HomeMy WebLinkAbout1051~. To place and continuously keep on the Iwildings now or hereafter situate on said land and on ell equipment and personally covered by this mortg•
ege, with all premiums thereon paid in full, fire insurance in the usual standard policy form, in a sum approved by the MORTGAGEE, and windstorm S
insurance in the uswl standard policy form, in a sum approved by the MORTGAGEE, in such company or companies as the MORTGAGEE may i
diredj and all fire and windstorm insurance policies on any of said buildirys, any interest therein or part thereof, in the aggregate sum aforesaid or
to excess thereof, sMll contain the usual standard mortgages clause o. such other clause as the Mortgagee may require, makinpjx loss under said poli-
ties, lath and awry, payable to said MORTGAGEE as its interest may appeu, and each and every such policy shall be promptly ass-fined and delivered ro
any hold by said MORTGAGEE as further security to said mortgage debt, and, not less than ten (10) days in advance of the expiration of each policy, to ds-
liwr fo said MORTGAGEE a renewal thereof, together with a receipt for tltc premium of such renewal; and there :hail be no fire or windstorm insurance
placed on any of said buildings, any interest therein or part thereof, unless in the form and with the loss payable as aforesaid) and in the event any sum
of money becomes payable under such poliq a policies said MORTGAGEE shall have the option to receive and apply the same on account of the indebted-
ness securers hereby w 1o permit said MORTGAGORS to receive and use if or any part thereof for other purposes, without th:reb/ waiving or impair-.
ing any equity, lion or right under a by virtue of this mortgage; and in the event said MORTGAGORS shall for any reason fail to keep the said premises so
insured, or fail b deliver promptly any of said policies of insurance to said MORTGAGEE, or fail promptly to pay fully any premium therefor or in any
respect fail !o perform, discharge, execute, effect, complete, comply with aril abide by this covenant, a any part hereof, said MORTGAGEE may place and t
pay for such inswartce or any part thereof without waiving or affecting any option, lion, equity, or right under w by virtue of this Mortgage, and the
full ama-nt of each errs lusty such payment shall be immediately due and payable and shall brat interest from the date thereof until paid at the rate of
nine per centum per annum and together with such interest shall be secured by the lien of this mortgage.
4. To permit, commit or suffer no waste, Impairment or deterioration of said property or any part thereof.
5. To pay all and singular the costs, charges and expenses, including a reasonable attorney i fee and costs of abstracts of title, incurred or paid at
any time by said MORTGAGEE, because or in the event of the failure on the part of the said MORTGAGOR to duly, promptly and fully perform, discharge.
execute, effect, complete, comply with and abide by each and every the stipulations, agreements, conditions, and covenants of said promissory note and this
mortgage any a either, and said costs, charges and expenses, each and every, shall be Bmmediately due and payable; whether or not there be notice de•
mend, attempt to collect a suit pending; and cite full amount of each and every such payment shall bear interest from the date thereof until paid at the
rate of nine per centum per annum; and all said costs, charges and expenses incurred or paid, together with avch interest, shall be secured by the lien of this
mortgage.
6. llwt (a) in the event of any breach of this Mortgage or default on the part of the MORTGAGOR, or (b) in 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 severally become due and payable, without demand or notice,
or (c) in the event each and every the stipulations, agreements, conditions and covenants of said promissory note and this mortgage any or either are not
duly, promptly and fully performed, discharged, executed, effected, completed, complied with and abided 5y, Then in either or any such event the said ag•
gregate vein mentiortttd in said .promissory note then remaining unpaid, with interest accrued, and all moneys secured hereby, shall become due ar-d pay- {
able forthwith, or thereafter, a1 the option of said MORTGAGEE, as fully and completely as if all of the said sums of money were originally stipulated
to be paid on such day, anything in said promissory note a in this Mortgage to the contrary notwithstanding; and thereupon or thereafter at the option of
said MORTGAGEE, without notice a demand, suit at law a in equity, therefore or thereafter begun, may be prosecuted as if all moneys secured hereby
had matwed prior ro iri irutitution.
7. That in the event that at the beginning of or at any time pending any suit upon this Mortgage, or to foreclose it, o- to reform it, or to enforce
payment of any claims hereunder, said MORTGAGEE shall apply to the Court having jurisdiction thereof for the appointment of a Receiver, such Court shall
forthwith appoint a receiver of said mortgaged property all and singular, including all and singular the income, profits, issues and revenues from whatever
source derived, each and every of which, it being expressly understood, is hereby mortgaged as if specifically set forth and described in the granting and
habendum clauses hereof, end such Receiver shall have all the broad and effective functions and powers in anywise entrusted by a Court to a Receiver, and
such appointment shall be made by such Court as an admitted equity and a matter of absolute right to said MORTGAGEE, and without reference to the
adequacy or inadequacy of the value of the property mortgaged or to the sotvency or insolvency of said MORTGAGOR a the defendants, and that such
renter, profiri, income, issues and revenues shall be applied by such Receiver according to the lien err equity of said MORTGAGEE and the practice of such
Court.
8. To duly, promptly end fully perform, discharge, execute, effect, complete, comply with a.•td abide by each and every the stipulations, agreements,
conditions and covenants in said promissory note and this mortgage set forth. .~
9. That in the event the ownership of the mortgaged premises, or any part thereof, becorrfes vested iri`a person other than the MORTGAGOR, the
MORTGAGEE, iri successors and assigns, may, without notice to the MORTGAOR, deal with such successor or successor in interest with reference to this
mortgage and the debt hereby secured in the same manner as with Mortgagor without in any way vitiating or discharging the Mortgagors' liability here-
under or~pon the debt hereby secured. No sale of the premises hereby mortgaged and no forbearance on the part of the MORTGAGEE or its successors
or attigns and no extension of the time for the payment of the debt hereby secured given by the MORTGAGEE or its successors or auigns, s~'sall operate
to release, d.scharge, modify change or affect the original liability of the MORTGAGOR herein, either in whole or in part.
10. If is specifically agreed that time is of the essence of this contras and that no waiver of any obligation hereunder or of the obligaYan so-
cured hereby shall at any time thereafter be held to be s waiver of the terms hereof or of the instrument secured herby.
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11. In addition to the foregoing monthly payments of print pal and interest required by the promissory note secured hereby, mortgagor eowenants
and agrees to pay to mortgagee with each monthly payrnem an additional sum estimated by mortgagee to be equal to 1/12 of the aprtwl coAt of thtfdlo4v-
.~.
A-All real property taxes levied or assessed against the above described real estate. ~ ~'_ ,-•""'•., ~~-~ '-..
B-Premiums on fire and windstorm insurance as herein required to be carried on the improvements situate on ihe~~iLoYe desuibed;prertusos.
C-Premiums on such mortgage gwranty insurance as mortgagee shall from tame to time deem fit to carry ort tl~ LCan sa4ured ~1er ., ~ =
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Mortgagee shall from time to time notify mortgagor in writing of the amount due and payable hereunder and slum 'shall 1Kgreuptfrl;.b~ dtt¢ and
payable on the due date of the next monthly payment and each successive month thereafter until mortgagee shall n°ti rp°tt~agot~_ a.ehartpe-ln=such
amount. Such sums shall be applied by mortgagee toward the payment of real property taxes, insurance premiums, ^a~~'rnQ;~~~~~~ fnsurance
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premiums. - ~' 't: ~.,~. ~;;
N WITNESS WHEREOf, the said MORTGAGOR has hereunto set his hand and seal the day and ye first aforesaid.c~ -,•
• Sea a rv ed in fhe presence of: FILED ANO RECORDED DONS
ST. ~UCIE COUyTY, FLABY~ , an
1818'73 sears
fSe.4
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STATE OF FLORIDA E ~~ ~IE
I HERE6Y CERTIFY, That on this day ~f August , A.D. 19 69~
before me personally appeared Kelly Ha11 x~c
~ President ~tuic ~laonagc , of
Kelly Construction Cunpany
Florida
Corporation, to me
known to be the persons described in and who exctcuted the foregoing instrument, and severally acknowledged the exe-
cution thereof to be their free ad and deed `a%s~~1,q for the uses and pureness therein mentioned; and that they
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affixed thereto the official seal of said `~o?~oiatign,,~ aiia1;11~e said instrument is the ad and deed of said corporation.
WITNESS my hand and official seal at FoTt~pieres ~~I~ ~ ,said county and state. ,
This instrul><ent prepared by ~ • . - -- ~_,..~:~ti-
-,..:.-
John W. Collins = ~ : 1-: -•~~~`T
First Federal Savings and Ii~riaali.' ~~ ;._-~ -~ ~,rNotary Public, in and for State and County aforesaid.
Commission Expires: yo per, Stile o1 Florida at Large
Association of Fort Pierce,-' ~~dtr-ff3at'- .•~ .rky urn
~'' • ` Mr Commission Expires Sept. 23, 1969
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r ~ ~•.~ Wadtrd b Aawricaa Fn i CaNir Ce.
Checked By ~~'
800K ~ I a7 PAGf 1UJlJ
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