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HomeMy WebLinkAbout0788 r No.----__~ = 10~~~.~-- V~:RO BEACH~ F'LURIDA, ----------~~t! ~ 19~~--- Far ~uluc received, undersigned jointly and se~•erally promise to pay in law•ful money of the llnited States of America to '1`Ii~: I:~TI)IA1I RIV~:R (.~I'1`KUS ~3A!r?T~i ur order, at its oftice in Vero Beach, Florida, snztor rotsa~ tn~ ~aaso zws~r~-rar~e ~ ~o/ioo the sum of - - - - DOI.LARS in iristaliments as follows: Monthiy payment (a; =_.~Di•~-- and - payments ~ commencinfi _ - - 1k~Y ut 1965 - _ - - with interest aher maturit~ at the r~to ot. ten per eent per annum until paid. In ea~a the asid installroenN. or ~n~ ot tbem, are aot yaid w6en do~. the w~hol~ of asid suv~ then remainin¢ unpaid ~h~ll fmthwith 6ecome due ~nd pa7able at tM oDtion oi tl~e lw~d~r oI t6ti aote. And k L a[t'wd ~s al! parties liasle heretor or hereon that should tbi~ note be collected b~ le~~l D~u or b) attorne~, w wr a~1 ewL o[ the same and ~ ae~wn~bi~ attor- ney•+ tee. The bank at which this nou i~ D~7~b~' ie hereb~ authortr,ed ro ~pp17 on or afkr maturit~, to the :a7ment of thb dr6t an7 t~nds ia said bank belon~in6 w the malcer, wretT. endoner, Qusnntor or snr one ot them. And r~ch of u~. whetAer maker, wret~. Qu~ra~Wr pr s~r. hrrr6y eeverally wsivee •II ri~hta ot homeetead e:emD~~on, and o( D~~Atment and demand tor pa7~ent, protest. notiee o[ pretwt ~nd nat ee ~t dishonor, and consenu thet thie noU, or sns Dan hereot. ma~ be e:unded witho _ ~ ' ~ ~~;.A I.)~ . ~11C~ ~ f!D~ sl4 Addr~~sti: - - - - - - _ _ ~-iw ~ - J Tt. Ttsres, Tli. - - _ •:_--.--_(S~:A~) . L'H ATTFI. '.1i0I:Tt~AGF , .p,;~ ' r. K~iOW' ALI. 3fEN Bl' TH£SE: PRF3ENT5. Tha;~.~- L~i=~ ~~~r ~r~ =m;C~ - ~ . o( the City ot Ft. ~1erCe and Comtr o[ St. LuCi@ end Ststi of Fiorida, t,errinotter co~lyd Borrower, fo~ securinq ihe payment of money hereinafter mentioned and in further coniiderotion of the wm of 7en Dollees ~110.00) ond other valuable consideratio~s duly paid by THE INDIAN RIVER CI7RUS BANK, a Florido Bankin~ Co~porotion, Domic~led in Vero Beoch, ~ River County, Florida, hereinofter colled Bonk, at or before the ensealin9 and delivery of these Dresents, ih.. -~ce~Dt W~reof is hereby has gronted, boryo~nM, so~d, and by these presents does qrant, barqain, sell and coeivey unto the said Bonk, its wccessors ond ossipns, follo ~ - d~scribed property, of which he is ihe lawful owner ond in unqualified posxssion in thee above cour,ry ond state: i 1' rn ~ m New 1966 GMC Truck, Model V4005, Serial #V4005F31693~ - With Spreader Body r.:;; v Used 1965 Ford Truck, Model F70OM, Serial #'F70MU666397 - With 5preader Body -nc ~ 4,~,, .r.. r;, ~ Used 1965 Ford Truck, Model F700M, Serial #F70MU662191 - With SpreadfBody d f _ 7;.}-. r';;, p Used 1963 ~'ord Tru~ck, Model F7001 - Serial #F701U440819 - With Spreader Body ~ ~ Used 1963 Ford Truck, Model F61017 - Serial #F'61DN341462 - With Fla~ Steel Bod~~ ~ rn o t: ; 1- 5~100 JW Spred-Master W~Swivel HiCCh, Serial #231 p / H ~v c~. ~ 3~.._...~~ 3..~__ . ~ o effix~.~i <<, ~ . : . ~ . : . . xs~-= ~ ~ _ n~ a m - w o C7 TOGE7H~R with atl verts, equ~pment and ar.cessories now or hereettsr attschad to or connecfed with said prop~rty. ~ TO HAVE I~ND TO HOID ail and singulu the said personal property aE~v~ bar~ained end soi6, or intended w to bc, unto th~ said 9~nk, its ~ucceswrs ~nd assi~ns forever. Arrd the said Borrower covenants with said Bank, its succeasors md assi~ru, that said persansl Droptrty ii free from ~II erxumbra:xe~, liero and ad- verse claims, that h¢ is the owner and has Qood nght to sell the same as aforesaid, and thaT he shall and will wsrrant snd defend the sartx unto said Bsnk, its successors and assigns, against the ~awful clalms of each and every srerson, or pvwns whomsoever, that he will, durinQ the continuance hereof, keep ihc, mortgaged D~ooerty in good condition and repa~r; tha~ he wi~l place, pay tor and continuously keep tha said perional property aforasaid insured agairnt ioss by tire, theft and coltision, in the vsual standard policy forms, in a sum of not leas th~n The amount of indebtedness herein secureG in s~th company, or com- panies, as may be apDroved by said Bank, and such poi~:y. oi policies shall contain the usual standsrd mort~age cl~use makir.Q lass under s~id policy, or policies, Oayable to said 9ank as its interesis may appear, and shall promptly deliver said policy, a policies, torether with recripted bitl for prem~um to ssid Bank. PROVIDED ALWAYS, and shese Dresenis are upon the express condition that if the sa~d Borrower shsll wel~ and truly pay unto said Bs~k, its successorx Sixteen Thousand Ei~ht Hundred Twenty-four and No/100 ar.d assiQns, the aQgrega4e sum of poltarc, rev~esenteA by cne ;1) Dromissory note of even date herewith, executed by Borrower, payable in monthly irntallmen!s over a period ot 24 montha frorn d~te, made payable to said Bank by the Borrower, said note bein~ the usual insfa!Iment form rate in ust by the Bank, as well as all extansions and renewals of said note or notei, in whote or In part, and any rwte or notes taken in sdditlon or amendment thercto, or in lieu rhereof, whether upon like terms and tenor or otherwise, and alsu sll experues that may or shsll accr~e in the event of the foreclosure of ihis mortQage, reasonabie attorr.eys' fees and costs of court irxluded, then these presents shall be void: otherwise to remain in fuil force snd virtue. And the said Borrower does covenant and agree to and with tne said Bank, its successora and assigns, thrt in csse detault shall be made in ihe pay- menf of sa~d sum abova rr,entioned or any instalment thereof, or in Phe payment of the whole nr any Da~1 of the interest ihereon at the times rnd in rhe manner vrovided in said Oromiswry note: or in cese ihe said Borrower shall remove the said goods, chattels and personal p~operfy w any of Them ~,vithout wr:tten permission of sa~~ Bank: or perm~t or suffer any atrxhment or o!her process to be levied uAOn :~id property or any part ihereof; or permit or suffQr any judgment to be entered uv againsT him, then ihe said aggregate sum of money here+n mentioned sha!I become insNntly due and Oayable at the option of said Bank, and then it shall and may be lawful for ihis mortgage to be immediately forecloxd for the whole of ss~d money, interest, costs, fees, charges and expenses aforesaid: or if may at its option. and it is hereby empowered so to Co enter uocn thc premius where ihe said martgage vehide or properfy may be and take possess~on ihereof; and remove and sell and dispose of the same at p~blic or Drivatc sele without any previous demsnd of performance or mtice to rhe borrower of any such sale whatsoever, notice of sa!E and demand of perforn~ance snd every other rwfice or demand wfiatscever beina, hereby expressly wa~ved by said borrower and frem the v~xecds of sale retain all costs and chzrges incurred by it in the seid taking or ssie, including reasonnble attorney's faes incurred: also ail surr,s due from t+orrower to Bark ~nct interest thereon, anei any surD~us of sucfi prxeeds remsining shall be pa~d to ihe borrower, ar whoever mev be lawfully entitled to receive the same; :f there be a deficit, rte borrower agrees immediately ~o pay the same To 6ank. That ~n fhe event at the beg~nning of or at any tlme pending any suit uoon this mortgage, or to fo~eclose it, w to reform it, and/or to enforce pay- ment of anv ciaims hereunder, sa~d Bank may apply to the Court havir.g jurisdiction thereof for itx appointment of e Receiver, such Court shall forthwith appoint a Recerver of said mortqaged prope~ty all and sinRular, without notice, for the DurDOSe uf preserving said property during the pendency of :sid fore- cicsure proceedmgs, and avch appoinfinent shall be made by such Court as an zdmitted equity and a matTer of absolute rigFt to said Borrower and without reference to ihe sald adequaty or inadequ~cy of ihe value of the property mortgaged or the sotventy or insolvency of said Borrower and/or the defendants, it belnR exoressty understood and aqreed that sa~d oroperty deteriorates tfirough usaRe and that the purpose of the zppoiniment at such kace~ver is to hold sa~d properfy intact and save same from dete~io~ation du~inq the pro;ress of forclosure. The Borrower agrees not to sell. loan. d=liver, D~edge, morigage or otherwise dis~ose of th2 above personal property, and aarees to keep said property (ree f~om a~l taxes, liens, erxumbrances. and aRrees not to use the same illegally, improperly or for hire: or remai? same from the County aforeseid. or pu~chase undpr contrxt retaininq titie from any third party eQuipment or er.essories to be attached or to be used with taid property withoul ihe written consent of the Bank. A violation of this clause, or any of the fo~egoing provis:ons herein sha11, at the option of the Bank cause thc indehtedness,here:n secured to bccome irrmedia'ety due and payable. It ~a underslood rnd aKreed fhat all remedies allowed the mortgaR~ un~er the Iaw and under the terms of this mo~igage are and shall be concurrtnt znd cumulative and may be exercisEd ~nd enforced as here~nabove and by law prorided. The covenants of this mo~tqaqe shafl bind the bcrrower, his heirs, exeCUtOrs and assiRns: if mor~ than enp join i~ the exetuhon of th~; in~tru-~+~nt a: Borrower, or e~ther tc be of the feminine sex, or a corporation, the prcnouns and re!ative wo~ds herein used shall be read as ~f „~ritten in plurai fem n:n o~ neufer, respectively IN VS'ITNF.SS VVHEREOF, the $orrower has hercimtn set his hand and seal, this. _ 23 __._day of__~ovember _ 196 5, at the City of Vero Beach, County~ of Irnlian Ri~•er, State of F1o ' a. pjD RI SPR~ADER SERVICE Siqned, scaled and delivered t~s..~ ____(SF.AI,) in the presence of: j„, ~ r Sp~ ey . ; , . . . . . ~<:.L~~L.C•C~c.~'-' ; ` ~ / =j=-~%~'..t~~ ~ _ _ _ _ ( F: A ) - S L / S --J~ Chambley .~'~~f ~~~-~2'> z-~---- STATE OF F'LORIDA, , , COUNTY OF INDTAN RIVER ` ' ~ ~ Pcrsonally appeared before me, .L. Chamble~ an~i_Jim Chambl~____,___ t~~ me w~ell known as the indi~•idual $ describe~ in and whe ~xeCUted thQ fore~oing instrument, and acknowledged that ~hey_. ezecut.ed the same for the purpose therein expressed; wher~uport it is prayed that the same may be recorded. IN R~'ITNECS WHF.RFOF, I ha~•e hereunta af[i~e',d ti~'y h~nd apd seal this~_ ~3_ ____day of___ November A. D. i 9 ' 65 ' " 4 ~ ~ ~1 ~ - ~l • . zz~s' - ~ ~o~~ 18r ~ ~ ~ ~ _-C~[~ - ~ 4~'r~~° ~rct~~`ws;cn Fxpire~ r`~~g~~:4, i9Ey8 F011M at - SM•9-6~-A - ~~V cnmmissi e p~rea_