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HomeMy WebLinkAbout2054Recsived • ~~~ ~ ~~^ Pa~""ent O~ Tsx~ pue O~ Class "C" Intang~bla Persona~ proM"tb~ o~rsuant To Chaptar 71. 134. Act! O~'~p~~• ROGER POITRAS ~/ i_la~y ClrCUit COY-t. St. lucie. Co.. FI~. ~ Ki z +u~ ~Preparcd a ~ ~ n _ - - ~ s,.~~,;~:~~.~,. _,:<~x ..~.-~.~:. _ . . , . ; ~yt+dCt d, Title Cor , '~ ~ P of Flor;da 51'~065 ~ ' I~ ~, I~~~~~ MORTGAGE made the day below set forth between the Mortgagor below named and the Mortp~ee, METROPOLITAN MORTGAGE CO.. a Florida cocportation. W H ERF.AS, the Mortgagor is indebtcd to the Mortgagee u evidenced by a tertain mortpae aote (Note) o[even date from the Mortgagor to Mortgagee as described below. To securc to the Mongaga the perf'orma~ce by the Mortgagor of all his agreements set fonh in this Mortgage and the Note. including the rcpayment ot the indebtcdness evidenced by the Note. i~tercst thercon, sums advanced by the Mortga~ce i~ sccordance with the provisions of this Mortgage to protect the lie~ and security thercof. and interest thercon, the Mongagor doa heteby mortpge. grant a~d convey to the Mortgagee the rcal property descnbcd below toge~her with (a) all easements. righcs. tenements. heroditaments. rents. iuues and profits appurtrnant thereto; (b) all buildings, structures and improvements ~ow or hercaQer located upon uid teal property. (e) all of the following presently attached thereto: pipes, plumbing fixtures and e4uipment, electrical conduit and winn~ and fixtura. heat~ng ~nd cooling and a~r conditioning equipment and fixturcs, sprinkling and imgat~on equipment and fixtures. pumps. fenca artd awnings; and (d) range. oven a~d rcfrigerator presently upon the premises; all of the (ongoing arc hercm rcferrcd to as the "P~operty." To have and to hold the sam4 unto the Nortgagee, us successors and ass~gns in fee simpk. The tilortgagor convenants that he is lawfully seized of the estate hercby conveyed and he hu the right to mortgage, grant and convty ehe Propeny, that the Propeny is unencumbered except as may be below noted. and that the Mortgaaor vnll wamnt and defe~d the title to the Property against all claims and demands. And the Mongagor covenants and agrees as follows: 1_ I'o promptly pay when due the principal of and interest on the indebtedncss evidenad by the Note and prcpayment and late charges as provided therein. 2. To pay all taxes, asxssments, charges, Gnes and other impositions of governmental authority apinst the Property within sixty (60) days o[ when due or sixty (60) days prior to the same becoming deGnquent. whichever may first axut. ?. If it is noted below that this is a second or other subordinate ranked mortgage. then to promptlypay wAen due principal and interest ow~~ng under mongage(s) of higher priority ("Prior Mortgage(s)"), to promptly pay to the hoWer(s) of Prior Mortgage(s) sums due on account of taxcs and insurance prcmwms as may be provid~d (or under the provisions of the Prior Morigage(a), and to otherw~se fully, promptly and completely keep and perform all of the promius and convenants ot the mortgagor under Prior Mortgage(a) and the promisaory note(s) secured thereby; all of the foregoing without regard to any waiven, extensions or indulgences granted by the holder(s) of Prior Mortgage(s) unleu with the pnor consent of the Mortgagee. 4. \ot to apply to, rcquest ot, recei~r or accept from any holder of any Prior Mortgage any money. funds or things of value which would, might or could be considercd as an ad~anec secured by the lien of such Pnor Mortgage. 5. \ot to commit waste or permit or suffer the ~mpairment or deteriontion of the Property; not to erect or permit to be erccted any nrw bwldiogs on the Property or any structural alterations to existing buildings without the Mortgagoe's prior written consent; to comply with all subdivision restrictions and zoning and other rcgulatory laws and ordinances affecting the Property. Itthe Property is a coadominium unit. the Mortgagor shall, pramptly and compktely perform all of his obligations under the dcclantioe of condominium and the condominium associauon s articles of incorporta[ion, by-laws and ruks and rcgnlations and other constitueat condominium documeau including but not l~mitcd co the payment of all rcgular and special assessments, thc liens for which against che Propetty mi~ht or could have priority over the lien of chis mortgage. If the ProQerty ~s part of a planned unit development. the Mortgagor shall promplty comply with all provisions of the declantion of covenants and restricuons atabl~shing the same and shaU promptly fulfill all his obligatioas under the eonstitueat documents o[the planned unit development including the homeowners association's or ~ts equivalent's articles and by-lavv~ and shall prompdy pay all assessments or charges of every nature (no matter how daignated) the lien for which against the PtopeRy might or could luve priority over the lien of this mortgagc. 6. To k~ep all tho Property insurcd as may be rcquircd from time to time by the Mortgagee against loss by fire. windstorm, hazards. ca;ualtecs and contingencia for such periods and for not leu than such amounts as may be rcasoaably tequired b~r the Mortgagee and to pay promptl}~ when due all prcmiums for such insurancc. The Mortgagoragrus to deGver rcn~wal or reQlaament poliaa orartiticata therefor to the Mongagee at tcast fiftecn ( I S) days prior to the expiration or anniversary date of the existing poGcies. The amounts of iasunnce rcquired by the Mongagee shall be minimum amounu for ahich said insurance shall be written and it shaq be incumbent upon the Mortgagor to maintain such additional insurance as may be nectssary to mcet and comply fully with all co-insurana rcquirementt contained in uid pol~cies to the end thaCche Mortgagor is not a co-insurer thercunder. lnsurance may be written by a company or compania approvod by the Mortgagee (which approval shall not be unrcasonably withheld) and all policies and rcnewals shall be held by th~ Mortgaga unlest ia the possasion of a holder of a Prior Mortgage. All detailed dasignations by the Mortgagor which are accepted b~+the Mottgagoe aad ill ag~ meats between the Mortgagor and M ortgagee : rlating to insuranc~,~ow exisang or hereaftor made. shatl be in wriung and shall be ap~R of thit mortgage agreement as fully as though ut forth verbatim her'tin an shall govern both parties hercto. No lien upon any poGcy of inauanoe or upon any rcfund or return prerr.ium which may be payable on the cancclfation or termination thercof shall be given to other than the Mortgaga eaapt a holder ota Prior ~lortgage or by properendorsement affixed to such poGcy and approved by the Mortg,agee. Each poGcy of insurana ahall have affixed thereto a Standard !~ew York Mortgagee Clause Without Contribution malcing aU lost or loues undet such poGcypa yabk.to the Mortg~gee as iu ~nterest may appear_ In the event any sum or sums of money become payabk ihereunder t6e Mort~agee shall have the option to reoeive and apply the same on account of the indebtedness securcd hercby or to perm~t the Mortaagor to reoav~e and use it or any part thenof without waiving or impairing any equity, lien, or right under and by virtue of this mortgage. In the event ot loss or phytial damage to the Propcrty ihe ~t ongagor shall grve immed~ate notice thcreof by ma~l to the Mortgagoe and the Mortgaga may make proof of loss if the same is not promptly made b}~ the !~lortgagor. In the event of toreclosure of this mortgage or other tnnsfer of titk to the Property all right, titk and intercst of the ~1ortgagor in and to the insurance policies shall pass to the purchaser or grantee. 7. !f the Mongagor fails to perform his covenants and agrttments contained in this mortgage, or if the Mortgagor fails to perform any duty ~,r obligation ansing under a Prior Mortgage (including the payment o( principaf 3nd/or interat, deposits on atcouat of uxes and insurance ~rem~ums and late charg~s even though the holder of the Prior Mortgage has made no demand thercunder and has not threatened any action in connecuon with the same), or if any action or proceeding is commenced which materiaUy affects the Mortgagoe's interests in the Property. ~nclud~ng but not limitcd to eminent domain or code enforoement o~ arrangements involving a bankrupt or daxdent. or if therc is an apparcnt abandonment of the Property, then the Mortgagec at its option may pay to the holder of a Prior Mortgage atl or paru of the sums necessary to hnng the Pnnr :~tongage current, may make appearances, may enter upon and securc the Property, may duburse such other sums (including hut not limned to the paymcnt of insurance prem~ums and taxcs), and may take such otheraction as the Mortgagee reasonably decros necessary ,~r ad~ isable to protcct his interats in the Proptrty, all without regard to the value of the Property. Any amounts disburxd by the Mortgagee pursuant to the pra~~sions of this paragraph, together with interest thercon at the rate of e~ghteen (1$Rb) per cent per annum shall become additional indebtedness of the Mortgagor securcd by this mortgagc. Unless thc Mortgagor and Mortgagee agree in writingto some other terms ~~f pay~ment, such amounts shall be payabk immediately. Nothing in this paragraph shall rcquire the Mortgagee to incur any expense, malce an}• d~sbursement or take any action whatever. 8. All proceeds of any award or claim for damages direct or consequential in conneetioa with any condemnation or any other tak~ng by eminent domain of the Property or any part thereof, or for conveyance in luu of condema~tion or eminent domain are hercby acsigned and shall bc paid to the Mortgagee. Unless the Mortgagor and Mortgagce otherwise agrce in writing (a) all procecds rcceived by the Mortgagee shall be appl~ed to the sums secured by this mortgagc v-nthout imposit~on of any prcpayment charge. aad (b) the appGcation of proaeds shall not eztend or postpone the due date of installments of principal and interest or change the amounu thereof. 9. Any forbearance by the Mortgagee in exercising any right or rcmody hercundet or otlxrwise afforded by app6cabk law shall not be a waiver of or preclude the exercise of such right or remedy. The proeurement of iasurana or the paymeat of taxa or other liens or charges or the payment ot sums under a Prior Mortgage by the Mortgagee shall not be a waivet of the Mortgagee's right to accekrate the matunty of the ~ndebtedness sefured by this mortgage. All remedia prov~ded in this mortgage arc distinct and cumulative to any other right or rcmedy under thtis mortgage or afforded by law or equity and may be exercised concurrently. independently or suaeuively. 10. To pay all costs charges and expenus including attorney's fees (whether or not Gti~aaon occurs and it it doa then those on appellate as well as trial ievel- ann abstract costs reasonably incurred or paid at any time by the Mortpjet bceause of tbe failure on the part of the M ortgagor to pcrform, comply with and abide by all of his covenants set forth in this mortpae snd J or the Noteand / or Prior Mortgage(s) and thc promissory nc•co(;) secured thercby. 11. The Mortgagee ~s a licenud mortgage broicer under Chapter 491. Florida Statuta. ti~t~K3~$ PAGE~;UJ~ by Stankp•H: Spiekr. Attorney, 4700 Biscayne Boukvard, Miami, Florida 3313? ! __ -:~ _~ _~ .~ , '