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R~: r'Y:9 s o~ ~ y~ 111 MY6IENT OF T11XE= 519553
C~': CV Ol~:t 'C 1!IiAkC:SLE ~ERSOMI~I P"aPEATY,
FU:.S:ti.Ni TO GH",PiE~ 71-t?4. ACTS Of 1~71. ~
ROGER Pu1TR/= ~
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MORTGAGE made the day below set tonh between the Mortgagor below named and the Mortgagee. METROPOLITAN MORTGAGE
C'O., a Florida corporWtion.
W H E R EAS, the Mongagor is indebted to the Mongagee as evidenced by a cectain mongage ente (Note) of even date from the Mongagor
to Mortgagee as dcscribed belov-.
To secure to the Mongagee the performance by the Mortgagot of all his agrcements set (orth in this Mortpge and the Note, including th~
repaymene of the indebtedness evidenced by the Note, intercst thereon, sums advanccd by the Mortga`ee in aecordance with the provisions of
~h~s hlortgage to protect the I~en and xcurity thereof. and interest thercon, the Mongagor does hereby mongaae. arant and convey to the
~tortgagee the reat property described below togc~her with (a) all easements, rights, tenements. hereditaments. rcnts. issues and profits
.,ppurtenant therrto; (b) all buildings, structura and ~mprovements now or hereaRer located upon said real property. (e) ali of the following
prrsentlr attachcd thereto: pipes, plumbing fiatures and e~uipmrnt, electrical condwt and wi~ng aad fixtures, heatmg and cooling and a~r
~c~nditioning equipment and fixtura, sprinklmg and irngauon equipmcnt and fixtures, pumps, fenca and awnings; and (d) range, oven and
refrigerator prcsentty upo~ the premises; all of the foregoing arc here~n re[erred to as the "Property." To have and to hold the same unto the
~furtgagce, ~ts successors and assigns in !ee simple_
The Nortgagor conve~ants that he is lawfully seized of the estate hercby conveyed and he has the right to mortgage, grant and convey the
1'ro~xrtp, that the Property is unencumbered except as may be below noted, and that the Mortgagor will wanant and defend the title to the
o,~Yirt~' ~ga::st 3!! c!~i:~s y::t! d~.~~~dS.
And the Mortgagor covenants and agrccs u follows:
I. To promptly pay when due the principal of and interest on the indebtedness evidenced by the Note and prepayment and late charges as
provided therein.
2. To pay all taxes, asseuments, chargcs, fi~cs and other impositions of governmental suthority a~ainst the Property withi~ sixty (60) days
uf wl:en due or siaty (60) days prior to the same becoming detinquent, whichever may first oocur.
3. If it ~s noted below that this is a sccond or other subordinate ranked mortgage, then to promptlypa y when due principal and interest
uw ~ng under mortgage(s) of h~gher priority ("Prior MortgagNs)"), to promptly pay to the holder(s) of Pnor Mortga$e(s) sums due on account of
cexes and insurance premiums as may be provided for under the provisions of the Prior Mortgage(s). and to othervrix fully, promptly and
c~~mpletely keep and perform all of the promises and convenants of the mortgagor under Prior Mortgage(s) and tht promissory ~ote(s) securcd
t hereby; all of the toregoing v-~ithout regard to any waivers, extensions or indulgences granted by the holder(s) of Prior Mortgage(s) unlcss with
the prior consent ot the Mortgagee.
4. \ot to appl~• to, request of, recei~~e or accept from any holder of any Pnor Mortgag~ any money, funds or things otvalue which would,
m~ght or could be considered as an advance secured by the lien of such Pnor Mortgage.
S. \ot to commit w~aste or permit or su(fer the impairment or deterioration of the Property; not to erect or permit to be erected any new
huildings on the Property~ or any structural altcrations to existing buildings without the Mortgagte's prior writtea conunt; to comply with all
, ubd~~~~sion restrict~ons and zoning and other regulatory laws and ordinances af(ecting the Property. If the Property is a eondominium unit, the
~tangagor shall,p~omptl} and completely perform aU of his obligations under the dectantion of eondominium and tht condominium
.~ssociation's articles of incorportation, by-laws and rules and rcgulations and other constituent condominium documents including but not
I~ mitcd to the payment o(all regular and special assessments, the liens for which against the Property mi~ht ortould have priority over the lien o[
c h-s mongage. If the ProQeny ~s part of a planncd unit development, the Mortgagor shall promplty comply with aU provis~ons of the dectaration
of co~•enants and restnct~ons establishiag the same and shall promptly fulfill all his obligations under the constituent dceuments ot the planned
un~t development including the homeownrrs association's or us ~qwvalent's articles and by-lar~n and :hall promptly pay all usessments or
charges of c~•er}• nature (no matter how designated) the lien tor which against the Property might or could have priority over tbe lien of this
mortgage.
6. To keep all thc Property insurcd as may be required from time to time by the Mortgagee against loss by firc. windstorm, haurds,
casualtia and contingencics for such periods and for not less than such amounu u may be reasonably rcquired b~r the Mortgagee and to pay
promptly w~hen due all premiums for such insurancc. The Mortgagoragrces to detiver renewal or replaament polictes or artificates thercfor to
c hc 4longagee at least fiftcen (1 S) days prior to the expiration or anniversary date of the existing policia. The amounts of insunnce required by
chc Mortgagce shall be minimum amounts for ahich said insurance shall be written and it shall be incumbent upon ihe Mortgagor to maintain
s~ch addiuonal insurance as may be nec~ssary to mcet and comply fully with all co-insurance requirements contained in said policies to the end
that the Nartgagor is not a co-msurer thereunder. Insurance may be written by a company or companies approved by the Mortgagee (which
a pproval shall not be unrcasonably withheld) and all policies and rcnewals shall be htld by the Mortgagee unkss in the possession of a holder o!
a Prior Mortgage. All detailed des~gnations bp the Mortgagor which are accepted by the Mortgagee and all agreemenu between the Mortgagor
a nd Mortgagcc rclating to insurance, now existing or hereaft~r made. shall be m writing and shall be apa rt otthit mortgage agreement as fully as
ehough sct forth verbatim herein and shall go~•ern both panies hercto. No lien upon any policy of insurante or upon any refund or return
prem~um w h~ch ma}• be payablc on thc cancellatiun or termination thereof shall be given to other than the MortgaEee eacept a holder ot a Prior
~t ortgage or by proper er,dorsemcnt affiaed to such policy and approved by the Mortgagee_ Each poliey of inaurana shall have affixed thereto a
~iandard 1ew• York iNortgagee Clause R'~thout Contribution making all lou or tosxs under such poGey payable to the Mortgagee as its
: nterest may~ apprar. In the event an}• sum or sums of money become payabk thereunder the Mort~sgee shall bave the option to rcceive and
appl~• the samc on account ot the indebtedn~ss securcd hereby or to permit the Mortgagor to recave and use it or any part thereof without
k a~.•~ng or impairing any equity, lien, or right under and by virtue of this mortgage. ln the event of loss or physical Gamage to the Propeny the
`.! ortgagor shall gn•e immed~ate not~ce thereof by ma~l to the Mortgagce and the Mortgagee may make proof of loss if the same is not promptly
~iade b~• the Mongagor. In the e~•cnt of torcclosure of this mortgage or other transfer of titk to the PropeRy all right, title and interest of the
~t.~rtgagor m and to the msurance policies shall pass to the purchaser or grantee.
'. If thc Mor[gagor (ads to perform his covenants and agreements contained in this mortgage, or if the Mortgagor tails to pertorm any duty
,~r ubligation rising under a Prior Mongage (including the payment of principal and/ or interest. deposits on account of taxes and insurance
1 remiums an~late charges even though the holder of the Prior Mortgage has made no demand thereundtr and has not threatencd am~ action in
.~~nnect~on w~tn thc same-, or d any action or procceding is commenud which materially affects the Mortgagee's interests in thc Propert~,
ncludmg Aut not I~m~ted to em~nent domain or code enforcement or arrangements involving a bankrupt or dtadent, or if there is an apparent
:~ handonmcnt of the Property, then the htortgagee at its option may pay to the holder of a Prior Mortgage all or paRS of the sums necessarv to
~r, n~ ~ he 1'nc~r ~tortgage current, may make appearanees. may enter upon and secure the Property, may disburx such other sums (inciud~ng
~::t n~~t limrtrd t~ thc pa}•ment of insuranct premiums and taxes-, and may take such otheraction as the Mortgagee reasonabl~• deems necessar}•
~- :,d. ~s:~hic s~~ protect his interests in thc Property, all w~ithout regard to the value of the Property. Any amounts disbursed by the tilortgagee
~ursuant to thc pro~~isions of this paragraph, together with intercst thereon at the rate of eighteen (18~) per cent per annum shall become
.,~iditional indcbtcdness of the Mortgagor secured by this mongage. Unless thc Mortgagor and Mortgagee agree in writing to some other terms
,t pa~~ment, such amounts shall be pa}~able immediately. \othing in this paragraph shalt requirc the Mortgagce to incur an~~expense, make am~
:i~sburscment or take am• action w~hate~~er.
8. .411 proceeds of any award or claim for damages direct or consequential in connection with any condemnation or any other tainng by
cm ~ncnt domain of the Propert~ or any part thereof, or [or conveyance in litu of condemnation or eminent domain are heroby usigned and shall
he pa~d to the Mortgagte. Unless the Mortgagor and Mortgagee otherwise agree in writing (a) al! procecds received by the Mortgagee shall be
a ppl~cd to the sums secured by thi's mongage without imposit~on of any prepayment chatge. and (b) the application of procecds shall not extend
ur postpone the due date of installments of principal and interest or change the amounts thereof.
4. Any forbearance by the Mortgagte in esercising any nght or remedy hercunder ot otherwise afforded by applicable lav- shall not be a
w a~vcr of or preciade ths exerciu oi such right or remedy. The procurcment of insunnce or the paymenf of aaa or other Gens or charges or the
pa~~ment of sums under a Prior tifortgage by the Mortgagee shall not be a waiver of the Mortgaget's right to accelerate the maturity of the
~ndebtcdncss sccured by this mongage. All remedies provided in this mortgage arc distinct and eumulative to any other right or remedy under
this mortgage or atforded by kw or equity and may bc exercised concurrently. independently or suceessively.
10. To pay all qpsts ~harges and expenses including attorney's fees (whether or not litigation oceurs and it it does then those on appellate as
wcll as trial le;~el- and abstract costs reasonably incurred or paid at any time by t6e Mortgajee because of the failure on the part of the
titoregaKor to pcr~: rry, comply with and abide by all of his covenants xt forth in this mortgage and ~' or the Note and ! or Prior Mortgage(s) and
chc promissor}• notqf) secured thereby.
1 I. The 4lortgagce is a~~icenud mortgage aroker under Chapter 494, Florida Sututes. T'~~~ ~ f •J~39
gn.~-,. p~r~
H~ z„n ~Prepared b~ Stanlcy H. SQie~er. Attorney, 4~00 B~scaynt Boukvard, M~ami, Ftonda 33137