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HomeMy WebLinkAbout0027 The Mortgagor herby oovenanls with the Mortgagee, that he is indefeasibly seised of said land in fee simple or such other estates ti any as is stated herein; that he bas f all power and laww~Yul right to ooove the same as aforesaid; that the lu?d is tree from all encumbrances escept sa herein otherwise recited; that said~ortgagor will make such further assurances to prove Wo aforesaid title to said land in said Mortgagee as may be r~easou ably rreeqquired, and that said Mortgagor does herby t~llJJ warrant the title to said land, and every part thereof, and will defend the same against the lawful claims of sIl persons whomsoever. PxovlDSn ALNATa that It the Mortgagor shall pay unto tjLa Mortgagee that certaw pmmrssory note, Of which the following is • substantial copy, to cart: ,)Florida. i 43,000.00 October 2 ,19 80 . Fox Vwrvs Iiscs[vsn, the undersigned promise(s) to Pr4Y t0 Al~'IRST M~ QOIt'POtiATICN s oorporstion organised and existing under the ' laws aI the State of Florida . Or Off. ~ Pupal sum o~ FORl'Y-TEII2F~ Zi?IDUSAI~TD AND NO/100-- _ (:43,000.00 will' interest from date at the rate of ~.irtsen per centum ( 13 P~ annum oa the unpaid baLnoe until paid. The said principal,aad interest shall be payable at the office of Amerifirst lybrtgage ~rporation, One S. E. Zlurd Avenue, in Miami., Florida 33131 , or at each other Place as the hdder may designate in writing delivered or mailed to the debtor, in monthly installments of FC)tJR H(~IDI2ID Sl;~IIIJi'Y--SIX AND 0~/~Dollars 476.01-----2' commencing on the first day of DeoemUer , 1980 ,and oontinuiog oa the first day of each month thereafter until this note is fully paid, eaoept that, ii not sooner paid, the final payment of principal and interest shall be due sad payable on the lust day of Novr3tber .2010 Privilege is reserved to prepay at any time, without premium or fee. the entire indebtedness or any part thereof not leas than the amount of one instiUmeet, or one hundred dollars (=100.00), whichever is leas. Peepayaneat fn full shall be ctedited on the date received. Partial pnps~yrmeat, Other than on an installment due date, aced not be coedited until the next fdlowiag installment due date or thirty days after such prepayment, whichever is earlier. If any deficiency in the pa t of any instalUnent under this note ie not made good prior to the due date of the nest such installment, the entire prruzmpal sum and accrued interest shall at once become due and Pay- able without notice at the option of the holder of this note. Failure to ezerciae this option shall not oonstttute a waiver of the right to ezerctse the same in the event of any subsequent default. In the event of default in the payment of this note, and if the same is collected by an attorney at law, the undersigned hereby agree(s) to pay all costa of collection, including a reasonable attorney's fee. This note is secured by mortgage of even date executed by the undersigned on certain property described therein sad represents money actua y used for the acquisition of and property or the improvements thereon. Presentment, protest, and notice are hereby waived. ~ - /s/ Gregory A. Evans [g~L] Gregory A. Evans _ [sFr?L] [SEAL] And shall duly, promptly, and fully perform, discharge, execute, effect, complete, and comply with and abide bq each and every the stipulations, agreements, conditions, and covenants of said promissory note and of this mortgage, then this mortgage and the estate hereby created shall cease and be null and void. The Mortgagor further covenants sa follows: _ 1. That he will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at say time, without premium or fee, the entire indebtedness or any part thereof not leas than the amount of one installment, or one hundred dollars (;100.00), whichever is less. Prepayment in [all shall be credited on the date received. Partial prepayment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever is earlier. 2. In order more fully to protect-the security of this mortgage, the Mortgagor, together with, and in addition to, the monthly payu~ents under the terms of the note secured hereby, on the first day of each month until the said note is fu•Ily paid, will pa~~ to the Mortgagee, as trustee, (under the terms of this trust as herein- after stated) the following scans: (s) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of fire and other 6asard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as estimated by the Mortgagee and of which the Mortgagor is notified) less all Bums already paid therefor divided by the number of months to elapse before one month , prior to the dale when such ground rents, premiums, taxes, and assessments will ree:ome delinquent, such soma to beheld by Mortgageeintniattopaysaidgroundrents,premiums,taxea,andspecialassessmenta. (b) The aggregate of the amountable pursuant to subparagraph (a) and tho~ee payable on the note secured i hereby, shall be pa?d is a payment each month, to be applied to the following items in the order stated (I) ground rents,taxes, aaeessmente, fire, sad other hasard insurance premiums; (II) interest on -the note eecur+ed hereby; and ~ (III) amortisation of the principal of said note. My deficiency in the amount of such aggregate monthly payment shall, unless made good by the Mortr gager prjor to the due date o[ the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, Mortgagor will pay a "late cloarge" not exceeding few per centum (4%) of any install- o~ went when paid more than fifteen (15) days otter the due date thereof to cover the extra expense involved in handling delinquent payymenu, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the tndebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. if the total of UcF pad:jienls s:~ade by the Mortgagor under (a) of paragraph 2 preceding shall exceed the amount of pa~•ments actually made by t(ie ifottl{agee, as trustee, for ground rents. taxes and assessments, and insurance premiums, as the ca4e mss- be, such excess shall he credited on subsequent pa~•ments to be made m b~ the vlortgaRor for such items or, at :1TortgagPe's option, as trustee, shall be refunded to Mortgagor. If, however, such monthly payments shall not i.e sufficient to pay such items when the same shall become due and pa •able, then the Mortgagor shall pn.• to the ~tortgagec, as trustee, am amount necessary to make up ~ . the deficiency. Such payment shag he made within thirty (a0) days after written notice from the Mortgagee ...,i stating the amount of the deficiency, wloich notice may be given by mail. If at any time the :vlort~agor shall -