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Rece~ved s.~' E'-j ,In Payment W TaxK 5~ t1'73
~ue On Cl~~c ..C•• IntangiblePersons~proM'h~ ~
o~rsu»M To Ghapter 71. 134. Acta O~ ~~'~ ~~
ROGER POITRAS 3 ~,f ~ J
;.~w~~ C~rcuit Court, St. Luc~e. Co.. Fie. ~ I'
MORTGAGE made the dap Arlova set forth betv-reon the Mortgagor below ~amed and the Mortgagee, METROPOLITAN MORTGAGE
C'O., a Florida corportat~on.
W H EREAS, the Mongagor is indebted to the Nortgagcc as evidenced by a certain mongage note(Note) of even date from the Mortgagor
to Mortgagee as drscribed below•.
To secure to the Alortgagce thc performancc b~• the Mortgagor of all his agrtements set fonh i~ this Mortgage and the Note, including the
repa}•ment of thc indebtcdncss cvidenced by the Note, interest thereon, sums advanced by the Mongaga in accordance with the provisions of
this Mortgage to p~otect the lien and sccurity thereof, and interest thereon, the Mortgagor does hereby mortgage, gra~t a~d convey to the
Mongagee the ~eal praperty descril+cd below toge~her with (a) all easements, rights, tenements, hercditaments. rents, issuts and profits
appunenant thereto; (b) all buildings, slructures and ~mpruvements now or hereafter located upon said real pro~rty. (c) all o(the following
prescntly attached thcreta: pi~-ts, plumbing ~ixtures and eyuipment, electrical conduit and winng and fiatures. heat~ng and cooling and a~r
ronditioning equipment and fi~tures, sprinkling and irrigation equipm~nt and fixtures, pumps, fences and awnings; and (d) range, oven and
refrigerator presently upon the premises; all of the forcgoing arc herein re(errcd ta as the "Property." To have and to hold the same unto the
1lortgagee, ~ts successors and assigns in fee simple.
The Mortgagor com~enants that he is iawfuli}• sei~ed of the estate hercby com•eyed and he has the right to mortgage, grant and convey the
Property, that the Property is unencumberrd except as ma}• be below• noted, and that the Mortgagor will warrant and defend the titk to the
Property against all claims and dcmands.
And the Mortgagor covenants and agrees as folloa•s:
1. To promptly pay when due the principal of and mterest on the indebtedness evidenced by the IVote and prepayment and latechargesas
provided therein.
2. To pay all taxes, assessments, charges, fines and other impositions oigovernmental authorityagainst the Property within sixty(60) days
of when due or sixty (60) days prior to th~ same becoming delinquent, whichever may first occur.
3. If it is noted t~elow that this i~ a second or other subordinate ranked mortgage, then to promptly pay when due principal and intertst
uwing under mortgagels) of higher priority ("Prior Mortgagel s-"), to prompUy 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 pro~~isions of the Prior Mortgage(s), and to otherwise fully. promptly and
completcly keep and perform all of the promizes and com•enants of the mortgagor under Prior Mortgage(s) and the promissory note(s) secured
thereby; all of the foregoing without rcgard to any w~aivcrs, extcnsions or indulgences g~aoted by the holder(s) of Prior Mortgage(s) unless with
the pnor consent of the Mortgagee.
4. \ot to apply to, reyuest of, rcce~ve or accept from any holder of any Pnor Mortgage any money, funds or things of value which would,
m~ght or could br considered as an ad~ance secured Ay the lien of such Prior Mortgage.
S. Not to commit waste or permit or suf(er the impairment or deterioration of the Property; not to ercet or permit to be erected any new
hu~lding~ on the Propert ~ or an~• structural alterations to existing buildings without the `longagee's prior written consent; to comply wUh all
subdi~•ision restrictions and ionmg and othcr regulatory laws and ordinances af[ccting the Property. lf the Property is a condominium unit, the
~lortgagor shail,promptly and completely perform all of his obligat~ons under thc declaration of condominium and the condominium
association's articles of incorportation, by-laws and rules and rcgulations and other constituent condominium documents including but not
I~mited to the payment of all regular and special assessments, the liens for which against the Properiy might or eould have priority over the lien of
this mortgage. lf the Propeny ~s part of a planned unit der~elopment, the Mortgagor shall prompltycomply with all provisions of the declaration
e~f covenants and restricuons establishing the samc and shall promptly fulfill all his obligations under theconstituentdocuments of the planned
unit dc~~clopment including the homeowners association's or its eqwvatent's anicles and by-laws and shall promptly pay all assessments or
charges of evcry nature (no mattcr how~ dcsignatcd) thc lien for which against the Property might or could have priority over the lien of this
mortgage.
6. To keep all the Property insured as may be reyuued from timc to time by the Mortgagee against loss by fire. windstorm, hazards,
casualtics and contingencies for such periods and for not less than such amounts as may be reasonably requircd by the Mortgagee and to pay
promptly when duc all prcmiums for such insurance. The Mortgagor agrees to deliver renewal or replacement polic~a or certificates thercfor to
t hc Nortgagre at least fiitcen (1 S) days prior to the cxpiration or anniversary date of the existing policies. The amounts of insurance requircd by
thc Mungagee shall be minimum amounts for ahich ~aid insurance shall be written and it shall be incumbent upon the Mortgagorto maintain
such additional insurance as may be n~cessary to meet and comply fully with all co-insurance requirements contained in said policia to the end
that the Mortgagor ~s not a co-insurer thereunder. Insurance ma}~ be written by a company or compania approved by tht Mortgagee (which
approval shall not be unrcasonably v-•~thheld 1 and all policies and renewals shall be hcld by the Mortgaga unless in the possession of a hoWer of
a Prior Mortgage. All detailed des~gnations by the Mortgagor which are accepted by the Mortgagee and all agreements between the Morigagor
and Mortgagee relating to insurance, now• existing or hereafter made, shall be in writing and shall be a part of this mortgage agreement as tully as
though set forth verbatim herein and shall go.ern both parties hercto. No lien upon any policy of insurance or upon any refund or return
premium w•hich may be payable on the cancellauun or termination thercof shall be gi~•en to other than the Mortgagee except a holderof a Prior
~1 ongage or by proper endorsement affixed to such polrcy and approved by the Mortgagee_ Each policy of insurance shall have affixed thereto a
Standard 1ew York Mongagee Clause Without Contnbution making all lou or losses under such policy payable to the Mortgagee as its
~nterest may appear. In the evcnt any sum or sums o( money become payable thereunder the Morigagee shall have the option to rective tnd
apply the same on account of the indebtcdness secured hereby or to permit the Mongagor to receive and ux it or any part thenof without
wa~ving or impairing any cywty, lien, or right under and by vinue of this moRgage. In the evtnt of lou or physiql damage to the Propertythe
~lortgagor shall g~ve ~mmcd~ate notice thereof by ma~l to the Mortgagcc and the Mortgagee may make proof of loss if the same is not promptly
made by the Mortgagor. In the e~•ent of (orcclosure of this mongage or other trans(er of titk to the Property all right. title and interest of the
~lortgagor in and to the insurance policics shall pass to the purchaser or grantee.
7. If toe M ortgagor fads to perform his co~•en~nts and agrcements contained in this mongage, or if the Mortgagor fa~ls to perform any duty
nr ~~Ahgat~on ans~ng under a Pnor Mortgage Uncluding the payment of principai and; or interest, deposits on aecount of taaes and insurance
premiums anJ late chargcs even though the holdcr of the Prior Mortgagc has made no demand thereunderand has not threatened any act~on in
c~~nnecUon with the same-, or ~f any action or proceeding is commenced which materially aflects the Mortgagee's interests in the Property,
~ncluding but not lim~ted to em~n~nt doma~n or code enforcement or arrangemcnts involving a bankrupt or decedent. or if there isan apparent
~ bandonment o( the Propert~~, thcn the ~iortgagee at its option may pay to the holder of a Prior Morigage all or parts of tht sums necessary to
hnng the Prior ~lortgagr current, ma~~ make appearances, may enter upon and secure the Property, may disburse such other sums (including
h ut not lim~trd to thc p:+~ mcnt ot ~nsurance prem~ums and taxcs), and may take such other action as the Mortgagee reasonably deems necessary
~~r ~dcisable ~u protect hi~ interests in the Propert~, all without regard to the value of the Property. Any amounts disbursed by the Mortgagee
pursuant to the pro~•isiuns of this paragraph, tugether w•ith interc~t thereon at the rate of e~ghtcen (18~''e) per cent per annum shall becomc
.~dditional indebtedness of the Mortgagor secured b}• thrs mortgage. llnless thc Mortgag~r and Morigagee agree in writing to some other terms
~~f payment, such amounts shall bc payable immediatel~~. Kothing ~n this paragraph shall rcquirc the Mortgagee to incuranyexpense, make any
disbursement or take anv actian w~hatever_
8. All procceds of any award or claim for damages direct or consequential in connection with any condemnation or any other tak~ng by
eminent domain of the Property or any part thercof, or forconveyance in licu of condemnation oremine~t domain are hereby assigned and shall
he paid to the Mortgagce. Unless the ~fortgagor and Mortgagce otherwix~agree in writing (a) all proceeds received by the Mortgagee shall be
applied to the sums securcd by this mortgage wuhout impos~tion of any prepayment charge. and (b) the application of proceeds shall not extend
ur postponc the due date ot installments of principal and intcrest or change the amounts thereof.
9. Any forbearanc~, by tbe tit~rtgagee ir~ c~ercising any nght or remedy hercunder or otherwise afforded by applicable law shall not be a
waiver ot or preclude th~.'eze~cix of such right or remedy. The procurement of insurance or the payment of taxes or other liens or charga or the
paymcnt of sums under a Prior Murtgagc by the Mongagee shall not be a waiver of the Mortgagee's right to accelerate the maturity o( the
indcbtedness secured by this mortgage. All remedies provided in this mortgage are distinct and cumulative to any other right or remedy under
this mortgage or afford:4 by !~w or equity and may be exercised concurrently, independently or suceessively.
10. To pay all costs chuges and expenxs including attorney'c fecs (whether or not litigation occua and if it does then those on appellate as
well as trial k~el) an~', abstract Fosts rcasonably incurrcd or paid at any time by the Mortgaget because of the failure on the part of the
!-lortgagor to perform, c~~r:ply ~vith antl abidc by all of his covenants xt forth in this mortgageand{orthe hoteand/or Prior Mortgage(s)and
thc promissory note(s) sccured thertt~y. '~R3~5 PAGE ~g
! I. The Mortgagee is a licensc-! mortgage broker under Chapter 494, Florida Statutes. $Ij~X
,•:'~ • . .
HI. 2 xo ~Prcpared b~~ StaAley ~:Spielet. Attorney, 4100 Biscayne Boulevard, Miami, florida 33137