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Home My WebLink About1828 TO HAV~ AND 1'O HOLD ttl8 f18RI6~ to~ether with alt and singular the tenemente, hereditamenta and appur- tensnceg thereunto beloc~ing or iu anywise a~pertaining, and the reversion and re~vorsiona, remainder ar r~ mainders, and ~lsa all the estate, right, title, uite.rest, homeetead, dower aud ht oi dower, separate eatate, poasesaion, claim and demand whatsoever, as well in lsw as in equity, of the said~4ortgag~ur in and to the same i?nd every part ther~f, with the appurtenances of the said :~'iortgetgor in and to the same, aud every part an~ parcel thereof unto the said 11~ortgagee in fee simple. The Mortgagor hereby covenants with the Mortgaget+, that he, ia indefeasibly saized of said land in fee aimple or such other estate, d an3 as is stated harein; that he hsa full power and lawful right to convev the same sa aforesaid; that the land ia free ~mm all encumbrances ext~pt as here~n otherwise recited; that said~l~iortgagor will make such further asaurances to provo the aforeaaid title~ to said Iand in said Mortgagee es may be re,FU;on- ably required, and that said Mortgagur doea hereby fully warrnnt the title to aaid land, and every part thereof, and will defeud the same against the lawful clnima of all perrs~~ona whomsoever. PROVIDI~.n :1~.w.~YS that if the '.4lortgagor ahall pa~ unto the Mortgagee that certain promissory nate, of whicL the follow~i~ is e aubstantial copr, to wit: $5,360,00 Fort Pierce , Florida. October 29th, ,1g 6~ Fox VALUE RECEIYED~ the under3igned promise(s) to pay to V8Tlguard Martgage Compally, 7100 B i s c a yne B oul e va rd , M i a m i, Fl o r i d a ~ a corporation organiaed and existing under the lawa of Flor ida , or order, the principal sum of Fif teen Thousand Three Hundred S ix ty and No/100 - - - - - - - - - - - - - - - - - Dollars (i 15 , 36 U . 00 with interes~ from date at the rate of FLVe & One-Quart~r per centum ( S~aJ'o) per annum on the unpaid balance until paid. The said principal and interest ahall be payable at the office of V~11lgu~Td Martgage Company, 7100 Biscayae Boulevard, Miami, Florida ~ M L$m L, FL or L d a , or at such other place aa the holder may designate in writing delivered or mailed to the debtor, in monthly installrnents of Eighty Four and 89/L00 ---~ollars $1~ 9 commencing on the first day of Dec ember , Y965 , and contuiuing on the first day of each month thereafter until this note is fully peid, eacept that, if not eooner paid, the final payment of princtpal and interest shall be due and payable on the first day of pptpbez , 1995 . Privilego is reserved to prepa_q at an~ time, without premium or fee the entire indebtedness or any part thereof not less t,han the amount of one uistall~ent, nr one hundred dol~ara (~100.00), whichever is lesa. If anv deficienry in the pavment o~ any it~stallment under thia note is not made good prior to the due date of the neXt such installment, t$e entire principal sum and accrued interest shall at once become due and ~ap- abie without notice at the option of the holder of thia note. Failure to eaercise tbia aption ahall not oonatatute a waiver of the right to eaerc~se the eame in the event of an~ subsequent default. In the event of default in the payment of this note, and if Lhe same is collected by an attomey at law, the undersigned hereby agree(s) to pey all costs of call~ction, including a reasonable attorney's fee;. This note is secured b~ mortgage of even date eacecuted by the undersigned on certain prapert9 described therein and represents money actually used for the scquisition of eaid property or the improvemente thareon. Presentment, pmteat, and notice are hereby waivad. ~,L~~ar~~_~~ Fortner [s~.] (Stete Documentary Stamps Harry C. ~r tnzr aff ixed to original note _~~L~ and canc~lled.) sL__Mar aret Fortner ~~L~ Margaret Fortner [~L] And ~h~ll duly, promptly, and fully perform, discharge, e.r•ecute, ~fiect, complete, and comply with and abide by each and every the stipulations, agreements, conditions, and covenants of said promissory note and of thia mortga{~e, then this mortgage and the e.5tat~e hereby created shall cease and be null and void. The ?~iortgagor further covenants as followa: 1. Tliat he will pay the indebtedne3s, as hereinbefore prnvided. Privilcge is reserved to prepay at any time, vPithout premium or fee, the entire indebtednees or any part thereof n~t 1~ tha.n the amount of one installment, or one hundred dollars (;1d0.00), whichever ia less. 2. In order more fully to protect the security of this mortgage, the Mortgagor, together with, and in addition to, the monthly payments under the terma of the note s~ecured hereby, on the first day of eaCh month until the said note is fully paid, will pay to the Mortgagee the following sums: (a) A sum equal to the ground rents, if any, next due, plua the premiums that will next become due and payable on policies of fire and other hazard ineura~uce cavering the mortgaged property, plus taxes and asaessmenta next due on the mortgaged property {alt as estimated by the Mortgagee and of which the Mortga,gor is notified) less all sums already paid therefor divided by the number of months tn elapse before one month prior to the date when such ground rents, premiuma, taxes, and aesessments will become delinquent, : such suma to be held by ;~fartgageeintrusttopaysaidgroundrentK,premiums,taxes,a.ndepecial~essmenta. (b) The a{~gregate of the amounts payuble pursuant !,o subparagraph (a) and those payable on the note secured hereby, ahal! be paid in a single payment each month, to be applied to the following itema in the order stated : (I) ground rents, taxes, ~essments, fire, and other haaard insurance premiums; (II) interest on the note secured hereby; and (III) s.ffiortization of the principal of eaid note. An~ cieficiency in the amount of such aggregate monthly pa~ ment shall, unless made good by the 1~1ort- ~a~;or prior to the due date of the nest such pavment, constitute an event of default under this mortgage. At ~tort~a€;ee's option, :~1ort~agor wil! pay a"late charge" not exceeding four per centum (4°Jo) of any install- ment when paid more than fiftec~n (15) dati•s after ttie due date thereof to cover the extra expease in~olred in hanclling delinquent ~avments, but such "Iate charge" shall not h.e payable out of the proceeds of any ~ale made ta satisfy the ~nc~ebtedneag secured hereby, ui~less such proceeds are auffieieut to d~scharge the entire indebtedness and all proper costs and ex~enaes secured thereby . r~. k ~JU . ~c7 SOOK r~