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HomeMy WebLinkAbout1079 3. To pface and co~rinuously keep on ihe build~ngs now or hereaf~er ~ituste on said I~nd and on all equip~nent and personally covered by this mort9- •gs, with aU premiums thereo~ pa~d in full, fire insurance in the usuat standard pot~cy form, in a sum approved by the MOR(GAGEE, and windstam insurance in the usual ~tandard pol~cy form, in s sum approved by the MORTGAGEE, in iuch company or canpan~es ai the MORTGAGEE may direct; and all fire and w~ndstorm insurance po~~ues o~ any oi said buiid~npi, sny interes~ therein or pa~t thereof, in 1he aggregate ~um aiaesaid o~ tn excesf thereof, ihall con?ain the usval standard mortgagee clause or suth o~her tlause as Ihe Mortgagee m~y requ~re, making the Iou under sa~d poli- c~es, esch and every, payabte to said MORTGAGEE as its interest may ~ppear, and each a~d every such po~~cy shall be promptly a~s gned a~d delivered to any he~d by sa~d MORTGAGEE as iurther secuiity to said mortgage debt, and, no~ less ~han ten l10) days in adva~ce of ihe expiration of each pol~cy, ~o de- liver fo u~d MORiGAGEE a ~enewal thereof, ~oge~he~ with a rece~pt fw ~he premium of such renewal; and there shall be no f~re or windatorm insurance plated on any of said buildings, any interest therein a part therrof, unless in the form and with the loss payable as a(uessid; and in the evenl any tum of money becomes payabte unde~ such policy a pol~cies taid MORTGAGEE shall have the opt~un to receive and apply the same on accounl of the indebted- aess secured hereby w to pcrm~t uid MORTGAGORS to reteive and use i? w any part thereol fw oti~cr pwposes, w~~ho~f ~h_reb~ waivi~:g or ~n,pair ing any eqvity, iien w right under w by virtue of Ihis matgage; and in the event sa~d MORTGAGORS shall fw any reason fail to keep the said p~emises so insu~ed, or fail b detiver p~omptly any of said policies of insurance to said MORTGAGEE, or fail promptly to pay futly any pre~nivm therefo~ w in any respect fail to pcrfwm, discharge, execute, effect, complete, comply wi~h and abide by this cove~ant, a any part hereof, said MORTGAGEE may place a~d pay fa such insurance or any parl thereof without w+iving a affecting any option, lian, equity, or right under ot by virtue af this Mwtgage, and tht 1u11 amount of each a~d every such payment shall be immed~ately d~e and payab!e and shall bear interest from the date thereo( until paid at the rate of nine per centum per annum and together with such intereat shali be secured by tha lien of thia mortgage. ~ 1. To permit, commit or suffer no waate, impairmenf a deterioration of said proptrty o~ any part thereof. 5. To pay all and singulsr the costa, chargei and expenxs, including a reasonable attwney's fee and costs of abstrads of title, incurred or paid at any tim.e by said MORTGAGEE, because or in the cvent of the failure on the part of the said MORTGAGOR ta duly, promptly and fully periorm, d~scharge, exaute, efiect, complete, comply w~th and ab;de by each and every the st~pulat~ons, agreeme~ts, conditions, and covenants of sa~d promiswry note and this mortgage any w e~iher, and said costs, charges snd expenses, each and every, shall be immediate!y due and payable; wheiher o~ not there br notice dr mand, attempt to coltect a suit pending; a~d the ful) amount of each and every such payment shall bear interest (rom the date thereof until pa+d at the rate o! r.ine per centum per annum; and all said costs, charges and exprnses inturred a paid, together w~th such interest, shall be setured by the lie~ of this m~rtgage. 6. That (a) in the event of any breach of this AMrtgage w defa~lt o~ tM part of the MQRTGAGOR, or ~b) in the event any of sa:d sums of money herein referred to be not prompfiy and fully paid ~vithin th~rty (30) days next after the same severalty become due and payable, wi~hout demand or notite, or (c) in the event each and every the stipulations, agreements, conditions and covenants of :a;d promissory note and th~s mortgage any w either are not ~uly, promptly a~d fully performed, d~xharged, rxecu~ed, effeded, compieted, complied v~r~ih and ab~ded by, then in e~ther w any such event the said ag gregate sum mentioned in said p~om~sswy note then rema7ning unpa~d, with interest accrued, and a11 moneys secured hereby, shall become due and pay- able forthw~th, o~ thereaFter, af the opr~on of sa~d MORTGAGEE, as fully and cor.~ptetely as ii all of the sa~d sums of money were aiginelly stiRulated to be pa~d on soc~~ day, anything in sa:d promissory rate or in this Mutgage to the contra~y notwithstanding; and thereupon or thereafta at the option of said MORTGAGEE, without notite w demared, wit at law w in equity, there(ore or ihereaiter begun, may be prosecuted as if sll moneys secured hereby had matured pnor to ~ts inslitutio~. 7. That in the event that at the beginning of or at any time pending any suit upon this Mwtgage, or to ioredose it, or to refwm it, or to enforce payment of any claims hereunder, said MORTGAGEE shall apply to the Court havin9 jurisd~ction thereot for the appointment of s Receiver, such Court shall fwthwith appoin~ a receiver of said mortgaged prooerty all and singular, includ~ng all and s~ngula~ the income, profiu, issues and revenues i?om whatever source derived, each and every of which, it be~ng exp~essly understood, is hereby mortgaged as if spec~flcai~y set fwth and desuibed in the granti~g and habendum clauses hereoi, and svch Receiver shall have all the broad and effecrive funce.ons and powers in anywise entrusted by a Cou.t to a Reteiver, and ~ such appointme~~t shall be inade by such Court as an adtnitted eqvity and a matte? of absolute rig~t to said MORTGAGEE, a~d without reference to the adeyuacy w inadeq~acy of the value oi the property mortgaqed or to the sotvency or inso~vency ot sa~d MORTGAGOR a the defendants, and that such renfs, prot~ts, income, issues and revenues shall be applie~ by such Receiver acco~ding to the lien w equity of said MORTGAGEE and the practice of such Courf. 8. To duly, pror.iptly and fully p~rform, dixharge, execute, effed, complete, comply wi~h and abide by each and every the stipulations, agreements, conditiorts and covenrnrs in said promissory note and Ihis mortgage set fwth. 9. That in she event the ownership of the mortgaged premises, or any part thereof, becomes vested in a per:on other than the MORTGAGOR, the h10RTGAGEE, its successors and assigns, may, without notice to the MORTGAOR, deal with such s~ccessor or successor in interest with reference to this mortgage and the debt hereby secured in the same manner as with Mortgagw without in any way vit~ating a d~uharging the Mortgagors' liability herc under or upon the debt hereby secured. No u!e of the prem~ses hereby mortgaged and no forbearance on the part of the MORiGAGEE or its successors or assigns and no e:tens~on of the time fa the payment of the debt hereby secured given by the MORTGAGE'_ or its successors or assigns, shall operate to release, d~scharge, modify change or affect the original liability of the MORTGAGOR herein, either in whole or in part. 10. It is speufically agreed that time is of the es:ence of this contract and that no waiver of any obl~gation hereunder or of the obligation sr cvred hereby shali at any time thereafser be held to be a waiver of the terms hereot or of the instrument secured herby_ 11. In add.tio? to the forego'ng monthly paymsnts oi prir.c pal and interest requ'ued by the prom;sscry no!e secured hereby, mortgagor covenaMs ' and agr~¢s ro pay to mortgagee with each month!y payrnent an add,rional sum estimated by mortgagee to be equal to 1,'12 of the annual cost of ihe foflow- ~ng. i ~ A-AII real property ta:rs levied or assessed against thc above desc~ibed real estate. j B-Pren:~u+ns on iire and windstorm insurar.ce as here~n requ~red to be carried on the improvements situate on the above described premises. C-Premiums o~ such morrgage 9~aranty insvrance as mortgagee shall from t;me to time deem fit to carry on the loan secured hereby_ hlwtgagee sha~l from sime to time notify mortgagor in writ~ng of the amount due and payable 6ereundrr and such sum shalt thereupon be due and Fayable on the due date of tne next monthfy payment and eacn successive month thereafter until mortgagee shall notify mortgaaor of a change in such ~ j amount. Such surns sFT:I be apptied by mortgagee toward the payment of real property taxes, insurance prem:ums, and mortgage guaranty ins~rance ~ premiums. 3 IN Y~ITNES~ `JJHERiOF, rhe said MORTGAGOR has herevnto set his hand and seal the day and year first aforewid. ~ Sig a ed d d vered in the presence of: ` aq } s ~ _ - ah . ~ a~ 9 SfATE OF FLORIDA ~ St. Lucie ~ couNrY oF Befwe me personally appeared 2•taUZ1Ce R Smlth snd Shirley E. SIIIlt~l his wife, to me well known and known to me fo bs the individuals described in and who executed the foregoing i~strumer?t, snd ackrawledged befwe me that they exetuted the same for the purposts ~ ~ therein expressed. And the said Shirley SIDlt}] f ~ :•laurice R Smith ~.re s~d rv,r. ~ wife of the said • ~P~+ ~ KP~ P~ examination by me taken separate and apart ftom her seid husband, ackrawledged to and befae me that she executed said instrument .fretly and volw~- ~ ~ tarily and without any compulsan, constraint, apprehension, w fear of or from her said husband. , ~ ~'L~ da of December • ~-,~;,~;~~9_6g, ` ~ WfTNESS my hand and official seal this y ~ _ ) (~/1 - ' = Notary bl`~~~ of'Florif}~ af lar~,I ~ My Commisiwn expires: ' ; - Retum To: ' ~ ~ . - , First Federal Savings 3 loan Association FiLED AND RECORDEO _ _ ST, IUCIE COUNTY, FIA: - - - Of fort Pierce. ~ Fort Pierce, Flwida rtr'' CQ~!~ V~RIFIED - " : 186?65 ' , . ~ c9 n Au : 0 i~- ~r This Instrument Prepared By .Tohn W. Cvll i EC Z W'I 9 First Federal Savings & loan Association of Fart Pierce , Florida ~ ; i'017RAS ~ ; ~ Checked By ~ CLERK CIRCUIT COURT; ~ t ~ $ouK~81 ~~078 ~ . . ~ - ~ - - ~ ~ ~ . . . . _ _ . _ . . . ~.~-r~