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HomeMy WebLinkAbout1071 ~ • ` r ' Z ~ y i 3. To plact and continuo~sly keep on the buildinq~ now w Mre~ftN utwN on said land and on all puiprn~nt ~nd paaon~lly covK~d by this mw1~ +g~, wilh all prcmiwns tMrcon paid in full, fire inwranc~ in tM uswl sandard polky torm, in a sum ~pprowd by 1M MORTGAGEE, and wind~twm inwnnc~ in tM usual aanda.d policy fam. G+ a sum epprov~d by ~hs MORTGAGEE, in such company or compar?ies as tM MORTGAGEE may di~ectt and all itn and wi~tarm ir?turanc~ policiet on sny of seid bvildirps, aMr int~nst tl~~in or psrl tMrwf. in tM agy~epat~ wm afores~id a in ~xteu thereof, ihall contain the uswl sfandud mor~gage~ d+us~ or iuch ah~r cl~uss ~s the Mor~ps~h may requin. makin~ tM loss vode~ sa~d polF cie~, each and evNy, payable ro said MORTGAGEE ea its lnterest may app~a~, snd ~acl~ snd every such policy thall b~ promptly aa:~ned and de~lvered ro ~ any hsW by said MORiGAGEE ~3 turlfier security to said mo~tysya debt, and. ~wf less tFun ten (10) dsys in advance of 1M expirsiion of each policy, to dr live~ ro iaid MORTGAGEE a r~newal thereof, topethH with a reteipt ior the prtmium of svth renewal; snd there ihall b~ no fire w windstwm insuranc~ ~ pl~ced on any of s+id buildirgs, ~ny intNest therei~ or part lhereof, unleu tn the form and with tM lou p+ysbk ss a{a~s~id; and in the event any sum of morny becomes payabl~ ~nde~ wch policy w policies sakJ MORTGAGEE shall have tM option to receive and apply the iama~on accou~t of the indebted~ neu secured hereby o~ to ptrmit said MORTGAGORS to reteive snd us~ It a a~y part the~eof iw other purposes, without thareb~ waiving w impaio- ing any equity, lie~ or right under w by virtue of this mortg~ye; and in tM svent aid MORTGAGORS shall fa ~ny resson fail ro keep the s+id premises w insured, w fail to deliver promptly s~y of said policies of insurance to said MORTGAGEE, or fail promptly to p+y fully any premium therefar a i~ any reipect fail to perform, dischuge, execute, effect, complNe, comply with and abids by this covenan~, w any part he~eof, uid MORTGAGEE may pl~ce and pay fw tuth ins~ranct o~ any part thaeof without waivin~ o? affMi~p ~ny opYwn, li~n, equity, w right unde~ or by virtw of this Matyape, and the full artwunt of each and tvery suth p~yment shall bs immedi~tely dw and payabl~ and shsll besr inte~e~t irom ths dat~ thereof vntil paid at ths rate o1 t n~ne per untum pa annum and together with such iroerest thall be secured by the lien of this mortQsye. j 4. To permit, commit or suffer ~o waste, imp+irment or deterioratan of said property w any parf ihereof. S. To pay all a~d singutu the costs, chsrges ~ed expensea, includi~g a reasonabk sttwney's fee and costs of abahar~s of title, incurred w paid ~1 any tims by said MORTGAGEE, betaust or in the eve~t of the failuro on the part of the said MORTGAGOR to duly, promptly ~nd fully perform, dixharg~, execute, effect, complete, comply with and abide by each and every tF+e stiputat~au, ayreemenn, caxlitions, and covenants of said promiswry note and thii mortgage any w eithe+, and s~id tosts, th+r~es a~d expe~se:, e~ch ~nd every, shall be immediately due and payable; whether or not tAere be ratite d~ mand, attempt ro m11eN or wit pend~ng; and the ful) s~nount of each ~nd every tvch paymem shall bear interest from the date thereof until p~id at the rare of nine per centum per annum; ~nd sIl said costs, charget and expe~ses incwred or paid, logether with svch interest, ahall bs setured by ths lien of tFw mortyape. 6. That (a) in the event of ~ny breach of this Mortgaye or defsult on the paA of the MORiGAGOR, w(b) i~ the event any of said sums of money herein referred to be not promptly and fully paid within thirty (30) days next after the same seve?ally become due aod payable, without demand or notke, or (c) in the evem each and eve~r the stipulations, sgreements, conditans and tovensnri of sald promissory note and this mwtgage any or either are not iuly, promptly and fully periwmed, d~uharged, executed. effected, compkted, complied with ~nd ab9ded by, then in e~the? w any such event the said ap~ gregate wm mentioned in said promiswry note thcn remai~ing unpaid, with interest accrued, end all moneyi setured hereby, shall become dw aod pay~ ~ abte fwthwith, or tFxreafter, at the opfion of said MORTGAGEE, u fully ~nd completely as if all of the wid wms of money were acginally stipulated ~ ro be paid on such day, anything in said promiuory note w in this Mortgsge to the contrary notwithstanding; arxl ~hereupon or thereafter at the op~ion of { said MORTGAGEE, without notice or demand, wit at law or in equity, therefore or thereafter begun, may be p?osecutcd as if all moneys secured hereby E had mat~red pnor to its institution. ~ 7. That in the event that at the beginning of or at any time pending any suit upon this Mortgsge, ot to fweclose it, or to reform it, w to enforte payment of any claims hereunder, ssid MORTGAGEE shall apply to the Co~A having jurisdiction thereof fw the appointment of s Receiver, such Court sMll forthwith sppoint a receiver of said morigsged property all and singutar, includ~ng all and singular the inmme, profits, issues and revenues trom whatever ~ source derived, each and every of whKh, it txing expressly understood, is he~eby mortgaged as if specifically set fath and described fn the granting and ~ habendum clauses hereof, and such Receiver shall have all Ihe b~o~d and effective functions rnd powers in anywise entrusted by a Court fo ~ Receiver, and s~ch appointment shall be made by s~~ch Court u sn sdmitted equity and a ma?ter of absolute rigAt to said MORTGAGEE, and without reference to tM adequacy or insdequacy of the value of the property mortgaged or to the solvency or insolvency of said MORTGAGOR or the defendann, and that svch rents, profits, incane, issues and revenues shall be applied by suth Reteiver according to the lien w equiry of said MORTGAGEE and the prattice of such Court. ~ 8. To duly, promptly and fully perlorm, discharge, execute, effect, compkte, comply with and abide by each and every ihe stipulations, ~greements, condit'ans and covenants in said promissory note and this mortgsge set forth. 9. That in the event the ow?xnhip of the mortgayed premises, a any part thereof, becomes vested in a penon other than the MORTGAGOR, th~ MORTG/~GEE, in successws and suigns, may, without notice fo the MORTGAOR, deal with such successor a wccessor in interest with reference to thi~ morigage and the debt hereby securod in the same manner as with Mortgsgor without in any way vitiating or discharging the Mortgagors' lisbility here- under w upon the debt hereby secured. No sale of the premises he~eby mortgaged and no fwbearante on the part of the MORTGAGEE w its successon or assigns and no exte~sion of the time fw the payment of the debt hereby secured given by the MORTGAGEE w its successors a auigns, shall operat~ ro release, discharge, modify change or affect tlx wiginal liability of the MORTGAGOR herein, either in whole w in part. ~ ~ 10. It is specifically agreed thst time is of the essence of this contratl and that no waiver of any obligation hereunder or of the obligaYan se- cured hereby shall at any time thereafter be held to be a waiver of the terms hereof w of the in:trument secured herby. 11. In addition to the fwegoing monthly paymems of prin~ pal and interest required by the promissory nore secured hereby, morigagor covenanis and agrees to pay to mortgagee with each mo~thly payment an additional sum estimated by mortgagee to be equal to 1/12 of the annuel cost of the follow- ing: A-All real property taxes levied or assessed against the above dewibed real estate. ' B-Premiums on fire and windstorm insurante as here+n requ~red to be carried on the improveme:~ts situate on the above desvibed premises. ~ C-Premiums on such mortgage guaranty insurance as mortgagee shall from time ro time deem fit to carry on the loan setured hereby. Mortgagee shall from time to time notify mortgagor in writing of the amount due and payable hereunder and such sum shall the~eupon be due and cayable on the due date of the next monthly payment and each successive month thereafter urtil mortgagee shall notify mortgagor of a thange in tuch I amount. Such sums shall be applied by mortgagee toward the payment of real property taxes, insurance premEums, and matgage guarsnty insurance ~ I premiums. ~ • N WITNESS WHEREOF, the said MORTGAGOR has hereunto set his hand and seal the day and year first afor ' ~ igned. 5 aled nd delivaed in presente of: ~ - ary ~ •n n ~ n ;TATE OF FIORIDA t couNn oF S t. L u~cie Before me personally appeared Henry D. Laverv a~d Janet G. Lavery his wife, to me well known and known to me to be rhe individvals described in and who execvted the foregarg instrument, and acknowledged beforo me that they e:ecuted the same fw the purpoies therein expressed. Ard fhe said .~anet L.SVPrv ~ w~fe of the ~~a Henry D. Lavery a separste and pmate ezaminatwn by me taken.~sp+~afi.~nd apaH from Mer ssid husband, ~cknowledged fo and befwe me thaf she execvted said instrument freely snd volun- rar~ty and without any compulian, cortsneint, appreh~~uion, o feu of or from her ssid husband. WITNESS m~r,h~nd ~ afficial sesl f ~1,y or November a o. i9 68 ~ . ' E ~ f~ • Notary Public in and for the State of Florida at lar~s ,j ,,1,'~, - ~ . ~ : , 1~' My Commissan txpires: I ° ~et~m Ta ~ ~ y• = -F1LED ANO RECORDED F~nt Fedqr~l ~v'~ogs ,3 Lwq Au~itid~ ST. LUCIE COUNTY. FLA. Not~ry h~bGc. StNe oi Florid+ at lar9e ~ fjf ~ott 'Plef~~ : F2 e: Cn RO VE RI FIE D fAy (oamissio~ E~cpi~es Sep#. 23. 1969 ~Or~ ~ieY~.• J 1..~~ ~ = 1'7za~s b.....,,,.~ic.. F... C~w~! ; e ~ ~ ~~'••.s.•~~i • ~ ~~VY ~ !11'1 ~ • ~ ~ This in . . First feders~'~~p~'~ . ~ Loat~ J~sssn. . of Fort ~itrcx RO R POITRAS Sy J. Collins CLERK CIRCUIT COURT $OOK P~~~~ ~ ~ - . ~ ~ ~f ~ _ ~ ~ _ _