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v,~,-~ •;t;.t Tc, ~~i~dp:c~r 71. 134. AGt8 Ot ~Q71, ~ ~
RJGER POITRr1S ~~~ ,
r~e~~ C~rcuit Court, ~t. Luc~e. Co., fls.
MORTGAGE made the day below ut farth lxtween the Mortgago~ below named and the Mortgagee, METROPOLITAN MORTGAGE
CO., a Florida corportatiun.
W H E R E AS, the M ortgagor is indeDted to t he M ortgage~ as evidenced by a certain mortgage note ( Note) of even date (rom the Mortgagor
to Mortgag~e as described below.
To secure ~o the Aiortgagee ~he performance Ay the Mortgagor of all his agreements set forth in this Mortgage and the Note. including the
repayment of the indebtedness evidenced by the'~'ote, interest thereon, sums advanced by the Mortgagee in accordance with the provisions of
this Mortgage ta protect the lien and security thereof, and intercst th~reon, the Mortgagor does hereby mortgage. gnnt and convey to the
Mortgagre the ~eal property described beloW toge~her with (a) all easements, ~ights, tenements, hereditaments, rcnts, issues and proGts
appu~tenant t~errto; (b) ~il buildings, structures and ~mprovements now or hereafter located upon said real propei-ty. (c) all of the following
p~esently attached thereto: piprs, plumbing fiztures and equipment, electrical conduit and winng and fixtures. h~ating and cooling and air
ronditioning eywpment and fixtures, sprinkling and irtigation equipment and fixtures, pumps, (ences and awnings: and (d) range, ove~ a~d
refrigcrator prese~tly upon the premises; all of the toregoing arc herein referrcd to as the "Ptoperty." To have and to hold the same unto the
~lortgagee, us successors and assigns in tee simple.
The Mortgagor convenantz that he is law•full~• sei~cd of thc estate hcreby conveyed and he has the right to mortgage, grant and convey the
Propeny, that the Property is unencumbered except as may be below noted, and that the Mortgagor wdl warrant and defend t6e title to the
Property against all cla~ms and dcmands. ~
And the titortgagor co~•enants and agrees as (ollows:
I. To promptly pay when due the principal ot and interest on the indebtedness evidenced by the Note and prepayment and Iatecharges u
provided therein.
2. To pay all taxes, assessmere~s. charges, fincs and other impositions of governmental authority against the Property witAi~ siaty (60) days
o[ when due or sixt~~ (60) days prior to the same becoming delinquent, whichever may first occur.
3_ If it is noted beluw• tha~ this is a second or other subordinate ranked mongage, then to promptly pay when due principal and interest
uw•ing under mortgage~sl of higher priority ("Pnor Nortgagels-"), to promptly pay to ~he holder(s) of Pnor Mortgage(s) sums due on account of
tar~s and insurance premiums as ma}~ be providcd for unde~ the pro~•isions of thc Prior Mortgagt(s). a~d to otherwise tully. ptomptly and
rumpletely keep and perform all of the promises and convenants of the mortgagor under Priot Mortgage(s)and the promissory note(s) setured
chereby; all uf the (orcgoing w~ithout regard to any w~aivcrs, extensions or induigences granted by the holder(s) of Prior Mortgage(s) unleu with
the priur consent of the Mortgager.
4. \ot to ~ppl~~ to, rcyucst of, recei~~e or accept from any holder of any Prior Mortgage any money, funds or lhings of value which would,
might or could be considered as an ad~~ance secured by the lien of such Prior vfortgage.
S. \'ot to commit waste or permit or sufkr thc impairment or det~rioration of th~ Property; not to erect or permit to be erccted any new
bwld~ngs on the Propen~~ or any ~~ructural alterat~ons to existing buildings without the \longagee's prior written consent; to comply with all
subdivision restrictions and ioning and ather regulator}• taws and ordinances altecting the Property. l(the Property is a condominiu[p unit, the
'~tongagor shall,promptly and completety pcrtorm all of his obligations under the declaration of condominium and the eondominium
a~soc~ation's anicles of incorportation, by-laws and rules and regulations and other constituent condominium documents including but not
I~mited to the payment of all regular and spccial assessmcnts, the liens for which against the Property might or could have priority over the lien of
chis mortgage. If the Property is part of a planned unit devetopment, the Mortgagor shall promplty compl~ with all provisions of the dalaration
of covenants and rcstrictions establishing the same and shall promptly fulfill all his obligations under theconstituent dceuments of the planned
unit development including thc homeowners association's or its equivalent's articlcs and by-laws and shall promptly pay all assessments or
charges of e~-er~• nature (no matter how designattd) the lien [or which against the Property might or eould have priority over the lien of this
mortgagc.
6. To keep all the Propcrty insured as may be required from time to time by the Mortgagee against lou by fire. windstorm. hazards.
casualtics and contingencia for such periods and for not Icss than such amounts as may be reasonably requircd by the Mortgagee and to pay
promptly when due all prcmiums for such insurance. The Mortgagor agrees to dcliver renewal or rcplaament policies or certificata therctor to
thc Mortgagee at Icast fiftcen ~ 1 S) days prior to thc eapiration or anniversary date of the eaisting policies_ The amounts of insunnce reyuircd by
thc Mortgagec shall be minimum amounts for w•hich said insurancc shall be written and it shall be incumbent upon the Mortgagor to maintain
such addit~onal insurana as may be necessar}~ to mcet and comply fully with all co-insurance requircmentscontamed insaid policiatotheend
that the !1lortgagor is not a co-i~surer thereundcr. Insurance may be written by a company or companies approved by the Mortgagee (which
approval shall not bc unreasonably w~thheld) and all policics and renewals shail be held by the Mortgagee unless in the possession of a holderof
a Prior Mortgage_ All dctailed designations by the ~tortgagor which are accepted by the Mortgagee and all agrcements between the Mortgagor
and Nortgagee rela!ing to insurance, now• existing or hereafter made, shall be in writing and shall be a part of this mortgage agreement as fully as
chough set fonh verbatirq herein and shall go~•rrn both parties hereto. No licn upon any policy of insurance or upon any refund or rcturn
prcm~um whith may be psyable on the cancellation or tcrmination thereof shall be gi~tn to other than the Mortgagee eacept a holder of a Prior
~1 ortgage or by~ proper endorsement a(fi?ced to such polic}• and approved by the Mortgagee. Each policy of ir~suranc~ shall have affixed thereto a
Standard l~cw York Mortgagce Clause Wuhout Contribution making all loss or iosses under such policy payable to the Mortgagee as iu
interest may~ appcar. In the event any sum or sums of money become payable thcrcunder the Mortgagee sha116ave the option to receive and
apply the same on account of the ~ndebtedness secured hereby or to permit the Mongagor to mx~ve and use it or any part thercof without
wa~wng or impairing any ~quiry, lien, or right undcr and by ~7rtue of this mortgage_ In the event ot lou or physical damage to the Property the
~iortgagor shall gi~~e immed~ate not~cr thcrcof by ma~l to the Mortgagce and the Mortgagee may make proof of loss if the same is not p~omptly
m~dc b}• thc Mortgager. In the e.~ent of forcclosurc of this mortgage or other transfer of titk to the Property all right, title and interest of the
~lortgagor in and to the ~nsurance policies ~hall pass to the purchaser or grantee.
7. If the htortgagor fails to perform his co~~enants and agreementscontained in this mortgage, or if the Mortgagor fails to perform anyduty
~~r nbligation ansing under a Pnor Mortgagc lincluding the payment of principal and'or interest, deposits on account of taxes and insurance
~remiums and late chargcs e~•en though the holder c-( the Prior Mortgage has made nodemand thereunderand has not threatened anyaction in
~onnection wuh the same-, or if any action or proceeding is commenced which materially atfects the Mortgagee's interests in the Property,
~ nclud~ng but not limited to eminent domain or code en(orccment or arrangements involving a bankrupt or decedent, or if there is an apparent
abandonment of the Propeny. then thc Mortgagee at its option may pay to the holder of a Prior Mortgage alt or paRS of the sums.ucessary to
hnng the 1'nur 1lortgage current, ma~~ make appearances, ma~ enter upon and secure the Property, may disburse such other sums (induding
hut nut lim~ted tc- thr pat ment of insurance premwms and taxcs-, and may take such other action as the Mortgagee reasonably decros necessary
~~r ad~ ~sable tu protcct his interests in the f'roF-ern•, all withuut regard to the ~•alue of tht Property. Any amounts disbursed by the Mortgagee
~ursuant to the pro~•isions of this paragraph, together with interest thercon at the ratt of aghteen ( I8 ~) per cent per annum shall becomt
adduional indebtedncss of the Mortgagor ucurcd by this mortgage. Unless the ~tortgagorand Mortgageeagreein writingtosomeotherterms
~~t payment, such amounts shall be payable immediately. `uthing in this paragraph shall rcquire the Mortgagee to incuranyeapense, make an~~
disbursement or take any action whatecer. -
8. All procecds of any award or claim for damages direct or consequential in conneclion with any condemnation or any other tak~ng by
eminent domain of the Property or any part thercof, or forconveyance in lieu of condemnation oreminent domain are hereby assigned and shall
be paid to the Mortgagec. Unless the Nortgagor and Mongagee otherwise agret in writing (a) all proceeds received by the Mortgagee shall be
applied to thc sums secured by this mortgage without impos~tion of any prepayment charge. and (b) the application of proceeds shall not eatend
or postpone the due date of installments o( principal and interest or change the amounts thercof.
9. Any forbearar,ce by the Mortgagee in exercising any right or remedy hercunder or otherwise afforded by applicable law shall not be a
w aiver of or preclude the eaorcise of such right or remedy. 7'he procurement of insurance or ihe payment of tazes or other liens or charges or the
payment of sums undcr a Prior Mortgage by thc Mortgagee shall not be a waiver of the Mortgagee i right to accelerate the maturity o( the
indebtedness securrd by this mortgagc. All «medies prowded in this mortgage are distinet and cumulative to any other right or remedy under
this mortgage or af(o~ded by !ew or equity and may be exercised concurrently, independently or suceessively.
10. To pa~ all costs charges and expenses including attorney's kes (whether or not litigation occun and if it does then those on appellate as
wcil es trial Ic•r~l) and abstract costs reasonably incurred or paid at any time by the Mortgagee becaust of tht failure on the part of the
tilortgagor to perfc: m, comply with and abide by all of his covenants set forth in this mortgage aod/or the Noteand/or Pnor Mortgage(s)and
the promissory note(s) xcured thereby. ~~A -~ p~ ~~
11. The ylortgagee :s a licensed morigage broker under Chapter 494, Florida Statules. •V~
Ni. z~ ? Prcparcd by~ St:~nley,}~. Spicltr. Attorne~•, 4700 B~scaync Boulevard, Miami, Florida 33137
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