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HomeMy WebLinkAbout1648 TO HAVE AND TO HOLD the ame, together with th4 tarements. hereditament and appnrtenanoes, unto the Mortgagor, hr fee simple. AND the Mortgagor does hercbY covenant with the Mortgagee that he b indefeasi},~y seized of said Iand in fes simple, that bs has fup power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for the Mortgagee at all times peaceably and quietly to enter upon hold, occuppyy and en' said land: that said land b free from all inctunbrarroes; that he will make surd further assurances to protect the foe simple h'tle to said land in the Mortgagee as ma reasorwbly be required= that he does hereby fully warrant the title to aid land and will defend the same against the lawful claims of ~ persaos whomsoever. PROVIDED, ALWAYS, that !f the Yastgagor shall pay unto the Modgagee the certain prombsoq nobs a! which the fdlowlas fa wads and Hgura ~ a tats copy. bawls: COMMUNITY FEDERAL SAYINGS AND LOAN ASSOCIATION OF THE PALM BEACHES . ~UL~tI~E ~>I~E RMERA BEACH, FLORIDA 18 80 Being indebted. far value received, the rmdersigned faintly and severally promise to pay bo OOMMUNITY FEDERAL SAV INGS AND LOAN ASSOCIATION OF THE PALM BEACHES at its office in the City of Riviera Beach, Florida, or order, the sum ~ FIFTY SIX THOUSAND AND NO HUNDREDTHS------------- ---DOLLARS (i 56,000.00 ) together with interest thereon as hereinafter stated in montiily installments of Seven Hundred Fifty Four and 18/100---------------------- _ --------DOLLARS (i 754.18 The first instzll>v>eat shall be due and payabb on the 10th day of Jtme I8 80 and subsequent installments shall be due anti payable on the 10th day of each and every calendu month thereafter until the principal and interest are fully paid. er sums may be paid at time, bat the payment ~ arq? such lsrt[er surer in addition to -the payments herein re- gnirod not relieve the makers of yment of the monthly inttalhnent herein provided for, unless it b specifically stipu- lated by the makers at the time of payment that such larger sums are to be applied to the advance payment of the monthly install- ments next maturing in the order of their due dates. All payments made upon this note shall be applied first bo the payment oaf accrued iaterat and secorrdiy upon the principal. This obligation shall bear interest from date.at the rate of __Sixteen----- Per ce°t ( 16.00 96 ) per annum until the principal and interest are frilly paid. Interest for each calendar month shall be accrued on the first day of said month and be computed on the unpaid balance o£ principal and interest esisting on the last day of the preceding month. This note shall be oor?sidered,in default when any ppaay- ment required to be•made hereunder shsII not have been made by its due date and shaD remain in default until aid payment ahaU have been made. While in default, this awe shall bear interest at the rate of --Eighteen---------- ~ ~ ( 18 96) per annum in lieu of the rate hereinbefore specified and holder during default may at its option refuse to accept payment of any sum less than the total amount then due or declared hereunder to be due. All makers and endorsers crow or hereafter parties hereto f ointiy and acveraDy waive demand, notice of non- payment and protest, and agree that in the event ~ dote tin the payment of inttallrnent due hereunder for a period of thirty (30) days the whole of said indebtedness shall thereupon at the option of the holder, booome immediately due and pay- able, and if this note becomes in default and is placed in the hands ~ an attorney for eollecti~, to pay reasonable atton?ey's fees and aD other coats including coats and attorneys foes of Appellate Court Proceedings for making such collection. 'I'bis note may be prepaid in whole or in part at any time without penalty. S/Michael H. Bialik S/John L. Janicke (SEAL) c ae H. Bialik John L. Janicke S/Jean Bialik EAL) S/Marie Janicke ~ _ ___(S~) ~R~iZ Marie Janicke ~ ('ibis note is secured by a mortgage of evm date executed by the maker in favor of Comrqunity Federal Savings and Loan Assn. of the Patin Beaches) and shall pram~}y rm, comply with, and abide by each and every the ~~ions, agreements, conditions, and covenants of said prom- issory note and of died, then the estate hereby created shaII cease and be nuII and void. AND the Mortgagor does hereby covenant and agree: 1. To pay all and singular the principal and interest and other sums of money payable by virtue of said prcmnissory nee and this mort- gage. or either, promptly on the days respectively, the ame severally Dome due. 2. To pay all and singular the fazes, assessments, levies, liabilities, obligations and encumbrances of every nature on said described prop- erty each and every when due and payable aoooniing to law, before they become delinquent, and if the same shall not be promptly paid the Mortgagee may at any time- either before or after delinquency pey the same without waiving or affecting the option to foreclose, or any right hereunder, and every payment so made shall bear interest from the date thereof at the rate provided in said promissory note. 3. To keep the buildings and all eq~upment and personal p rty now ar hereafter ar said premises, covered by this mortgage, insured in a sum at least equal to the unpaid balance of this mortgage. including fire, fkad, extended coverage vandalism, malicious mischief, and any other coverage aired by the mortgagee, as to properties other than dwellinggs,ss and fin:. flood, a:ten~ed coverage, special-form otherperik insnnirrce, and any other coverage required by the mortagce, oo dwellings elig,'b~e for such broadened coverage -provided, however, that such irorrrarrce be in an amamt sufficient W comp with any eo-insurance requirement covering same under the laws of the State of Florida, and provided further that the policy or policies shall be written in a company or companies and through an agency atisfactory to the Mort- gagee and that said policy or policies shall be held by the 1?tortgagee and shall bear a standard New York Mortgagee Clause without contribu- tion, makinng the leas under said policies payable to the Aiort gee as its interest may appear: and in ibe event any sum of oney becomes r yabk under any such policy or policies, the Mortgagce shall Gave the option M receive and apply the same on account of the indebtedness hereby secured, or to permit the I?iortgagor to receive and use it, or any part thereof, for other purposes, withoctt thereby waiving or impair- ing any equity, lien, or right under and by virtue of this mortgage; and in the event the Mortgagor does not compply with this covenant, the [?fortgagce may pl~a~ce and pay for such insurance, or any part thereof, without waiving or affecting the option to faredoae, a any right tiere- d under, and the full amount of each and every such payment shall be immediately due and payable, and shall bear interest from the date thereof until paid at the default rate provided in said note acrd together with such interest shall be secured by the h'en of this mort~ge Insur- ance covens the peril of flood damage shall be as required by the Federal Disaster Protection Act of 1873, or a fmwderl, sad rrtgagor covenant and agrees to comply in all respect with the provisions ther+eaf. 4. That mortgagee may, at any time duririg•th~tgage tens, and in it discretion, apply for renewd of~~guaranty covering the mortgage executed by the undersigned m even date herewith, pay the premium due by reason , by the undersigned of such amount as are advanced by said In the event of failure by tM undersigned to repay said amounts to said mortgagee, such failure ahaII be considered a default, and all provisions oi{ the note and mortgage with regard to default shall be applI- cable. 5. To pemrit, commit or softer no waste, impairament or deterioration of said property, or a>ry part thereof. and upon the faihue of the mortgagor to keep the buildings on aid property in good oaodition of repair the Mortgagee may demand the. immediate repair of said buiid- lags, or an increase in the amount of security, or the immediate repa~meot of tie debt hercb~iecured and the failure of the Mortgagor to eom- piy with said demand of the Mortgagce for a period of thirty (30) drys, ahaD comtitnte a breach ~ fhb wortgage and, at the optbo of the - ~ Mortgagee, immediately mature the entire amount of principal and itrberdt beneby secured, and immediately and without natioe. the Mortgages may imfitnte prooeedingr bo fereelae this mort,~e and apply for the appointment of a Reoeiv~eren~6ereioaftetr prwded. - BQ ~JJ~ PAt~~~~