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HomeMy WebLinkAbout0598 ~ j . l , 1 M1 PROVIDhn, :1l.WAYS, that if the \i~rtgagor shall pa~~ ur,ta thc !~lortgage~ tho indebtcdncss ~vi~enczd hy a ctrtain prom~ssory note ~ ~f which the fallaw~ing i~ wor~s and figures is a true copy to-N'it: . • ~ ~ , ~/G4ti~Q~G ~C t , ~~_,.~25.,Q.Q- - Fort Piercei.._, N'lorida 1~183L~~ ~'1.~.5-_;, , N'OR 1'~11.1?1: ftF:CEl1'El) WE,_joint~_and severallv~ p~o~»i~t c~ Na~• ~ ~t?P ~«iY< <~r _h'ERMAN A . RU~S I~N - - - - thP principal ~um of FIVE THOUSAI~D NINE HLINDKED TWENTY_FIVE and~~ .,Crt'1~~togeth~~ with inlere~~ thereun from date at ihe ratr u[ te~i percent, per ar.ninn untii maturity, bulh p~incipa! and interesl being paya6ie in lawful monry uf ' th~ l!nited ~tatcs at :?'.'.-1•1 t~i~~•ayne l1hd., \liami, Florida, or at such olher Qlace as the holders hereo[ may deFignate in w~iting. Principal and inlerest payable in instal~ments as Iollows: . j ONE HUNDRED TWFNTY-FIVE ($125.00) DOLLARS per month beginning on the 15th day of August, 1975, and continu±ng`on the 15th day of each and every month therea~ter until paid ir~ full. This note ma~~ be prepaid in ~~~hole or in part after one y~ear from Ihe date hercof uponpaymcnt of a penalty equivalent i~> ~•i~ht p~•rcrnl ~~f thc principal cum ~in•paid. , - ~ . F:ach imtallm~•nl Ejaymenl ~hall be credited fi~t on lhr interest due, and the reriiainder on principal; and interest shal~ lhrn • u~?on ~~•as~• upun th~• principal .u ~•rrdited. - 'The make~ and rndor:~n c~f this notr further agr~e to ~vai~e demand, notice of non•payment and protest, and in ihe edent ~ui • ~hall hr brou~ht for !he collection hcrci:f. or the same ha. to be collected upon demand o[ an attorniy, to pay reasonable attorney's frr fu~ rnaking su~~h collcctiun. ' . UPfrrred payment~ herrunder shall bear inte~est at thc rate of ten percent per annum from maturity until paid. 7'his nute ic cecured hy a mortgage uf even date hrrewith and is to he construed and enforced according to the laws o[ the ; ~t t~ of F~lorida; upon default in the pay~ment of principal and/or interest when due, the whole sum of principal and int~re~t - rrmaining unpaid shall, at the optiun of the holde~:s, becomc immediately due ard payable. - . ~ . ~ (SEAL) i ~ ~ - ~ ; ~ 1 ' 0 ' (SEAL) , Prepu~d hy ~prclr~ R Tendrirh. Attorneys - 22-l0 Riscayn~ Blyd., A!i~mi,~orida ^ 1 j ~ anJ shall perfnrm, cumply with and abide by each and every the stipulations. agreements~ cond'etions and cove- • nants of said promissory note and of this deed, then this deed and the estate there~y created shall cease and be ~ null and void. - - ~ i _ _ ' _ _ _ _ _ . " . 1. The Mortgagor hereby covenants and agrees_~ - - _ - (al To pay all and ~+ngular the principal and interest and other sumc ot money payable by virtue o~ said promissory nate and th~s - _ - deed, or e~ther. Dromptly on the Eays iespectively the same se~~erally becomes due. r_ . ~..rr.. ~..A i~ main7ai8 ~he imorovements at all times in a state of good repair and condition, and to „ ri: r..:.. c do or permR to be doneVto said p~emiscs noth~nt tha~ w~ll alter or chanEe the use and chsracter of said ptoperty or in any way impair or t Mcaken thc securi~y of this mort~tae. And in case ~t ihe refusal, ne~lect or inability uf ~he Mortgagor to repai+ ar.d maintain ssid proper- i ~y, thc Mottpget may, at his option, make sdch tepairs oc causc tho same to bs made, and advance moneys in that behalf. : (cl To pay all and ~in~ular the taaes, assessments, lev~es, liabilities, and obli~stions oi e~ery nsturc on said describeQ property each ~ ~ ' and erery when due and payable accordin~ to law, befote they become delinqueot, and to deliver to the Mottga6ee en or befort March iS~h o[ each ytar tax receipts evidencin~ the payment ot all lawfully imposeti tszes for the ptecedin6 calendar yeat; to mdemnify tht r , N«t~a6ee upon his demand for all taxes, assessments anJ charges that may be assessed u~on this mort6a6e on the inde~tedness z curcd hereby, and paid by ihe mottsagee, ~•ithout regard to any law yeroto[ote enacted cx herea(ter to be enacted imposing ~ayment oi - thc w•hole or any ~art thereof upon the A1ort6agea • • ' . (dl To pay all and singular thc costs, char6cs and expen~es~ including lawytrs' fee~ and atsUac[ costs teasw+ably incurred or psid at , • = any timr *+y tn= !1lorlgagee becau.e of the ta~lure on the part of the Mort6a~or to perform, eomply with artd abide by each and every ~he cupula~ions, agreements, condilions and co~•cnants o( said ptamissory note and this dced, or either, and every such~paymont shall bear ~ntcrest from date at tht rate o[ ~cn 110++1 p« <entum per annum. • _ : (rl It is (urtyer coycnanted ar~d aqreed by szid parues that ~n the event of a suit being insUtuted to torcclose th:s mottgage, the ~1oct- ~ g.gre shall be entiUed to apply a? any ~ir~e pending such (oreclosurc suit to the court having jurisdiction therco[ for :ne appointment : ot a rece~ver uf a11 and singular the mortgaged property, and o( all rents, ~r.comes, profits, issues and revenues theteof, from w•hatsoe~~er i - ,ource de~ived; and theieupon is Aereby exptessty co~enanted and ageed that the Court shall torthwith appoint such r~ceiver w~~th - _ the usual powerc and duties of rcceivers in likt uses; and said appoinsment shall be mide by the court as a matter of strict rient to ~he !11Mt~a~ee, and vrithout rcference to the sdequacy or inadequacy uf the value of the ptoperry hercby mort6~ged. or to ~he solvsnc f- ar insolvency of the Morttagors or any other party def~ndant to such suit, 7'he Mortgaaor hereby specifically waives the right to object to the appointmeni of a receivet a~ aforesaid and hereby eapressly consents lhat such appointment shall be made as an admitted equ~ty - and as a ma[ter o[ absotute risht to che ~lwt6a~ee and that thc same may be done wi[haut notice to the Mort~agor. ~ (f) If turtclasure proeeedia~ should be inslituttd a~ainst the propetly covertd by_this mortaa6e upon any other lien or claim nhe~her allegcd to br suxrior or junior to the lien of this mort~a~e, the Ma~~a6ee, may at h~s option imraediately upon institution of such su~t or durin~ thr. ~xndtncy thereof deciare this mottse{e and .hc i~ebtedness secured hereby due and p~yablt forthwith and may at ~ts = ~i option prnceed to toretloae this mat~age. _ . ~ (g) That the Moriia~ot wili keep all rcal and personal property now' oc hereafter encambered by ths iien ot this mcut6a~e insured as may ne reGuirod ~rom time to time by the Mortea6ee apinst loss by fire, winJstorm and other hazards, casual~ies and continEenc~es !ur such per~ods aod ia not le-s t?~sn such aer.oan~s as may be required by the Mottis`ee and to pay promptly Mhcn d~e all prem~ums for sucA msunnct. The amounts of ituuraatc required by the Mort~a~ee s6a11 be the minimum amounts for which said insursnce shall be vntten and it shall te incumbent upon the Mortsasor to maintain such additional insursnce ss may be nece~sary to meet and comply (ully w~th ~ a!I co-~nsurance roquicements coMained ~in said policies to the end tAat ~he sa~d Mor~gsga is no+ a GO-ifl~tiiOf l~ictt47t~fi.{:sursr.ce ; - shsil oe written by a canpany or comp~n~es appsored or des~snated by the Mwtia~ee and all policios and rcncrals tt~ereof shall be helJ " . ' by tF.e Mo~t~asee. All deuited desi~nations by the Mort~a6or Nh~ch are accepted by the ~4ort~a~ee and all aa~temants betreen Morlp6or ~ ~~id Mort~s{ee relatmg to inswancc, now eaistin~ or herea(ter made, sh~ll be in Writin~ and shall De a part of this mort~tje ~drtement - } as fully as thouih set forth verbatin heroin snd shall ~ove~n botf parsies hereto and their successors and asei;ns. No lien upon any of 4 said polities of insurance or upon any refund or return prsmium vhich may be payabl~"on lhe tantellalion o~ lermillalioel~theteof, shall J be siven lo other ~han ~he h4ort~agee, excopt by propet endorsement afti~ed to such policy and ~pptoved by Mott~aFee. Each policY of s insunnce sP.:il have a(f~x.•d theuto a Sundard New York Mort~a~ee Clause without Contribuuon, making all loss or losses under such ~ policy payable ~o ihe MortgaQee as ~ts ~.?ter:st may appear. !n the event sny s~m a sums of ~r,oney become p~ysble thereunder the ~tort- ~ ° Easee shal! have the opticx~ to rece~re and apply tht s~mt on account o( tht indt~tedness here4y_secured~ w to permie the ~tortgagor ~ ~o rece~rt and use ~t, a sny p:it thcreof, withoul lhcreby aaivint a impairina any equity, litoi or ti~fit undet and by vutuc ot th~. ~ s mortp6e. In event of loss or pt~ysical damage to the mort6aged property the Mottpgot shall Eir•e immediate notice thercui by m:a~l t~~ thc !1iy(IRsaer enJ thc .L1~rtgagec may makc pmaf of lnti. if ~hr c~mc ~c n df r ` ~Uy by the ~j'~` In errnt at (ure~lo.ure ot - . BOOK~+~V PAGE ~~70 - _ - f.