further covenants and agrees to pay promptly when due the prin- . cipal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter ou said land fully insured in a sum of not less than its full insurable value, but in no event less than the amount secured by this mortgage, in a company or companies acceptable to the mortgagee, the pol- icy or policies to be held by, and payable to, said mortgagee, and in the event any sum of money ~ becomes payable by virtue of such insurance the mortgagee shall have the right to receive and ap- ~ ply the same to the indebtedness hereby secured, accounting to the mortgagor for any surplus; to ~ pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred 9 or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; in the event the mortgagor fails to pay whin due any tax, assessment. insurance premium or _ other sum of money pay able by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payment.S shall bear interest from date thereof at the highest lawful rate then allowed by the laws of the State of Florida. f thirty lF any sum of money herein referred to be not promptly paid within days next after ! the same becomes due, or if each and every the agreements, stipulations, conditions and covenants E of said note and this mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid there- on, shall forthwith or thereafter, at the option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exer- i cise any of the rights or options herein provided shall not constitute a waiver of any rights or op- ~ tions under said note or this mortgage accrued nr thereafter accruing. BOaK ~J~,O PAGE~J~