HomeMy WebLinkAbout1984 3. To plac~ and continuou~ly keep on ths buildings now o~ hereafte? ~~tuate o~ sa~d I~nd and on ali equipment and ptrioniily covered by thi~ mort~
sga, with ~II premiurtR thereon paid i~ full, fire insurance in the usual ~tanda~d polity fam, ~n • sum approved by the MORiGAGfE, and winds?um
~niur~nce i~ tM usuai ttandard policy fam, in a sum approved by the MORTGAGFE,- in such company or companies ss the MORTGAGEE m~y
d~rettj and all ii~e +nd w~ndsrorm insurante polic~es on any of said buildinys, ~ny interesl 1he~ein or part thereof, ie the ~pgregate ium aforesaid a
ln excess ~hereoi, ~hall ca+tain the usval ~t~ndard mor~gagee clause w such o~he+ claus~ as tM Mo.rpagee may ~eqv~n, makir+Q ths lou unda said poli~
dei, each and every, payable ~o iaid A~ORTGAGEE as ita interest may appear, and e~ch and every iuch policy shall be promptly ass:gned and detive~ed to
sny held by s+id MORTGAGEE as f~rthe~ security to said mortgsge debt, ~nd, no~ leu tM~ ten (10) dayt in advance of ~t?~ expir~t~on o( each policy, ro da
Iiver to taid MORTGAGEE ~ renewsl thereof, toyeth~~ with a receipt fw the prsm;um oi such renewal; and ther• shall be no firs or windstorm insur+nce
plac~d on ~~y of ia~d buildings, ~ny interes~ there~n or psrt ~hereof, ~nleas in the forin'and with the toss payabta ~s aforesaid; +nd in the event any sum
of mon~y becomes payable under tuch policy w polKies uid MORTGAGEf shall have the opNon to receive and apply tM same on accoun~ o~ the indebted-
ness ~ecv?ed Mreby oi to permit said MORTGAGORS to reteive and uu it or a~y part thereof for othcr purposes, withaut thereb~ r•rai~~i~y o~ ~mpair-
ing any equ~ty, lien w ri9ht under or by virtue of this ma:yage; and in tM event sa~d MORTGAGORS shall fo~ any ?easwi f~il to keep the ss~d premisei to
insurod, w fa~l ro dei~~e. promptly a~y of said policies of insu+snce to ssid MORTGAGEE, or fail promptly to pay fully sny premium therefw p i~ any
respect fail to perfotrty distFa~ge, execute, effect, complete, comply with and abids by this covenant, w any part hereof, taid MORTGAGEE may plsce and
pay fa such iniurance w any pan thereoF w~thout w~lving or aifecting any optio~, litn, eqv~ry, w r+ght under a by virtw of this Matga9e, and the
full smounf of esch a~d every such payment shall be immed'utely dw and p~yable and shall bea~ inte~est from ths date thereof ~ntil paid at tM nt~ of
n~ne pcr centum pa +nnum and togetlur with such interest shall be secured by tfie lien oi this mortgage.
1. To permit, commit or suffer no wasts, Impai~ment a deteriw~tion of said property w~ny pan thereof.
S. To pay all and singular tf+e.costs, charge~ snd expenus, Incfud~nq a reasonable a»aney's fee and costs of abstracts of title, incurred or paid at •
any time by uid MORiGAGEE, becsus! a in the event oi the failure on the parl of ths said MORTGAGOR to duly, promptly and fully per(orm, diuharge,
execute, eifcsL comptete, comply wi~h ai+d ab;de by esch and every the stipulat~ons, agreemenn, co~ditions, end covenants of said promissory r+ore and this
mortgage a~y or e~tAer, and ~aid costs, chs~ga and expenses, ~ach and every, shall be immediatety due se?d payable; whether p not there be notice dt
mand, attempt to tolkct or suit pending; snd the full smount'of eath and every iuch payme~~ shall bear interest from the de~e thereof untif psid at the
rate of nine per centum pe~ annum; and all said costs, charges and expenses intvirtd a paid, together with such interesl, shall be secured by the lian of this
mortga9e. '
A. Thst (a) in the event of any breach of thi~ Mwtgage or defavlt on the part of the MORTGAGOR, a(b) in the event any of said twns of money
herein referred to be not promptly and fulty paid within thir/y (30) days nexr after ti~e same severally become due ind psyabk, without demand or notice.
o~ (c) in the eveqt exh and every the stipulations, agreements, conditions and covenants of sa~d promiuory note and th~s mortgsge any w e~ther are nol
~ufy, promptly snd futly performed, d~uharged, executed, effeued, completed, complied wi~h and abided by, tt?~n in either w any such event the sait: ~g
yregate sum mcntaned in said promissory note then remaining unpaid, with interest acvued, and all moneys secured hereby, shall becoms due and pay-
able fathwith, w thereafter, at tAe option of said MORTGAGEE, as fully ard completely as ii all of the sa~d sums of monay were aiginally ttipulated
ro be pald on such day, anything in said prom~ssay note w in this Mortgage to the contrary notwiths~anding; and /Froreupon or thereafte~ st the option of
seid MORTGAGEE, without notice or demand, svit at law or in equity, therefore ot thereafter begun, may be prosecuted as if al) moneys secured hereby
had marured pnw to its insti~ution. .
7. That in the event that at the beginning of or at sny time pending aoy su~t upo~ rhis Martgage, w to foreclose It, or to refwm i?, w to enfwq
payment of any claims hereunder, said MORTGAGEE shall apply to the Court having jur~sdittion thereof ior the appo~ntment of • Receivcr, tuch Court shall
FortFiwith appoint a receiver of sa~d mo~tgaged property all and singvlar, inciud~ng all and sEngufar the income, pro(~ts, issues and revenues irom whatever
tource derived, each •nd every of which, it being expressly u+?derstood, is hereby mortgaged as if tpecifically set fath ~nd dewibed in the granting and
habendum clauses hereof, and such Rece~ver shall have all the bro~d and effeaive funcnons and powe~i in anywise entrusted by a Court to a Receiver, and
such appointrt+ent shail be made by such Cou?t as an admitted equity and a rt+atrer of absolute rigM to said MORTGAGEE, and without referenct to the
a~eq~scy w inadequacy of the value of the property mortgaqed or to the soivency or ~nsolvency of said MORTGAGOR or the defenda~n, and that such
rents, profits, irxome, issues and revenues shall be apptied by auch Receiver acco~d~~y to ~he ~~c~ « eq~~~y of wid MORTGAGEE and the pracrice of such
CourT.
8. To dul~, promptly snd fully perform, dischsrge, execute, effed, complete, tomply with and abide by each ar+d every the stipulations, agreements,
conditaos and covcnants in sald promissory note and thi: mortgage xt fwth.
9. Thst in the event the ownership of the mortgsged premises, w any part thereof, becomcs vested in a penon other fhan the MORiGAGOR, the
MORTGAGEf, ifs successors and assigns, may, wirhouf no~ice to tFx MORTGAOR, deal with such successo~ a successor in interest with reference to this
mortgage and the debt hereby srcured in tht same manner as with Mortgagw without in any way vitiating or dis~hargi~g the Matgagori li~bitity here. .
under or upon the debt hereby secured. No sale of the premises he~eby morrqaged artd no forbeaiaace on the pert of tF~e MORTGAGFE or its successors
or assigns and no e:tension of the time for the payment of the aebf hereby secured given by the MORTGAGEE or its successors w au~gns, shall operate
to release, distharge, modify change o~ affect the orig~nal liab~lity of the MORTGAGOR Fxrein, eitha in whole or in part.
10. It is spec7fically agreed fhat time is of the essence of th~s contract and that no waive? of any obligation herreund~r or of the obligation st
a.red hereby shall at any time thereafter be held to be + waiver of the terms hereof w of the instrument secu?ed herby.
11. In add~tion fo ~he forego:ng monthly payments of print"pDl and interest requ~red by the promissory nore secur~ heteby, mortgagor covenants
and agrees to pay fo mortgagee with each monthly payment an addirional sum ett~mated by mortgagee to be equal to 1/12 of the annual cast oF ihe follow-
;ng:
A-All real preperty taxes levied o? assessed against the above described real estate.
B-Premiums on f~re and windstorm ins~rance as here~n requ~red to be carried on the improvements situate a? the sbove described premises.
C-Premiums on svch mwtgage guaranty insurarce as mortgagee shall from t~me to tirr~e deem tit to carry on the loan tecured hereby.
JVtortgagee shall from time to time notify morlgagor in wririr~g of fhe amount due and payable hereunder and such wm shall therevpon be due snd
payaWe on the due date of the nezt monthly payment and each successive month tF+ereafter ur,til m.xtgagee s}~all notify mortgagor of a change in such
amount, Such sums shall be applied by mortgagee toward the payment of real property taxes, insvrance prem:ums, a~x) mortgage guaranty insurance
premiums.
(N WITNESS WHEREOF, the said MORTGAGOR has hereunto set his hand and seal the day I 10
' Signed, Se ed and delive?ed in the pre~erxe of:
- B Y ~ Pres ident
e aq
Attest•
, ecre t~~~y
_ . SeaD
STATE OF FLORIDA COUNTY OF ST. LUCIE
I HEREBY CERTIFY, That on this d.3'`=~ Februazy 68 _
day of , A.D. 19 ,
before me personalty appeared Robert E. Rose a~d rtary Rose
respectively President and Secretary , of
Briargate Corporation Rlorida
~ a Corppration, to me
known to be ihe persons desc~ibed in and who executed the foregoing instrument, and severaNy a4knowtedged,/he ex~•.
cution thereof to be their free act and deed as such officers for the uses and pursoses therein m~iitioned;•and ~hat_ fl~e"y
; ~ ' ' ` ~ C ' ' L , .
affixed thereto the official seal of said corporation, and the said instrument is ihe act and de~tl ~of''said,4prporotion_
~
~ WtTNESS my hand and official seal at Fort Pierce , said county and staie:~
This instrur^e:~t pr~~~ re~ hy , .
First FM4~.'~ f:?:. i. Lr~~~a i~»tt. W`
F~ ~Q~MMIAttOt ~ - -
OI i i'i~(Ce ~1Qbtary ;Public, in and for State and Counfy. afoteseic~••'~~ ~
. ~-~~~~W~1'~~~O~c Commission Ex ires: kotary PuSi~
f= fl~:~~~ ;'t'~.^,?~I~D P c. Stite ~f;FferldA at /v ~
j_ _ . C ~AY Cnrr;mi~~:,,n La?re L
~~~'S ~(~O ~'N1 ~~~J3 ~t~~rerlf~rj 1 ~..,r,~r^S Qrt j~. ~n0~ 1
V~ ~ ~~ei.a_. ;t~ Ui
VI IUII f IGI ~ . u~'~
f 2~6;~~M !0 ~ 33
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