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HomeMy WebLinkAbout1289 1' I1(,cf~vEO s I__= a~ PAn~ a TAxc: 5U'7'~60 CUE 09 Cl~tt 'C' INTANG'tilE PERSONAL PRIrERTfr fUt:5~~111i TO .N*',PT'i 71.13{, ACTS OF 1111. R~GEit PWi11~S ~ C CLEpK gr<CYIT COrUT~ iT. LIIGE G~. RJR ~ ~ ~ ~ ~ MORTGAGE made the day below set forth between the Mortgagor below named and the Mortgagee, M ETROPOLITAN MORTGAGE CO., a Florida corporlation. W HEREAS, the Morlgagor 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 set forth in this Mortgage and the Note, including the repayment of the indebtedness evidenced by the Note, interest thereon, sums advanced by the Mortgagee in accordance with the provisions of this Mortgage to protect the lien and security thereof, and interest thereon, the Mortgagor does hereby mortgage, grant and convey to the Mortgagee the real property described below together with la) all easements, rights, tenements, hercdttaments. rents, issues and profits appurtenant thereto- (b) all buildings, structures and improvements now or hereafter located upon said real properly, (c)all of the following presently attacMd thereto: pips, 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 Qresently upon the premises; a!1 of the foregoing arc hereto referred to as the "Property." To have and to hold the same unto the Mortgagee, its successors and assigns in fee simple. The Mortgagor convenants that he is lawfully seized of the estate htrcby conveyed and he has the right to mortgage, grant and convey the Property, 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: 1. 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 taxis, assessments, charges, fines and other impositions of governmental authority against the Properly within sixty (60) days of when dot or sixty (60) days prior to the same becoming delinquent, whichever may first occur. 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, request of, receive or accept from 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. Not to commit waste or permit or suffer the impairment or deterioration of the Property; not to crest or permit to be erected any new buildings on the Properly or any structural alterations to existing iuildings without the Mortgagee's prior written consent; 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 Mortgagor shall promptly and completely perform all of his obligations under the declaration of condominium and the condominium association's articles o! incorportation, by-laws and rules and regulations and other constituent condominium documents including but not limited to the payment of all regular and special assessments, the liens for which against the Property might or could have priority over the lien of this mortgage. If the Properly ispart of aplanned-unit development, the Mortgagor shall promptty comply with all provisions of the declaration of covenants and restrictions establishing the same and shall promptly fulfill all his obligations under the constituent documents of the planned unit development including the homeowners association s ar its equivalent's articles and by-laws and shall promptly pay all assessments or charges of every nature (no matter how designated) the lien for which against the Property might or could have priority over the lien of this mortgage. 6. To keep all the Properly insured as may be required from time to time by the Mortgagee against loss by fore, windstorm, hazards, casualties and contingencies for such periods and for not less than such amounts as may be reasonably required by the Mortgagee and to pay promptly when due all premiums for such insurance. The Mortgagor agrees to deliver renewal or replacement policies or certificates therefor to the Mortgagee at least fifteen (1 S) days prior to the expiration oranniversarydate 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 Mortgagor to maintain j such additional insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies to the end 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 be unreasonably withheld) and all policies and renewals shall be held by the Mortgagee unless in the possession of a holder of f a Prior Mortgage. All detailed designations by the M"ortgagor which are accepted by the Mortgagee and all agreements between the Mortgagor j and Mortgagee relating to insurance, now 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 may be payable on the cancellation or termination thereof shall be given to other than the Mortgagee except a holder ota Prior ` Mortgage or by proper endorsement affixed to such policy and approved by the Mortgagee. Each policy of insurance shall have affixed thereto a I Standard New York Mortgagee Clause Without Contribution making all loss or losses under such policy payable to the Mortgagee as its i{ interest may appear. In the event any sum or sums of money become payable thereunder the Mortgagee shall have the option to receive and apply the same on account of the indebtedness secured hereby or to permit the Mortgagor to receive and use it or any part thereof without waiving or impai~tg aqy etquiq, lien, or right under and by virtue of this mortgage. In the event of loss or physical damage 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 by the Mortgagor. In the event of foreclosure of this mortgage or other transfer of title to the Property all right, title and interestof the Mortgagor in and to the insurance policies shall pass to the purchaser or grantee. 7. If the Mortgagor fails to perform his covenants and agreements contained in this mortgage, or if the Mortgagor fails to perform any duty or obligation arising under a Prior Mortgage (including the payment of principal and ' or interest, deposits on account of taxes and insurance premiums and late charges even though the holder of the Prior Mortgage has made no demand thereunder and has not threatened any action in connection with the same), or if any action or proceeding is commenced which materially affects the Mortgagee's interests in the Property, ~ including but not limited to eminent domain or code enforcement or arrangements involving a bankrupt or decedent, or if there is an apparent 1 abandonment of the Properly, then the Mortgagee at its option may pay to the holder of a Prior Mortgage all or pans of the sums necessary to ~ bring the Prior Mortgage current, may make appearances. may enter upon and secure the Properly, may disburse such other sums (incltding o but not limited to the payment of insurance premiums and taxes), and may takesuch otheraction as the Mortgagee rcasonablydeems necessary f or advisable 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!c) per cent per annum shall become ~ additional indebtedness of the Mortgagor secured by this mortgage. Unless the Mortgagor and Mortgagee agree in writing to some other terms ul payment, such amounts shall be payable immediately. Nothing in this paragraph shall reyuire the Mortgagor to incur anyexpense, make any disbursement or take any action whatever. r 8. All proceeds of any award or claim for damages direct or consequential in connection with any condemnation or any other taking by eminent domain of the Properly or any part thereof, or for conveyance in lieu of condemnation or eminent domain arc hereby assigned and shall ~ be paid to the Mortgagee. Unless the Mortgagor and Mortgagee otherwise agree in writing la) all proceeds received by the Mortgagee shall be applied to the sums secured by this mortgage without imposition of any prepayment charge, and (b) the application of proceeds shall not extend or postpone the due date of installments of principal-and interest or change the amounts thereof. s 9. Any forbearance by the Mortgagee in exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise 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 sect{~cd by this mortgage. All remedies provided in this mortgage are distinct and cumulative to any other right or remedy under this mortgage or ..fforded by law or equity and may be exercised concurrently, independently or successively. 10. To pay all costs charges and expenses including attorney's fees (whether or not litigation occurs and if it does then those on appellate as well as trial level) and abstract costs reasonably incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor to perfe~ m, comply with and abide by all of his covenants set forth in this mortgage and / or the Note and / or Prior Mortgage(s) and the promissory note(s) secured thereby. . r • i r 800K 343 ~'8~ . ni : rte. ixn Prepared by Stanltfy Spieler. Att~ritey:4700 Biscayne Boulevard. Miami. Florida 11117