HomeMy WebLinkAbout1982 3. To pl~c~ snd continuously keep on the bu~~d~ngs now w hereafter ~~tuate on sa~d land and on alt equipment ~nd person+IlY cov~~ed by thii mat9-
eg~, with ~II premiums thercon paid in full, (ire insurance i~ the usual standard poticy form, ~n a swn •pproved by the MORiGAGEE, and w~ndstam
iniur~nce in tM uiusl ttandard pol~q fam, in a sum approved by the MORTGAGEE, in fuch company or tompa~~es +s ~M MORTGAGEE may
dirattt and ~II fir~ and windttorm in~urante policie~ on any of said buitd~~gs, ~ny interest therein or parl thereof, in 1he aggrepate :um ~faesaid or
In excets ~hereof, sAall contai~ the usval eu~dard mat9agee clause or such cthec-tl~vse ~s tM Matgagee may requ~re, makin9 the lou unde~ sa~d poli~
cies, ~+ch •nd e~ery, payable to iaid MORTGAGEE +s its imeres? may ~ppN?, and each and every such policy shall be promptly s~s:gned ar.d deliv~rcd to
any held by said MORTGAGEE ~s f~rther secvrity to iaid mortyage debr, and, no~ less than ten (10) dsys i~ advance of the expir~tion of e~ch policy, to da
I~ver to said MORTGAGEE a res~ew~l tFxreof, together with a receipt fa the premium of such renewal; a~+d there shall be no f~re or wi .r.l~torm insur~nce
placed on ~ny of said buildinys. ~ny interat tlxrein w part thereof, ~nlesa in the form'and with the lou payable ai a(aesaid; and in the event any sum
of money becanet paY+ble ~nder s•xh poliq w pol~cies said MORTGAGEE ihall Mw ~he optton to receive and apply tF+e ume on account o~ the indebted- .
n~u secyred hereby w to permit said MORTGAGORS to receive and u3! it or any part thereot fw othcr pu~poses, without th:reb~ waiving or ~mpair- ?
ing ~ny puity, ~ien or right under or by virtw of ~fiis mortgsye; and i+i the event s~id MORTGAGORS shall fo? s~y reason fsil to keep the ssid premius io ~
insured, o~ fail to deliver promplly any o( said polKies ot insursnce fo said MORTGAGEE, w fail promptly to pay iully ~ny p~emium therefot a in a~y f
respect fsil to perfocm, discharge, execute, e((ect, complete, complY with and ~bids by this covensm, or sny psrt hereof, said MORTGAGEE may place and ,
pay fw iuch lr?surance w a~y pa~1 thereof without walving a affecting ~ny option, lien, equ~ty, w right under w by virtua of t~~i Mwt9ape, and the
full amo~nl of eath and every such payment shall be immediately due and payable ~nd shall bear interest irom ths date thereof un~il paid M ths rate ot
nins pe~ centum pe~ annum and to~ether with such interest shall be secu~ed by the lien of this mwtgage.
To pe~mit, canmit w sufta no wasM, imp~irmeM w deterioration of said property or ~nY P+h thereof.
S. To pay ~il and iingular the.coats, charyes ~nd expenus, including a reasonable atto.ney's fee and costs of abstrads of title, incurred w pa~d ai
any time by said MORTGAGfE, bccause or in the event of ~he failure on 1he psrt of the said MORTCaAGOR to duty, promptly and fully per(orm, d~scharge.
execute, elfect, compte~e, comply wilh and abide by each and every the sfipulatians, agreemenn, conditions, +nd mvenanK oi said promissory note and ihis
mwtgsge any or ei~her, and sa~d costs, charges and expcntes, each and every, shall be immed~ately due and paYable; whether a not there be notice da
mand, anempt to cdlect w suit pending; ~nd the full amount of each and every such payment shall bear i~terest from the date thereof until paid at the
rate of nine per centum per am~um; and all said cbsts, charges and expenses 7ncurred w paid, together with tuth inte~est, thall be secured by ths lien of tha
mortpaye.
Q Thaf (a) in the event of any breach of this Mortgage w defauN on the part of the MORTGAGOR, or (b) in the event any of said sums of money
hcrein referred to be not promptly and fu11y paid within thirty (30) days next after the same severally become dve and payabfe, wi~hout demand or notice,
or (c) in the eveqt each and every the stipulations, agrecments, co~d~tions and tovenants of sa~d promissory note and th~s mw~gage any or either are no1
iuly, promptly and fully perfwmed, d~xharged, eaecuted, ettMed, compteted, compl~ed with and abided by, then in either w any such Rvem ths said ag
pregat~ sum mentioned in said promissory note then remaining unpaid, with interest accrued, and all moneys secured Fxreby, shall become due and pay-
eble fathwith, w thcreafter, st the opt~on of said MORTGAGEE, as fully and complNely as if all of the said sun+s of money were wiginally stipulattd
ro be pald on such day, anythirg in satd promissory note w in this Mortgage to the co~~rary notwitha~anding; and thereupon or thereafter at the option of ;
seid MORTGAGEE, withovt not;ce w demand, suit at taw w in equity, there(ore or thereafter begun, may be prosecuted as if all moneys secured hereby ;
i
had matwed prw+ to its institution.
7, ihat in the event that at the beginning of or at a~y time pending any suit ~pon this Matgsge, or to faeclose it, or to reform it, o? to enforce
payr?Knt of any tlaims hereunder, uid lAORTGAGEE shall apply to the Court having jurisdiaion thereof for the appomtment of a Receiver, suth Cour1 shall
FortFiwith appoint a receiver of said mwtgaged property all and singutar, inctud~ng all and s~ngulsr the income, profits, issues and revenues irom whatever
wurce derired, exh and every of wh;ch, it being expressly understood, is hereby mortgaged as if tpec:fically set fath and desaibed in ~!~e g.anting a~+d
habendum clauses Ixreof, and such Rcceiver shall have all ~he broad and efiect~ve funct~ons and powers in anywise entrusted by a Court to a Receiver, and
euch appointment shall be made by such Court as an admitted eqvity and a matter of absotute right to ssid MORTGAGEE, and without reference to the
adequscy or i~+dequacy of the value of the properry mortgaged w to the wtvency or insolvency of uid NtORTGAGOR w the defendants, and that such
ren~s, profiri, income, issues and revenues shall be applied by s~?ch Receive? accordiny to the lien or equity of said MORTGAGEE and ~he practice of such
CouA.
8. To dvl•:, pomptly snd fully pcrform, discharge, exccute, effect, complete, comply with and abide by each and every the stipulations, sgreements,
conditions snd covenams in said promissory note and th~s mortgage set forth.
9. Thst in fhe event the ownership of the mongaged premises, or any part thereof, becomes vested in a pe~wn other thsn the MORTGAGOR, the
MORTGAGEE, its successora and assigns, may, wifhout notice to the MORTGAOR, deal wi~h such succeuor w successor i~ interest with reference to this
mortgsge and the debl hereby secured in the same manner as with Mortgagor without in any way vitiating or discharging the Matgagori liability here- ,
under or upon the debt hereby secured. No sale of the preR~~ses hereby mortgaged and no fabearance on the part of the MORTGAGEE w its successon ;
or auigns and no extens~on of the time for tix payment of the aebt hereby secured given by the MORTGAGEE or its ivccessws w au:gns, .iwll operate '
to release, d~scharge, modify change or affect the originat liab~t~ty of the MORTGAGOR he?ein, either in whole or in part. j
10. It is spec~(ically agreed that time is of the essence of this co~trad and that no waiver of any oblgarion hereunder a o~ the obligation x- ~
a,red hereby shall at any time thereafter be t.eld to be a waiver of the terms hcreof or of the insuument secured herby. ~
11. In add~tion io the fwego:ng monthly payments of princ"pDl and interest required by the promissory note secured he~eby, mortgagor covenanfs ;
and agrees to pay 1o mortgagee with each monthly payment an add~rional sum est~mated by mortgagee to be equal to 1/12 of the annual cost of the follow- y
ing: ?
A-All reat property taxes levied or assessed agai~st the above described real estate. ;
B-P~emiums on fire and windsto~m insuronce as herein ~equ~red to be carried on the improveme~ts situate on the above described premises.
' C-Premiums on suth mortgsge gvaranty insorar,ce as mortgagee shall from time to time deem fit to carry on the loan secured hereby. ~
~ Mortgagee shall fcom time to time notify mortgagor in writing of the amount due and payable hereunder and such surn shall thereupon be due and _
E payable on the due date of the ~ext monthly payment and each successive month thereafter urtil mortgagee shall notify mortgagor of a change in such
i amount. Sych sums shall be applied by mortgagee toward the payment of real property taxes, insurance prem;ums, and mortgage gvaranty insurance ;
~ premivms.
~ IN WITNESS WHEREOF, the said MORTGAGOR has hereur+to xt his hand and seal the da and ye fir t af id.
E XBria ~ t' n
~ r'~ $igned, Ses and delivbred in t esente of:
g ; Presi e~?t
•n
~ A ttes t: Secre~t~~cy
_ ~ $ea4
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"sTATE OF FLORJq~i ~ COUNN OF ST. LUCIE
r
I I-tETtEBY CEi~TIFY, That on this ~ 3 ~ day of February , A.D. 19 68,
before me personally appeared Robert E. Rose and ~`~ary Rose
~ respectively President and Secretary , of
~ Briargate Corporation ~ a Florida; Cor ~on` ~f~me
.P~T . :
~ - ~
~ known to be the persons described in and who executed the foregoing instrument, and severalF~f aFlctiQ~v(~e~1'~ exe- ~
~ ~ . _
cution thereof to be their free ad and deed as such officers for the uses and pursoses therein m~tr?tiAned; "'and-tha4~tkey
_ • . ~11 ',r~
- affixed thereto the official seal of said corporation, and the said instrument is the act and dee~:' of said co~QsraQ~n.
; ' l ~ Q~~ ~ . • ~ . ~ ,
~ WITNESS my hand and official seal at Fort Piercy , said county and statG~-.': . - . '
s ~ _ d ~ :~o•.• t._ ;
'w ota Pubtic in and for tate and C elcl., F
- FILED ~ ND R~CORDECJ'~ ry • ~ °~S'fY f} ~ i
S' LJCir ~^U~:TY, FLMy Commission Expires: ~°f~ry P~jF':~:. StatP'Hf~F~cx;r!q at Lar
r•. - f;~
h% . '7k~+u ~ , , • . . - - i i ~69
J~ i-C-~- ~ r~,~
~ By _ _ , . , - r ; t,, • 49 - ~p ; ~ ~ 1 9 G 9
~w . ; , , .
164~82
~
I his instrum,e~~i , ;
~2 r,!
~ Firsf Federai Sa,,. a ~j n . , ~ ' " -
~ of Fort Pierce~~ ~`r. :r. :u~ i o ~u':;~
~ _ ~y t:_f, souK~ ~U ~n~~ ~.y f ~
, _ _ _ _ _ - - - - ~ ; w-
u°5.~ „~r~` ~ 1u*-n.,~.-
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