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HomeMy WebLinkAbout1845 . ~ ~ To ac~ and conti~wovst ke on tM buildi t now a Fa~eafter sitvat~ on said land a~d on ~II i P~ Y ~P ^p equipmcN and p~non~lly cov~red by this mort~- ~ +p~, with ~il premiums thereon paid in full, fir~ in:uranc~ in ths u~ual sta~derd policy form, in a sum approv~d by ths MORiGAGEE, ~nd wi~to~m lnsuranu in ths uswl s~~ndard pol~cy fwm, in ~ sum ~pproved by the MORTGAGEE, in such company or companies as tM MORTGAGEE rnsy dinctj ~nd aU firs and w~r+dsro~m iniururca policies on any of faid bu~ld~nps, ~ny interesl tF+e?ein or part tfxreoi, i~ tM a~rey~to wm afore~+k) or in ~zceu thereof, sMtl contaln the usual standard mortgaget claus~ q such ofhet clw~ u ths Mortgayee may requ~r~, makinp the tou w+da iaid poli- ciq, e+ch ~nd ~ve~y, p~yabk ro said MORTGAGEE as ~ti imerest may ~ppear, and eath and every such poficy ihail be promptly su:9n~d and delivered to •ny held by said MORTGAGEE a further sec~rity to said moatgage dcbt, and, nol feu fhan ten (10) days in advante of ths expiration of eath popty, to dr livs~ to s~id MORTGAGEE ~ renewal thereof, tope~ha wi~h a receipt for the premium ot such renewal; and the~e shall be no f~~e or windstorm insurance placed on sny of said b~ildings, any interest thaein w parr thereof, unle:s i~ tha form arxl with tha lou payabte ai aforesaid; and in the eve~t any sum of money becomes payable unds~ such polFcy a policies seid MORTGAGEE shall have ~hs optiw~ to rKeive and apply 1he same on accounl of IAe indebted- ~ Mts ietu~ed he?eby O~ t0 permit said MORTGAGORS to teceiva snd u3e it Or any part therepf (or other purppses, without thrreb/ waivi~y o~ ~mpair- ing any puity, lien w right u~dcr w by v'utus of fhis mo::gage; and in 1he tvent ta~d MORTGAGORS ahall 10~ any reason fail fo keep the said premiut so insured, q fail fo detivs~ prompfly any of said policies of insurance to ssid MORTGAGEE, or fail p~omptly to pay fully any prcmium therefor or in any respect fail q p~r(um, dixhsrge, execute, effect, completa, comply with and abide by thit covenant, w any pa~t hareof, said MORTGAGEE m~y place and pay for suth ir?wrant~ ot a~y part thereof without waiving w ~ffettiny any option, litn, eq~ity, w right undet w by virtue of this Mwtg~pe, and tht full amovnt of each and evKy svch payment shall be immediately due snd payable ~nd shall bear interesi from the date thereof un~il paid at the rate oi n~ne per centvm per annum and to~ether with such interest shati be secured by the lien of this mortgage. 1. To p~rmdt, commit or suffer no waste, impa+rment p dete?iaation of said propery or ~ny part thereof. S. To pay a!I ar~d sinQula ths coafs, charyea ~nd expentes, including a reasonable attwney's fes a~d costs of abstracts of tiNe, incurred w paid ~t any t~me by said MpRTGAGfE, because w in the event of the failure on the part of ~he said INORTGAGOR to duty, prompNy and fully perform, diuha~ge, execute, affen, compkte, compty with and ab~de by exh and every the stipvla~~oru, agreements, condifiau, and covenants of said promissory note arxl this mortyage any a either. and ia~d cosn, charges and expe~ses, each and every, shall be immediately dve and payable: whetFKr or not there be notice d~ mand, attempt fo tollect or suit pending; and the full amo~nt of cach and every such paymeM shall bear interest from Ihe date fhereot txitil paid af the rate of niee per tentum per annum; and all said costs, charges a~d ezpenses incurred or paid, together with such interest, shall be setured by the lien of thiu '~t~~• i 6. iMt (a) in the eve~f of sny breach of this 1Vbrtgage w default on the part of the MORTGAGpR, or (b) in the event any of uid sums of money ' hercin refevred to be not promptly a»d iully paid wilhin tF~i~ty {3p) days next af~er the same severatly become due and payable, without demand or notice, ' or in the event eath and every the stipvlations, sgreements, cond~tions and covcnants of sa:d promissory note and th~s mortgage any a either s~e not ! ~uly, promptly s~d fully performed, d~xharged, eaec~ted, effected, completed, compl~ed wi~h artd ab+ded Sy, then in either p any sucF~ ~vent the said ag- i gregat~ wm mentioned in said p~omissory note then remaining unpa~d, with interest accrued, and al! moneys secured hereby, ihall become due and p~y- f able fathwith, or thereafter, at the option of said MORTGAGEE, as fully ar+d completely as if all of the said wms of money were aiginatly st~pulated 1 ro ba pa'+d on such day, anything in sa;d prom~uory note or in this Mortgage to the contrary ~otwithstanding; and thereupon or thereafte~ at the option of ssid MORTGAGEE, without notice or demand, suit at law a in equity, therefpre or thereafter begun, may be prosecuted as if all moneys secuced hereby ' had matured prlor to its irutitution. ~ 7. TM~ in fha event that at the beginn;ng of or at any time pending any svit upon this Mortgage, or to faeclose it, or to refwm it, or to e~fwce payment of any claims hereunde~, said MORTGAGEE shall apply to the Court having jurisdiction lhereof for the appoiNment of a Receive~, tuch Court shall Fwthwith sppoiM a receiver of said mortgagod prpQerty atl and singular, irtcit~d~ng ail and singular rhe income, profits, iuues and ~evenues trom whatever source derived, eath and every of which, it being expressly undersrood, is hereby morrgaged as if specifically set forth and desuibed in the granting and habendum cla~sa hereof, and such Receiver shatl have aIl the broad and effective funcf~ons and powers in anywise entruated by a Court to a Receiver, and such appoi~rment shall be made by such Court as an ad~nitted equity and a malter of absolute right to said MORTGAGEE, and without re~erence to the adequ~cy or inadeqvacy oi the value of the property mortgagcd or to the wtve~cy or ~nsolvency of said MpRTGAGOR w the defe~dants, and that svch rents, profits, income, iuues and revenues shall be apptied by such Receiver accordi~g ro the tien or equity of said MORTGAGEE and the practice of such Court. 8. To duly, promptly and fully pe?form, d~xharge, execute, efiect, comptete, comply w~th and ab'~de by.esch and every the stipulations, agreemcnts, conditions ~nd covenants in sa~d pranissory note and th~s mortgage set forth. 9. That in the event the ownersh~p of the mortgaged prem;ses, w any pari thereof, becomes vested in a person other than the 1440RTGAGOR, fhe ~ MORTGAGEE, its succeuws and assigns, may, w~thout notice to the MORTGAOR, deal with svch successor or successor in interesf with reference to this j mortgage a~+d t1~e deb~ hereby secured in the same manner as with Mortgagor w;thout in any way vit~atirg or d~xhargirg tF~e Mwtgsgors' liabitity hera ~ under or upon the debt hereby setured. 3Jo sale oF the premises hereby mortgaged and no forbtarance o~ the pan of the MORTGAGEE w ifs successws or assigns and no e:tens~on of the time for the payment of the debt hereby secu~ed given by the MORTGAGEf or its successors or au~gns, shall operate to release, d~scharge, modify charge a afiect the originai liability of rhe MORiGAGOR here~n, either i~ whole or en part. 10. It is spec~fically agreed that time is of the essence of this tontrat? and ~haf no weiver of any obl:gation hereunder w of tha obligaYan sr cured hereby shall at any time thereafter be hetd 1o be s waiver of the terms hereof or of the instrument secured herby, j ~ 1. In ~tion to the faego:ng monthly payments of princ'pal and interest required by 1he piom~sse?y note secured hereby, mortgagor covenanrs ! and agrees to pay ro mortgagee with each monthly payrnent an add~rional svm esr~rt;ared by mortgagee to be equal to 1 j 12 of the annual coat of the follow- i ~ng: ` A-All real property taxes kvied or assessed agai•,st tne abave described rea~ estate. ; B-Premiums on fire and wi~dstorm insurance as herein requ:red to be carried an the improvements s~tuate o~ the above described premises. ~ C-Premiums on such mortgage guaronty ir.surance as mortgagee shall frcm t~me to time deem fit to carry on the bart secu?ed .i~treb~r, _ i Mortgagee shall f~om t~.me to t~me notify mortgagor in writing of the amount due a~d payable hereunder and sucM su~ ~~all'tl^~ upon be dw ~nd payable o~ the due date of the next month:y payment and each successive month therealter ur.til mortgagee shall nQtif~ m~SJ~~ego~.p~j'~}wy~ such pr~m ums.~h aums shali ~ applied by matgagee toward the payment of real property ta~es, insurancQ prem:itmC' ~.•inpiBa~e 9uaranty~. irowsnce ~ ~ . IN WITNESS WHEREOf, the sa~d MORTGAGOR has hereunto set his hand and seal the day and year fir Siy led and liver in the presence of: ~~10~ ~~~~Y-. , _ BY: n ' 1 1 s~idsn " n , _ . . _ ' D _ _ _ - _ FILEO ANO R~L~"_`- - STATE OF FLORIDA - COUNTY OF ST. LUCIE ST•,~~C~E COUQT~~E~ ' I HEREBY CERTIFY, rna~ o~ *h~s .~t~ .~lv isO2~5 69 ` day of q,p, ~ q befare me perwnally appeared ~lly Nall ~ ~ to ; ~ respectively as President , of KelZy Constzuction Coapany ~ a Rloz~ fds~ ~`~~TR~`S ~ ~ stio~,,. to me known to be the persons deuribed in and who executed the foregoing instrument and sev~aNy adcnawtec~yid:tkie~~iE• cution the?eof to be their free act ar?d deed as such off;cers fer the uses and purposes therein men~oc?ecf; 9r~t~rt~j~ey affixed ihereto the official seal of said oorporatian, arxl the uid instrument is the act and deecf of: ja~~~qt~preAlph~ : WITNESS my hand a~d official seal at Fort Qierce , said county and state. This Instsusent Ps~pared By ~ . ~ John W. Collins~ Fizst Ffd~sal r r`' 2'~ Savtays and [.oan Association o! Nota Public, in anci for Stste and Countji'sfores'sld~` ~or t Pilrc~ ~ Flozida My Commission Expires: ~ ~ ~ ~ ~ ~ * ~.~.E~ a~ 23~196! Checked By ~ . ~ , e ~Ki78 PAGE1844 ~ ~ ~ = ~ - ._r~.~ L_... - _u_,