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HomeMy WebLinkAbout1338S. To place and continuously keep on the buildings now or hereafter situate on said land and on all equipment and personally covered by this mortg• age, with all premiums therwn paid in fu14 fire insurance in the usual standard policy form, in a sum approved by the MORTGAGEE, and windstorm insurance in else uawl standard policy form, in a aum approved by the MORTGAGEE, in such company or companies as the MORTGAGEE may dtract; and all flro and windstorm insurance policies on any of said buildings, any interest thereGt a part thereof, in tM aggregate sum aforesaid o- in excess thereof, shall contain tM usual standard mortgagee clause or such other clause as the Mortgagee may requ'us, ma-irg the lou under said poli- cies, each and every, payabM ro said MORTGAGEE as its interest may appear, and each and every such policy shall be promptly assigned and delivered to any held by said MORTGAGEE as further security to said mortgage debt, and, not feu than\ten (10) days in advance of the expiration of each policy, to de• liver to said MORTGAGEE a renewal thereof, together with a receipt for the premium of such renewal; and there shall be no fire or windstorm inwrance plaud ore any of said buildings, any interest therein or part thereof, unless in the form and with tM loss payable as aforesaid; and in tl+e event any wm of ttsortey batornss payable under such poligr or policies said MORTGAGEE shall have the option to receive and apply the same on account of the indebted• ness secwad hereby a ro permit said MORTGAGORS to receive and use it or any part thereof for other purposes, without th_rFb/ waiving or Impair- ing any equity, lien or right under or by virtw of this mortgage; and in the event said MORTGAGORS shall for any reason fail to keep the said premises w Inwred, o- fail ro deliver promptly any of said policies of insursnu to said MORTGAGEE, a fail promptly to pay fully any premium therefor o. in any reaped fail ro perform, discharge, execute, effect, complete, comply with and abide by this covenant, a any part hereof, said MORTGAGEE may place and pay fa such iraurar-ce or any part thereof without waiving a affecting any option, lien, equity, a right under a by virtw of thin Mortgage, and the full amount of each and tvsry such payment shall be immediately due and payable and shall bear interest from else data 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. 1. To permit, tornmit or suffer no waste, impairment or deterioration of said property o- any part thereof. S. To pay all and singular the costs, charges and expenses, including • reasonable attorney's fee and costa of abstracts of title, incurred o- 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 o- either, and said costs, charges and expenses, each and every, shall be immediately due and payable; whether a not there be notice de• mend, attempt to tolled or suit pending; and the full amount of each and every such payment shall bear interest from the date thereof until paid at the rate of nirse per centvm per annum; and all said costs, charges and expenses incurred or paid, together with such interest, shall be secured by the lien of this mortgage. 6. That (a) in the event of any breach of this Mortgage or default ore the part of the MORTGAGOR, or (b) in the event any of said sums of money heroin referred to bs not promptly and fully paid within thirty (30) days next after the same severally become due and payable, without demand or notice, or (~ in the event each and every the stipulations, agreements, conditions and covenants of said promissory rate 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• gregaN cam mentioned in said promissory note then remaining unpaid, with interest accrued, and all moneys secured hereby, shall become dw and pay- able forthwith, or thereafter, at the option of said MORTGAGEE, as fully and completely as if dll of the said sums of money were originally stipulated to be paid on such day, anything in said promise«y rate or in this Mortgage to the contrary notwithstanding; and thereupon or thereafter a1 the option of said MORTGAGEE, without notice or demand, suit at law or in equity, therefore or thereafter begun, may be prosecuted u if all moneys secured hereby had matured prior to its institution. 7. That in the event that at the beginning of or at any time pending any suit upon this Mortgage, or ro foreclose it, or to reform lt, or to enforce payment of any claims Ise-eunder, said MORTGAGEE shall apply to the Court having jur;sd;ct;on 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, and such Receiver shall have all the broad and effective functions and powers in anywise entrusted by a Court to s 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 fo the adequacy or inadequacy of the value of the property mortgaged or to the sowency or insolvency of said MORTGAGOR a the defendants, and that such rents, profib, income, issues and revenues shall be applied. by such Receiver according to the lien a equity of said MORTGAGEE and the practice of such Covet. 8. To duly, promptly and fully perform, discharge, execute, effect, complete, comply with and abide by each and every the stipulatons, agreements, condit'aro 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, becomes vested in s person other than the MORTGAGOR, the MORTGAGEE, its successor and assigns, may, without ratite to the MORTGAOR, deal with such successor a 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 upon the debt hereby secured. No sale of the premises hereby mortgaged and no forbearance on the part of the MORTGAGEE or its successors or assigns and no extension of the time for the payment of the debt hereby secured given by the MORTGAGEE or its successors or assigns, shall operate to release, discharge, modify change or affect the org;nal liability of the MORTGAGOR herein, either in whole or in part. 10. tt is specifically agreed that time is of the essence of this contrail and that no waiver of any obligation hereunder a of tFle obligation se- cured hereby shall at any tirtx thereafter be held to be a waiver of the terms hereof or of the instrument secured herby. 11. In addition to the foregoing monthly payments of print"pal and interest required by the promissory note secured hereby, mortgagor covenants and agrees to pay to mortgagee with each monthly payment an add;rionsl sum estimated by mortgagee to be equal to 1/12 of the annual cost of the foibw- ing: 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 the above described premises. C-Premiums on such mortgage guaranty insurance as mortgagee shall from tame to time deem fit to carry on the ban secure3 hereby. Mortgagee shall from time to time notify mortgagor in writing of the amount due and payable hereunder and such sum shall thereupon be due and payable on the due date of the next monthly payment and each successive month thereafter until mortgagee shall ratify mortgagor of s change in such amount. Such sums shall be applied by mortgagee toward the payment of real property taxes, insurance premiums, and mortgage guaranty insurance premiums. IN WITNESS WHEREOF, the said MO GAGOR has hereunto set his hand and seal the Sig led del' presence of: STATE OF FLORIDA St L-ucie ~ COUNTY OF Before me personally appeared E • W • Hopkins ~ Sr . and DOYOt23y Hargis Hopkins his wife, to me well krrown and known to me to be the individwls described in and who executed the foregoing instrument, and acknowledged before me that they executed the same for the purposes therein expressed. And the said []ernthy~~argis Hn=nlcina wife of the said E. W. Hopkins, SI. _ upon.a separrne.atd private examination by me taken separate and apart from her said husband, acknowledged to and before me that she executed said ir4atnMOerit frpfl~/ find vplvn- tarily and without any compulsion, constraint, apprehens;on,'os fear of or from her said husband. '`~~.•• ~r ~ ~ n ~ ~-_•`!%,;r_,-~ ~o WITNESS my hand and official seal this ~ 9 ~ day of y ` `~. •a. A"_~~±+~- Notary Public in and for the Stal# df: Fforl~e aY Large_ : `;~ - ' My Commiuion expiresi ~Z. ~.:~ f ~ :.- Return Ta Ft~EO AND RECORDEQ' - o ~ - = - Fir:t federal Savings a Loan AssociaYan ST. LUCIE COUNTY F1rA. `f- ~- _ J _•~_ Of Fort Pierce. RC ~O I•+ r F • T'~ f : ~' ~~ '~ Fort Pierce, Florida r ~~~~~ ' a_ , ~ ~.• ~- ~ss Luc i~ ~ ~: s ~ This Instrument Prepared By Richard K. Kayl$ First Federal Savings b Loan Association of Fort Pierce , Florida :~V;,r r OITR:.S CLERK CIRCUIT COURT Checked By eo~a~ x.79 X1337 t .! {