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Home My WebLink About1104Roteivt~l 8°~".~+' ~ v 1~' ~aVment Of Taxe! 5~1 U~" I i oroc~p Lv ~7 Oue On Cla~s "C" lntangib~e Pe~sona . 71'~1r. o~•~va;~t to Chepter 71. 134. Att! Ot Sp ROGER POITRAS `-~ / .. ~w.y C~~cuit Court, St. Lucie. Co.. fl~. MORI GAGE made the day below ut forth betwcen the Mortgagor below named and the Mortpgee, METRC c'O., a Florida corportatwn. W HEREAS, the Mortgagor is indehted ta the Mongagee as evidenced bya cenai~ mortgage note(Note)otev~ to Mortgagee as describcd below. To secure to the Mortgagee the pe~tormance by the Mortgagor of all his agrcements set forth in this Mortgage repa~~ment oi the indebtedness evidenced by the Aiote, interest thereon, sums advanced by the Mortga~a in accord this ~fortgage to protect the lien and security tht-eof, and interest thereon, the Mottgagor does hereby mortga~ Mortgagee the rcal property described ixlow toge~her with (a) all eauments, rights, tenementa, heteditament ~ppurtenant thercto; (b) all buildings, structurcs and improvements now or hereafter located upon said real Prop prrscntly attached thereto: pipes, piumbing fixtures and eyuipment, electrical co~duit and winn~ and fixtura, f ronditioning cyuipmrnt and fixtures, sprinkl~ng and irr~gauon equipment and fixtures, pumps, ftnces aad awnin; refrige~ator presenUy upon the premises; all of the foregoing are hercin referred to as the "Property.' To have arn ~turtgagee, ~ts successors and assigns in fee simple. The !~fortgagor convenants that hc is lawfully seized of the estate hereby convey~d and he has the right to moh f'ropeny, that the Property is unencumbeted except as may be bclow noted, and that the Mortgagor will warran~ Property against all cla~ms and demands. And the 4fortgagor covenants and agrees as follows: 1. To promptly pay when due thc principal of and interest on the indebtedness evidenced by the Note and pre~ provided therein. 2. "fo pay all taxes, asxssments, charges, fines and other impositions of governmental authority againat the Pra u( w•hen due or sixty (60) days prior to the same becoming delinquent, whichever may first occur. 3. If it ~s noted below that this is a second or other subordinate ranked mortgage, then to ptomptly pay whei ,~K ing under mortgage~s) of higher priority ("Prior Mortgage~s)"), to promptly pay to the holder(s) of Prior Mortgag ~:~xes and insursnce prcmiums as ma~ be providcd for under the provisions of the Prior Mortgage(s), and to oth ~:~~mpletel~• keep and perform all of the promises and convenants ot the mo»gagar under Prior Mortgage(s) and ihe chrreby; all of the foregoing without regard to a~y w~aivers, extensions or indulgences granttd bythe holder(s)of Pc the pnur consent of the Mortgagee. 4. \ot to ~pply to, request of, receia•e or accept from any holde~ of any Prior Mortgage any money, [unds or tl m;ght or could be considercd as an advance secured by the licn of such Prior Mortgage. 5. \ot to commit waste or permit or suffer the impairment or deterioration of the Ptoperty; not to erect or p huildings on thc Propert}~ or an}• structural altcrations to existing buildings without the Mortgagce's prior written .u~xiivision restrictions an~ zoning and other regulatory laws and ordinances a(fecting the Property. ltthe Property ~tongagor shall,promptly and completdp perform all of his obligations under the declantion ot condomini .~,~ociation's articles of ~ncorportation, by-laws and rules and regulations and other constituent condominium da I~ mited to the payment of all rcgular and special assessments, the liens for which against the Property might or could E ihis mortgage. If the Property is part of a planned unit development. the Mortgagor shall promplty comply with all Q of co~~enants and restrict~ons cstablishing the same and shall promptly fulfill all his obl~gations under theconstituen unit development including the homeowners association's or its e4uivalent's articles and by-laws and shall prom ~ harges of c~•cry~ naturc (no matter how designated) the lien for wh~ch against the Property might ot could have p murtgage. 6. To keep all the Property insured as may be required from time to time by the Mortgagee againat loss b~ casualtics and contingcncies for such periods and for not less than such amounts as may be reasonably required Aj promptl~~ when duc all premiums for such insurancc. The Mortgagoragrees to deliver rcnewal or replacement polici e he tif ongagee at least fiftcen (1 S) days prior to the expiration or anniversary date of the existing pol~cia. Tht amow che titortgagec shall be minimum amounts for ahich said insurana shall be written and it shall be incumbent upon tuch additianal insurance as may be necessary to meet and comply fully with all co-insurance requirements eontaini c hat the :4tortgagor is not a co-insurcr thereundcr. Insurance may be written by a company or compania approve epproval shall not be unrcasonably withheld) and al~ polic~es and renewals shall be held by the Mortgaga unkss in t a Prior Mortgage. All dctailed des~gnations by the Mortgagor which are accepted by the Mortgagee aad all agreeme end Mortgagee relating to insurance. aoweaisting or hereaRer made, shall be in writing aid shall be a part of this moi chnugh sct forth vcrbatim hercin and shall govern both parties hereto. No lien upon any policy of insurana or premium w hich may~ be payable on the cancellation or termmation thereo! shall be given to other than the Mortgag~ ~tortgage or by properendorsement affixed to such policpand approved by the Mottgagee. Each policy olinsunnte titandard \ew York Mongagee Clause Without Contribution maicing all lou or losses under such policy payal ~nterest may appcar. In the event any sum or sums of monty become payablt thercunder the MoR~,tgee shaQ ha~ apply the same on account of the indebtedness secured hereby or to permit the MoRgagor to roa~ve and use it c wa~v~ng or impairing any equity, lien, or right under and by virtue of this mortgage In the event o( lou or pbysical ~ ~tortgagor shall give ~mmediate notice thereoi by mail to the Mortgagee and the Mortgagee may malct prootof los~ n~ade A~• the Mortgagor. In thc event of forcclosure of this mortgage or other trans(er o( titk to the Property all ri, ~1~.rtgagor ~n and to the insurance policies shall pass to the purchaur or grantee. %. If the Mortgagor fails to perform his covcnants and agrcements contained in this mortgage. or if the Mortgag ~~r ~~bligation ansing under a Prior Mortgage (including the payment of principal and/or interat. deposits on accc ~ren:~ums and latc charges even though the holder of the Prior Mortgage has made nodemand thereunderand has c :~~nnect~on with thc same), or if any action or procecding is commenced which materially affects the Mortgagee' ~ ncluding but not limitcd to eminent domain or code enforcement or arrangements involving a bankrupt or deeeder abendonment of the Property, then the Mortgagee at its option may pay to the holder of a Prior Mortgage all or pa nn ng [he P~iur ~lortgage currcnt, may make appearances, may enter upon and securc the Property~ may disburx : nu~ nut limited t~- the paymcnt of insurance premwms and taxes), and may take such otheraction as the Mortgagee r ~~r ad~ iLablc t~~ pn-tect his intcrests in the Property, all without regard to the value of the Property_ Any amounts d pur,uant to the provisions of this paragraph, together with interest thereon at thc rate of eighteen (1890) per cen additional indebtedness of the Mortgagor securcd by this mortgage. Unless the Mortgagor and Mortgageeagree in ~ ~~t payment, such amounts shall be payable immediately. Yothing in this paragraph shall requirc the Mortgagee to in d~sbursement or take any action whatever. 8_ All proceeds of any award or claim for damages direct or consequential in conntetion with any condemna ertiincnt domain of the Property or any part thereof, or forconveyance in lieu of condemnation oreminent domain ar be paid to thc Mortgagce. Unless the Mortgagor and Mortgagee otherwise agree in writing (a) all proceeds «ceived ~ppl~ed to the sums secured by this mortgage v-nthout impos~tion of any prepayment charge. and (b) the application c or postpone the due date o( installments of principal and interest or change the amounts thercof. 9. Any forbcarana by the Mortgagce in exercising any right or remedy hercunder or otherwise afforded by a~ xai~•er of or prcclude the eaercise o( such right or remedy. The procurement of msunnoe or the paymentof taxes or i paymcnt of sums under a Prior Mortgage by the Mortgagee shall not be a waiver of the Mortgaget's right to au ~ndcbtedness sccured by this mortgage. AU rcm~dies providal in this mortgage are distinct and cumulative to sny o t5i5 mortgage or afforded by law or equity an~ tna J exercised concurrently. independe~tly or sutauively. 10. To pay all costs charges and expenses includin~attorney's fees (whether or not litigation oocun and if it doe w•ell as trial level) and abstract costs reascnsbly incurred or paid, at any time by the Mortga~a because of the !~tortgagor to perform, comply with and abidt by a{i df his covenants xt forth in this mortgage and/or the Note and thc promissory note(s) securcd thercby_ I I. The Mortgagee is a licensed mortga~e broker under Chapter 494, Florida Statutes. ~ i~ ~ s,~ai ~~~ H~ :+~~ ~Preparcd by Stanley H. Spieler, Attorney, 4~00 Biscayne Boukvard, Miami, Florida 33 : ~ - =~ ` ~ :~~:, ~a R= ~-.>~ ~ ..,~ - _ . ~