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HomeMy WebLinkAbout2240~ t, ~: . '~~ ~~ Allil W T1Y~ !~s same, to{~ef~er wllti Ik~ I~n~enenft, her~l~~umsnti and appurts- nances l~erelo belonging, an~ ths rents, tssuss and projll~ th~-~o% unlo 1~~ mortgagw, !n ~se aimp~s. n1~Y Ihe morfgugor c~ouenant~ wif{~ ttis n~oMgagee f~af fhe nwrtgapor ia ~nd~j~,i6ly seized of iaid ~a~~ tn ~es simp~e; Iha! t1~e mortgngor hm good Ngl~t nnd law(u~ aufho-Ify to eonvey said ~and at af oro- said: 11~at ~he morteagor will make aucl~ (url6~r asswiancei to per/rct fh~ je~ simple ttl1~ Io said Iand in ths mortgaAee as mQy ~ona6ly 6e .~yut.ed; ll~af t1~e mortAngor h~re6y /ully~ warranb ths titls to satd lund and w~ll de%nd tl~e snme agatnst the law/ul claima oj ull pe-sons whomaoover: and lhut satd land t, /ree a~d clear o/ all encum6mncea MORTGAGEES.may, at any time pending a suit on this mortgage, apply to the Court having jurisdiction thereof for the appointment of a receiver, and such Court shall forthwith appoint a receiver of the premises covered hereby, including all rents, income, profits, issues and revenues from whatever source derived. Such appointment shall be made by such Court as an admitted equity and a matter of absolute right to biortgagees, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of Mortgagors or the defendants. Such rents, profits, income, issues and revenues shall be applied by such receiver according to the lien of this mortgage and the practice of such Court. . j~~ ~ Ii~w~s~ tf~at i~ snid morlgngor thall pay unto said nwrtgogte the cwfatn promb- sory nofe hereina~ler subsfnntially copiec~ or icrentijted, to-wit: MORTGAGE NOTL qqMGO FORM S_l ~ I S 66~ ~ 0~0 . ~0 "`1'M~'Vv f~ C/~j , Fbrida February /b • ~9 81 FOR VALUE RECEI~'ED, the undersigned, {jointly and s~~•~ralty~ ii more than une} promises to pay to • ROBERT C. TIILLS and IVAN J. SMITH ~ or order~ in the maonec hereinafter specified, che principal sum ot S I X HUNDRED S I XTY TNOUSAND - - - - - - - - - - - - - - - - - - - - - - - - - pprioo noLi.~-tts ~s 6 6 0, 0 00 .(~ Q"~th interat (rom date at the rate of j 2 per cent. per annum on the balance trom time to time remaining unpaid. The said principal and interest shall be payable in lawful n-oney of the i; nited Staces ot America at 3 3 S O E. At 1 ant ic B lYd .~ Pompano Bt' ., Fla . 330(~ at such place as ~nay herr~lt~r be d~•sig~atrd b~- written notice (rom the hoWer to the maker hereof, on th~ datt and ~a the manner following: The said principal sum shall be payable in three equal consecutive annual installments of ~220;000.00 each, together with accumulated interest on tYie unpaid balance thereon, the first payment being due and payable on February 15, 1982 and on the 1Sth day of February of each year thereatfter until the total principal sum, together with accumulated interest ~ thereon, is fully paid. _ This Note may be prepaid in part or in full at any time without premium or penalty. This note with interest is secured by a mortgage on real estate, of even date herewith, made br the maker hereoE in fsvo~ of the said payee, and shall be construed and enforced according to the law: of the State of Florida. If dcfault be made in the pa~Tnent of any of the sems or interest mentioned herein or in said mortgage, or in the perEormanee of any oE the a~reements eontained herein or in said mortgage, then the eatue princiQal sum and accrued interest shall at the option of the holder hereof bccome at once due aad colkctible without notice, time being ot the essence; and uid priacipal sum and accrued intere:t shall both bear interest from such time until paid at the highest rate albwable under the laws of the State of Fbrida. Failure to exercise this option shxll not constitute a waiver of the right to exercise the same in the event o[ any subaequeat defaul~ , Each per~on liabk hereon whether maker or endorser, her-by wai~es preseatmeat~ protat, notice aotice of ptotest a~d notict o( dir honor and agrees to pay all costs~ including a reasonabk aetorney's teq whether suit be bmught or not. i~, a[ter maturit oi this note or default hereundu, or under said mortgage, tounsel shall be empbyed to collect this note or to protect the iecurity of ui~ mortaage. Whenever used herein the terms "holder', "maker" and "payee" shaU be rnnstrued in the si ubr or lural a~ t!u contact mar req~~re or admie. ~ THE BARCLAY GR~UP~ gNC. Maker s Address BOnX 348 PAGE ~~8 ~ :l ,;~.~~~_ -~.~-~~ ..~ ~ . .... By: Graham Baker, President (SEAL) , (SEAL) SEALj .. ................ .......... ... •-• •-•......... --•...............__............. ( SEA L )