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Home My WebLink About0759I~str~c: t~ ~l'~ite C~rp. ~f ~lorida Ri!'f;Y:D i ~'~s IN PAYt1ENT OF TAXES '"c C.'1 Lt"; •C' •.• .';r 3ff P.~:~O;::l PR9~•E&TY, FU:.:,~'.NI i~ it;.~'1 .:1•i.:~, ACTS OF 1~71. t:•~Sti Pu1TfAS ~ CLEFK Gx~UIT COSAT~ ST. WCIE W. M.~ 5i79'71 1~ 3•'~ ~ MORTGAGE made thc day below set (orth between the Mortgagor below named and the Mortgagee, METROPOI.ITAN MORTGAGE l (1., a Flor~da corportation. W H E R E: AS, the Mortgagor is indebted to the Mortgagee as evidenced by a cortain mongage note (Note) o(even date from the Mo~tgagor to ~lortgagee as described below. To secure to thc Mortgagee the perfo~mance by the Mongagor of all his agrcements set forth in this Mortgage and the Note, includ~ng the rrpa~~ment o( the indebtedness e~•idenced bY the Note, interest thtreon, sums advanced by the Mortgagee in accordanee with the provisions ot th~s Alongage to protect the lien and securit~~ thereof, and interest thereon, the Mortgagor does heteby morigage, grant and convey to the ~tortgagee the real property described below toge~her with (a) all eauments, rights, te~ements, hereditaments, rents, issues and profits .+ppu~trn~nt thereto; lb) all bu~ldings, structures and ~mprovements now or hereafter located upon said real property. (c) all of the following prrcentl~~ ~ttached thereto: pipes, plumbing fixtures and equipment, electrical conduit and wiring and 6xtures, heating and cooling and air ronditioning eyuipment and fixtures, sprinkling and irrigation equipment and fixtures, pumps, knces and awnings; and (d) range, oven and rrfnRerator prcsenUy upon the premises; all of the foregoing arc herein re(erred to as the "Property." To have and :o hold the same unto the ~turtgaRee, its successors and assigns in fee simple. "Thr ~tortgagor convenants that he is lawfully seized of the estate hereby conveyed and he has the right to mortgage, grant and convey tAe 1'roprrty, sh~t the Property is unencumbered except as may be below noted, and that the Mortgaaor will warra~t and defend the title to the Propert~• against all claims and demands. And the `tortgagor co~•enants and agrees as follows: I. 1'o promptly pay wbcn due the principal of and interest on the indebtedness evidenced by the Note and prcpayment and late charges as pro~ided therein. 2. 1-o pay all taxcs, asscs'sments, charges, fincs and other impositions of governmental authority against the Property within sixty (60) days uf when due or s~xty (60) days pnor to thc same becoming delinquent, whichever may first occur. 3. If u~s noted below that this is a sccond or other subordinate ranked mortgage, then to promptly pay when due principal and interest ~~w ~ng under mortgagels) of higher priority ("Prior Mortgage~s-"), to promptly pay to the holder(s) of Prior Mortgage(s) sums due on account of tares and ~nsurance premiums as ma~• be providetl for under the pro~•isions of the Prior Morigage(s), and to otherwist fully~ promptly and ~~~mplctel~• leep and perform all of the promiscs and com•enants o( the mortgagor under Prior Mortgage(s)and the promissory note(s) securcd t hereb~; al! o( the (oregoing w•ithout regard to any waivers, extcnsions or indulgenccs granted by the holder(s) of Prior Mortgage~s) unless with che pnor consent of 1he Mortgagee. 4. ~ot to apply to, requat o(, recei~-c or accept from any~ holder of any Prior Mortgage any money, funds or things of value which would, m~ght or could t+e cons~dercd as an ad~•ance secured by the I~en of such Prior Mortgage. 5. \ot ti~ commrt waste or permit or suffer the impairmcnt or dcterioration of the Property; not to ercct or permit to be erccted any new huildings on the Propert}• or an~~ structural allcrations to existing buildings without the ~lortgagte's prior wriuen consent; to comply with all ~ ubd~~ ~sion restnctions and zomng and other rcguiatory laws and ordinantes affecting the Property. If the Property is a condominium unit, tht ~tartgagor shall,promptly and completely perform all of his obligations under the declaration of eondominium and the condominium .s,sociauon's articles of mcorportation, by-laws and rules and regulations and other constituent condominium doeuments including but not 1~ m-tcd to the pa~•ment oi all regular and special asussments, the liens for which against the P~operty might or could have priority over the licn of c h~s mortgage. If the Property is part of a planncd unit development, the Mortgagor sFall promplty comply with all provisions of the declaration ,~i ~o~enants and restrict~ons establ~shing the same and shall promptly fulfill a!1 his obligations undertheconstituent documents of th~ planned unlt de~•clopment including the homeowners association's or its equivalent's articles and by-laws and shall promptly pay all assessments or : nargcs of e~~er~• nature ~no matter how dcsignatcd- the licn (or which against the Pruperty might or could have priority over the lien of this mortgage. « _ ~ 6. To keep aH the 'P~jie~ty insured as may b~ required from time to time by the Mortgagee against loss by fire, windstorm, hazards, casualt~es and conungencies for such periods and for not Icss than such amounts as may be rcasonably rcquired by the Mortgagee and to pay promptl~• w~hen duc all premiums (or such insurance. Thc Mortgagor agrces to deliver renewal or replaament policies or certiCcates there(or to ~ he ~lortgagee at least Cfte~n (1 S) days prior to the eapiration or anniversary date of the ezisting policies. The amounts of insurance required by ihe ~tortgagee shall be minimum amounts for ahich said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain cuch additional insurance as may be nccessan~ to meet and comply fully with aU co-insurance requirements eontained in said polieies to the end c hat the titortgagor es not a co-insurer thereunder. Insurance may be written by a company or companies approved by the Mortgagee (which a ppro~~al shall not bc unreasonably withheld) and all policies and rencwals shall be held by the Mortgagee unless in the possession of a holder of a Pnor \lortgagt. All detailed designatiens by~ the Mortgagor which are atcepted by the Mortgagee and all agrtemenu between the Mortgagot a nd ~f ortgagee relating to insurance, now existing on c~reafter made, shall be in writing and shall be a paR of this mortgage agreement as fully as ct~uugh set forth ~~erbatim herem and shall gocern both parties hereto. No lien upon any policy of insurance or upon any refund or return premium u nich ma~ be pay~able on the canccllation or termination thercof shall be given to other than the Mortgagee except a holder of a Prior :1 ortgage or b~• proper endorsement affixrd to such policy and approved by the Llortgagce. Each policy of insuranee shall have affixed thereto a Standard ~ew~ York Mortgagce Clauu Without Contribution making all loss or losses under such policy payabk to the Mortgagee as its ,nterest ma~• appcar. In the event an~• sum or sums of money become payable thereunder the Mott~aget shall have the option to receive and appl}• the same an account of the indebtedness secured hereby or to perm~t the Mortgagor to rective and use it or any part thercof without w ai~ ~ng or ~mpairing any equity, lien, or right under and by virtue of this mortgage. In the event of loss or physical damage to thc Property the ~1 nrtgagor shall gn~c immediate noucc thercot by mail to the Mortgagee and the Nortgagee may make proof of loss if the same is not promptly ~:iede b~ the ~tortgagor. In the c~~cnt of forcclosure of this mortgage or other transfer of titlt to tht Property tl) right, title and interest of the ~lortgagor in and to the insurance policics shall pass to the purchaser or grantee. ' If the ~tortgagor fails to pcrform his co~•enants and agrcements contained in this mortgage, or if the Mortgagor fails to perform any duty ~~ .~hl~gat~on ansing under a Pnor Mortgage (including thc payment of principal and/or interest, deposits on account of taxes and insurance ~rrmiums and latc charges cvcn though thc hotder of the Prior Mortgage has made nodemand thercunderand has not thrtatened an~~ action in :nnect~on w~th the same), or if any action or proceeding is commenced which materially affects the Mortgagee s interests in the Property, n~ ~uding but not limued to cminent domain or codc enforcement or arrangemenu involving a bankrupt or deadent, or if there is an apparcnt ~ handonment of thc Property, then the Mortgagec at its option may pay to the holder of a Prior Mortgage all or parts of the sums necessary to -~•:ng thr Pnur ~torigage current, may makt appearancts, may enter upon and securc the Property, may disburse such other sums (inciuding -~,:t n~~t hm~trd to the payment of insurance premiums and taxes), and may take such otheraction as the Mortgagee reasonably deems neccssan• ,r ad~ ~,~hlr to prutect his interests in the Property, all without regard to the ~~alue of thc Property. Any amounts disbursed by the Mortgagee , ur,uant to the pro~isions of this paragraph, togt:her w•ith interest thereon at thc rate of ~ighteen (18~'~) per cent per annum shall bccome .,Jd~t~onal ~ndebtedncss of the Mortgagor secured b~• this mongage. Unless the Mortgagorand Mortgagee agree in wntingtosomc other terms ~! ~cment. such amounts shall be payable immediatelp. \othing in this paragraph shall require the Mortgagee to incurany~ expense, make an}~ -i:tibursement or take anv action w•hatever. is. Ail procceds of any award or claim for damages direct or consequential in connection with any condemnation or any other takmg by eminent domain of the Property or any part thereof, or forconveyance in lieu of condemnation or eminent domain are hereby assigned and shall he paid to the ylortgagce. Unlcss the Mongagor and Mortgagee otherwise agree in writing (a) all procecds received by the Mortgagee shall be a pplicd to the sums securcd by this mortgage without imposition of any prepayment charge. and (b) the application of proceeds shall not extend ~~r postpone the due date oi installments of principal and interest or change the amounu thereo[. 9. Any~ forbearance by the Mortgagee in eaercising any rignt or remedy hercunder or otberwise afforded by applicable law shall not be a w aicer 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 pxyment of sums undcr a Prior Mortgage by the Mongagec shall not be a waiver of the Mortgagee's right to accelerate the maturity of the ;ndebtedness secured by this mortgage. All remedies provided in this mortgage are distinet and cumulative to any other right or remedy under th~s mortgage or ~ffor~+ed by law or equity and may be exerciscd concurrently. independently or sucteuively. 10. To pay all costs ut~~ges and expenxs including attorney's (ees (whether or not litigation ooeurs and if it does then thou on appellate as wcll as tri~l Ifvel- anu abs+~fect costs reasonably incurred or paid at any time by the MoRgagee because of the failure on the Part of the !~lortgagor to perform, comply with and abide by all of his covenants ut forth in this mortgage and/or the Yote and~ or Prior MortgagNs)and thc promusory notc~(a- lec~red thcreby. 11 The Mortgagee is a lictnsed mortgage broker under Chapter 494, Florida Statutes. pr(~~34~ P~~E ,J ~O 3 ki : R~~ F Prepercd b~ Stanley H. Spicler, Attornty. 4700 Biscaynt Boulevard, Miami, Florida 33137 ~ w ~.a'~.~ -~:..- .. . ' - . _ . -- '-S + _ ~ ~ . ... ,y~'~,y