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HomeMy WebLinkAbout0994 ~ , t ~ ~ 5-59,376-4 ~ ~ _ ,~s,~ ~ ~,3 ~ ~ ~i'~rf ~ ~ . t y10RTGAGF. made the day below set forth between Ihc I~fortgagor t~elow named and thc Mortgage~~ METROPULITAN MORTGAGE CO.. a Florida corporati~n. . W NEREAS. the ~lortgagor is indcbted to the Mortgagcc as evidonced by a certain mongage note (Note) oteven dACe from the Mo~~tp~or to Mortgag~e as describcd bclow. . To securc to the Mortgagee the perlormance by tr~e Mortgagor of a!! his agrcements as set forth in this Alongage and the Note~ the repayment of the indebtrdncss tviJenr~d by the P~ote. interest thercon, sums advanced bv the Mortgagee in accorda~co with tt~e pro~~isions of this tilortgage to protect the licn and security thcreof. and interest thcreon, thc htortgagor does hereby~mortgagc, g~ant and convey to the Mortgagee the real property dcscribed betow. togcther with (a) all easeme~ts, righis, tentments, hereditam~nts. rents, is~ues and profits appurentant thercto; (b) all buiidings, stru~tures a~d improvements now or herca(~er located thereon; (c) all components thereof including pipcs, plumbing fixture~ and equipment,_elcct~ica) conduit and wiring and fixtures, heating and cooling and air conditioning equipmeat and fixtures, sprinkting and irrigation equiprnent and fixtures, mechanical equipment, pumps. fences and a~vnings; (d) range, oven. refrigerator, dishwasher. washing mathine, drycr. appiiances, floor coveriogs and carpeting s~tuate thereon or therein; and (e) all replacements and additions to the pro~erty dcscribtd in (b). (c) and (d) aEove: provided, howevcr ~hat no security interest is imposed upan aRer acquired ~ consumer goods as defined by tht Florida Un~rorm Commerciat Cade. To have and to t~old the same unto the Mortgagoe, its successors and assigns in fee simple. All of the ioregoing are herein collectively referred to as the "Property". , _ Ths Mortgagor convenants that hc is lawfully seized of the estate heroby convcyed and he has the right to mortgage, grant and convey the Propeny~ that the Property is unencumtscred exccpt as may be below noted, and that thc Mostgagor w~ll warrant and defend Nie tide to the t Property against all ctaims and demands. . And thc Mortgagor covenants and agrets as to!'ows: ' ~ . ' t. To Promptly pay when due the principa! of and intcrest on the indebt~dness evide~ced by the Note and prepaymer.t and latecha~Eesaa provided thertin. ~ . 2. To pay aU taxes. assessmcncs, charges. fincs and other impositions of gove~nmental authority against the Propcrty within sixty (60) days ~ o[ whcn due or sixty (60) days prior :o the same becoming delinquent, whichevcr may first occur. ~ 3. If it is noted bctow that this is a second o~ other subordinate ranked mortgagc, then to promptly pay when due principal and interesc owing under mortgage(s) of higher priority ("Prior Mortgage(s)"), to promptly pay to the holder(s) of Pnar Mortgage(s) sums due on sccount of taxcs and insurance premwms as may be provided for under tho provisions of the P~iar 14~ongage(s). and to otherwise futty, promptly and . complctefy keep and perform aii of the pcomis~s and convenants of the mortgagor under Prior Mortgage(s) and the promissory note(s) secured ' thereby; a!I of the foregoing without regard to any waivers, extensions or indulgences granted by the holder(s) of Prior Mortgage(s) unless with the pnor consent of che Mortgagee. . ~ 4. Not to apply ta, rcquest of. rcceive or accept from any holder of any Prior Mortgage any money~ (unds or things of ~alue which would, might or could be considered as an advance secured by th~ I~en of such Prior biortgage. . _ . , S. Not to commit was.e or permit or sufferthe impairment or deterioration of the Property; noCto erect or pormit to be erecte3 any new ~ buildings on thz Propcrty or~any structural alterations to exif!ing buitdings without thc Mortgagee's prior written consenr to comply w~th all ( subdivision restrictions and zoning and other regulatory laws and ordinances affecting the Property. If the Prop~rt~ is a condominium unit, the ? Mortgagor shall~ p~omptly and completely perform all of his obligations under the dcclaration of condomin?um and the condominium association's articles of incorportation. by-laws and rules and regulations and other constituent condominium documents including but not limited to the payment o(all regular and saccial assessments, the liens for which against the Property might or could have priority over thelien of ; this mongage. If the Property is part of a planned unit developmcnt, the Mortgagorshall prompdy comply with all provisions of the declaration ? of covenants and restrictions establishing the same and shali promptly fulfi~l al1 his obligations under the constituent documents of the planned~ i . unit developmcnt including the homeowners association's or ~ts e4wvalent's articles and by-laqrs and shaU promrtly pay all assessments or # charges of evcry nature (no matter how designated) the lien for whtch against thc Property m~ght or could have prior~ty over the lien of this mortgagc. • . 6. To kcep all the Property insured as may be rcquired trom time to time by thc Mortgagee against loss by fire. windstorm, hazards. casualtics and contingencics for such periods and for not less than such amounts as may ue rcasonabty required by the Mortgagee and to pay promptly whcn du~ att premiums far such insurance. The Mortgagoragrrrs to deliver renewal or replacement policiss or certif:cates therefor to thr MortgaRee at lc~st fitteen (1 days prior to thc expiration or annivorsary date of the existing policits. Tha amoi+nts of insurance r~quired by the Mongagc~ shall be minimum amounts for which s~id insurance shall be written and it shall be incumbent ~p~n the Mortgagor to maintain such additional i~surance as may be necessary to meet and comply fully with all co-insuranca roquircments contain~d in said policies to the end ~ that ihe Mortgagor is not a cainsurer thereunder, l~surance may be written by a company or companies approved by ihe Mortgagse (which ; app: oval shall not be unreasonably withncld) and all policies and renewals shall be held by thc Mortgagee unless in the posscssion of a holder of a Prior Mortgagc. All detailed des~gnations by the Moitgagor ~hich arc aecepted b~r tt~e Mortgagce and all agrremtnts between the M~;t~agor and Mortgagee relating to insurance, now existing c~n c~reafter mado, shail b~ in wriUng and shall be a part of this mortgage agreemont as f~ally ss ~ though se~ forth vcrbatim hcrein and shall govern both panies hereto. No lien upon any policy of insurance or upon any re[und a~ ~i:urn premium which may be payable on the cancellation or tec-:3nation the:reof shall be g~ven to ather than thr Mortgagee eacept a holderof a Prior Mortgage or by properendor~cment afCxed to such policyand a~proved by the Mortgagee. Each pclicy of insurance sha!! have afGxed thertto a Standard Nr.w York Mortgagre Clause Without Contnbution making aU loss or losus under such pol;cy payabte to the Mortga~ee as its interest may appear. In thc evcnt any sum or sums of money b~come payable thoreunder the Mort$agee shail have the optian to rea~ve and appty the same on account of the indebtedness secured hereby or to permit ihe Morigagor to receive-and use it or any part the~eof without ~vairing or. impairing any equity, lien, or right under and by virtue of this mortgage. In the event ~f loss o: physical damage to the Property the Mortgagor shall give immed~ate notice thereof by mail to the Mortgag~t and the Mortgagee m~y make proof of loss if the same is not promptly made by the Mortgagor. In the evrnt of foreclosure of this snortgage or other transfer of trtk to ths Propcrty a1) right, title and iaterest of the - Mortgagor in and to thz ins?~raacc policics shall pass to thc purchascr or grantcc. ~ - 7. If the Mortg~gor fails to periorrr? his covenants aad agrcements contaie?e~ in this mortgage, or if the MoMgagor fails to perform any duty or obligation arising under a Pnor Mongagc (inctuding th~ payment of principal and Jor intcrest. deposits on aceount of tax~s and insurance premiums anJ late charges e~~en chough thc holdcr of tt~e Prior Mortgage has made no demand thereunderand has not threatened any action in connection wilh the same), or if any action or procceding is commenced whieh materially affects the Mortgagee's interests in the Propeny, including but not lirnited to cminent domain or code enforcement or arrangemcnts involving a bankrupt or decedent, or if there is an ap~areni abandonment of the Property, tl:en the Mortgagcc at its option may pay to the helder of a Prior Mortgage all ar parts of the sums necessary to bring the Prior hi~rtgage currtnt, may make appearances, rrsa} snEer esgon ar~tl stcure the Property, may disburse such oiher sums (iricluding but not limited ta the payment of insurance prem~ums and taxes), and nay Eaxe such otheraeiion as fhe Mortgagce rcasonably dcems nccessary or advisable to protect his interests in the Property, all without rcgard to the vatuc of the Properiy. A~y amounts disbursc~ by the ?.lortgaget pursuant to the provisions of this paragraph, eogether with interest therton at the rate of eighteen (t8~'c) p~~-~~nt per annum shall become additional indebtcdness of the Mortgagor secured by this mortgage. Unless the Mortgagor and Mortgagee agrce in writing to some other terms of payment, such amounts shall be payablz immediately. Nothing ~n this paragraph s6ail require the Mongagee to incuranyexp:nse, make any disbursement or take any action whatever. 8. All procee~ls of any aw~ard or claim for damagcs direct or consequential in connection with any cond~mnation or any other taking by ~emintnt dom3in of thc Property or any part thcrcof, or for conveyance in lieu of condemnation or eminent domai~ arc t~ereby assigned and shall br paid to the Mortgagee. linlcss the Mortgagor and Mortgagee otherw:se agree in writing (a) ali proccEds rcccived by the Mortgagee shaU be . appt~ed to the sums secured by this mortgage without impositian of any propaymcnt charge, and (b) the application of procrrds shall not extend or postpanc the due dat~ of installmonts of principal and intercst or changG the amounts thereof. ' 4. Any forbearance by the Mertgagee in exercising any right or rem~dy hereundcr or otherwise aiforded by applicable law shall not be a ~ waiver of or preclude the excrciu ot such right or remcdy. The procurement of insurance or the payment of taxes or other liens or e~argts or the payment of sums undcr a Prior Mortgage by thc Mortgagee shaU riot be a wa:ver of the Mortgagee's right to aceelerate the matunty of tht ~ ~ndebtedncss stcured by this mongage. All remedies provided in this mortgago are distinct and cumulative to any other right or remedy under this mortgage ar afforded by law or equity and may be exercised concurrentty. indepondently or successivdy. 10. T~ pay all costs charges and expenxs including attomey's tas (whether or not litigation occurs and if it does thtn those on appellate ss rvcl! as trial lov~l) and abstract costs reasonabJy incutrsd or paid at any time by the Mortgagee because of the failur~ ~n the part of the Mortgagor to ptrform, comply wieh and abide by all of his covenants set forth in this mortgage and/or thc Note and/or Prior Mortgagc(s) and the promissory notc(s) secured thcreby. ~ ; ; - t: ' - - I I. The Mangagee is a licensed mortgage broker under Chapter 494; Ftarida Statutes. etr181 oFreparcd by Stanley H. Spi~ltr, Attorney, 4700 Biscayrtt Buulevard, Miami, Florida 33137 ' `r~ _ ~ . ~ B~S~~82 ~~~E 9~4 - ~ ~ . ' `E