HomeMy WebLinkAbout2438,
RecPived d ~'~• ~~ In Peyment O~ Taxet
p~~P l~n Class .•C•. IntanpiblePe~aons~p~oM~t1r.
ou~suant To Chapter ~1. 134, Actt 0~'~~.
ROGER POITRAS ~1f~
~:~n-~ C~rcuit Coun. St, lucis. Co.. FI~.
5156;39
~~
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MORTGAGE made the day bclow xt (orth betwecn the Mongagor below named and the MoRp~ee. METROPOLITAN MORTGAGE
l'O., a Florida corportation.
W H ER EAS, the Mortgagor is indebted to the Mortgagee as evidenced by a cenain mort~ast aote (Note) of even date from the Monaagor
cn Mortgagee as described below.
To secure to the Mortgaga the pertormance by the Mongagor of ail his agreements set fotth in this Mortpge and the Note, including the
re~ayment of the indebtedness evidenced by the Note. intercst thercon, sums advanced by the Monp~ee i~ accordana with the provisions of
~h~s Mortgage to protect the lien and security thsrcof. and intercst thereon. the Mongagor doet hereby mortpae. ~raet and convey to the
~lortgagee the reat propeny described bclow toge~her with (a) all easements. rights, tenemeats. he[oditamenu. renu. issues and profits
appunenant thercto; (b) all buildi~gs, structures and ~mprovements now or hereaRer located upoa uid real property. (c) all of the tollowing
presentiy attached thereto: pipes, plumbing fixtura and e4uipment. electrical eonduit and wirinj aad fixtura. heatin~ and cooting and air
~onditioning equipme~t and fixturcs, sprinklmg and irrigation equipment a~d fixtures. pumps. fenca and awnin~s; and (d) range, oven and
rririgerator presently upon the premises; all ot the torcgoing arc herem refetrcd to as the "Prope~ty." To have anA to dold the same unto the
~f ortgagee, us successors and assigns in ke simpk.
The Mortgagor convenants that he is lawfully uized of the estate hercby conveyed and he has the riRht to mortgage. grant and convey the
t'roperty, that the Propeny is unencumbered except as may be below noted, and that the Mortga~or vnll warrant and defend the titk to the
Propeny against all cla~ms and demands.
And the Mongagor 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 u
provided thtnin.
2_ To pay all taxes. assessments, charges, fines and other impositions of governmental authority apinst t6e Propeny within sixty (60) days
of when due o~ sixty (60) days p~or to the same becoming delinquent, whichever may first occur. •
3. It it is notcd below that this is a second or other subordinate ranked mortgage, the~ to promptlypay when due principal and intercst
~+w•~ng under mortgag~(s) of higher priority ("Prior Mortgage(s)"), to promptly pay to the holdeK:) of Pnor Mortgage(s) sums due on aaount of
-axes and insurance premiums as may be provided for unde~ the provisions of the Prioc Mortgage(s). and to otherwise fully~ promptly and
~ umpletely keep and perform all o( the promises and convenants of the mortgagor under Prior Mortgage(s) aad the promissory note(s) savred
~ hereby; all ot the foregoing without regard to any wai~ers, extensions or indulgences granted by the holder(s) of Prior Mortgage(s) unkss with
che pnor consent of the Mortgagee.
4. hot to apply to, rcqucst of, rcceive or accept from any holder of any Prior Mortgage any money. fuads or things of value which would,
m~ght or cauld be considered as an advance securcd by the lien of such Prior Mortgage.
5. hot to commit waste or permit or suffer the impairment or deteriontion of the Property; not to erect or pennit to be erected any new
hwldings on the Property or any structural alterations to existing buildings without the Mortga~eee't prior rvritten consent• to comply with all
~u bdivision restrictions and zomng and other regulatory laws and ordinances affecting the Property. !f the Propert~r is a condominium unit, the
tilongagor shall~ promptly and completcly pcrform all of his obligations under the declarauon ot eondomin~um and the coadominium
assnr~at~on s articles of incorportation, by-laws and rules and regulations and other constituent condominium documents including but not
1~ mited to the payment of all regular and special assessments. the liens for which against the Property mi~ht or could have priority over the lien of
c h~s mortgagc_ If the Pro~rty is part of a planned unit development. the Mortgagor shall prompltyeomply ~vith aU proviswons of the dalantion
of covenants and rcstrictions atabl~shing the same and st~all promptly fulfil! aU his obligations under the constitueat documeats of the plaancd
unit development including the homeowners auociation's or ~ts eyurvaknt's articla and by-laws and tlWl prompdy pay aU assessments or
charges of every nature (no matter how designatcd) the lien tor whuh against the Property m~ght or could 6av~e pnority over the lien o(this
mortgage.
6. To keep all the Property insurcd as may be requircd from time to time by the Mortgagoe agaiost loss by fire. windstonn, haurds,
casualtics and contingencies for such periods and for not less than such amounts u may be reuonably roquired by tlx Mortga~oe and to pay
promptlywhendu~all prcmiumsforsuchinsurance.TheMortgagoragreestodeGverrenewalorreplacementpoliciaoroertificatatfxrcforto
c he Mortgagee at least fifteen (1 S) days prior to the cxpiration or annivetsary date otthe existing poGcia. The amounu of insuraaoe requircd by
t hc Mortgagce shall be minimum amounts for which said insurancrshall be written and it shall be ipcumbent upon the Mortgagor to maintain
such additional insuranve as may be necessary to meet and comply futly with all co-insurance rcquirementseontaiued in said policia to theend
c hat the Mongagor is not a co-~nsurer thercunder. Insurance may be written by a company or compania approvod by t6e Mortgage.e (which
a pproval shall not be unicasonably withheld) and all policia and rcnewals shaU be held by the Mortgasee unkst io the possession of a holder of
a Prior Mongage. All detailed daignations by the Mortgagor which are acoepted b~r the Mortgagoe and sll a~eemeats betwreen the Mortgagor
a nd Morigagee rclating to insurartce, now existmg or her~after made. shall be in wriung and shall be apa rt of this mortaaae agrameat as fully u
chough xt (orth verbatim herein and shall gove~n both parties hercto. No lien upon any poGry of iaturanoe or upon aay refutid or return
premium which may be payable on the canceUation or termination thereof shall be g~ven to otlxr than the Mortp6ee exoept a holder of a Prior
~! ortgage or by properendorsement affixed to such policy and~approved by the Mortgagee. Each poGcy of insuranoe slull have at~aed thereto a
S:andard i~ew York Mortgagee Clause Without Contnbution malcing aQ lou or lossa under sucb policy payabk to the Mort~a~ee u its
~nterest may appear. ln the event any sum or sums of money become payabk thercunder the Mort~asoe:6al16av~e t6e option to reoeive and
apply the same on account of the indebtedncss secured hereby or~to permit the Moctgagor to roa~vs aod ux it or any part thenof without
w a~v~ng or impairing any equity. lien, or right under and by virtoe of this mortgsge In the event of loss or physipl damage to the Ptoperty the
~1 ortgagor shall give immed~ate notice thereot by mail to the Mortgagee and the MoRgagee may auke proo(of lou if the saroe is not prompdy
madc by the Mortgagor_ In the evcnt of foreclosure of this mortgage or other tnnsfer of titk to the Ptoperty all right. titk and intemt of the
~t~rtgagor in and to the insurance policia shall pass to the purchaser or gnntee.
7. I( the Mortg~aor fails to perform his covenants and agrcements conuined in this mortgage, or if the Mortgagor fails to pcrform anyduty
~~r ~~Aligation arising under a Prior Mortgage (inciuding the payment of principal and/or interat. deposits on aocount of uacs and insunnce
p rem~ums and late charges even though the holder of the Prior Mortgage has made no demand thercunderand has not thratened any action in
~~~nnect~on with the same), or if any action or procecding is commenced whicb materially affects tbe Mortpaoe': interats in the Property.
~ ncluding but not limited to emintnt domain or code en(orcement or arrangements involving a banktupt or decedent. or if therc is an apparcnt
a ba ndonment of the Property, thcn the Mortgagee at its option may pay to the holder of a Prior Mortgaae all or paru of the sums necessary to
hr~ng the Prior Mortgage current, may make appearances, may enter upon and securc the Property. may disburse such other sums (induding
h ut n~~t limited to the payment of insurance prem~ums and taaes), and may take such other action u the Mortgagoe reasonably deems necessary
~~r ad~isable to protect his interests in the Property. all without regard to the value of the Property. Any amounts disbursed by the ~tongagec
pursuant to thc provisions of this paragraph, together with interest thereon at the rate of e~ghtetn (1896) per ant per annum shall become
: dditional indebtedness of the Mortgagor secured by this mortgage. Unless the Mortgagor and Mortgagee agree in writing to some otherterms
~:t pay~ment, such amounts shall be payabk immediately. Nothing in this paragraph shall rcquire the Mort~agee to incuranyespense, make any
d~~bursement or take any action whatever_
8. All procecds of any award or claim for damages direct or conxquential in connoction with any condemnation or any other taking by
em~nent domain of the Property or any part thereof. or for conveyance in Geu of eondemnation or eminent domain arc hercby assigned and shall
he paid to the Mortgagee. Unless the Mortgagor and Mortgagce otherwise agee in writing (a) all Prooeeds reoeivod by the Mortgag~e shall be
appl~ed to the sums secured by this mortgage without imposu~on of any prepayment charge, and (b) the applicatioa of proaeds shall not tatend
or postpone the due date of installments of principal and interat or change the amounts thereof.
9. Any forbearance by the Mortgagee in exercising any right or rcmedy hercunder or otherwise afforded by appGubk law shall not be a
w ai~~er of or preclude the eaercise of such right or rcmedy. The procurcment of ~nsunnce or the payment o[taxa or other Gens or charges or the
payment ot sums under a Prior Mortgage by the Mortg,agee shall not be a waiyer of the Mortp~cds right to acoekrate the maturity of tbe
~ ndebtednas secured by this mortgage. All remedia prov~ded in this mortgage arc distinct and cumulative to aay other right or nmedy under
th~s mortgage or afforded by law or equity and may be eaercised concurrently, independently ot suctessively.
10_ To pay a{f ccnts charga and eapenses including attornejrs fees (whether or not 6tiptioo occurs and i(it doa then those on appellate as
wcll as trial level) and abstract costs reuonably incurred or paid at any time by tlx Mottpjee bocause ot the tailurc on the part of the
!~1 ortgagor teqe rform, rvmply with and abide by all of his covenants set forth in thu mortgage and Jor tbe Npte and/or Prior Mortaa6e(s) and
chc prom~ssct:yf~ov~(j) securcd thereby.
I1. Thc Mongagee is a licensed mortgage broker undcr Chapter 494. Florida Statutes. ~~~~~~ ~~~~2
ni ~+K- ~~Prepared by Stanley H. $pieler, Attorney. 4700 Biscayne Boukvard, Miami. Florida 33137
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