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HomeMy WebLinkAbout0782 3. To plac~ and continuously kt~p on tM buildinps now or MreaftK situat~ on iaid I~nd and on ~II equipment and penonally covered by this mort9- +g~, with ali premiums therwe~ pa~d ~n full, fir~ insurance in the ~aual ~ta~dard po~Ky fo~m, ie~ a sum approved by the MOR[GAGEE, and win,~torm iniur~nc~ in tM us~sl ~tandard poliq fwm, in ~ sum +pproved by the MORTf3AGEE, i~ wch comFany or compai~las- as ~he MORTGAGEE may d'uectt +nd all firs and windstorm i~surance policies on any of wid builda+ps, ~ny intcrost therein o~ psrt tFx~eof, in the aggregate ium afaesaid ot In exctss ~hereof, iMll contain the uswl standard matga~ea d+use w such othcr clavse as the Matgsgee may requirt, mai~ir?p the Iws under said polb ciss, each• and every, payable ro said MORTGAGEE as its intereit may appear, and each and e~ery s~rch policy shall be promp?ly sss:gned and delivered to ~ny held by uid MORTGAGEE as further seturity to said mortyape debt, and, not leu than ten (10) dayi in advance of the expiration of each policy, to dr liv~r to aid MORTGAGEE a renewal thereof, topethe~ with a?xeipt fo~ the premium of such renewa~; and ~he?s ihall be no f~re o~ winds~orm inaurance placed on ~ny of said buildings, any interest ii~ara~n ot psrt thereof, unleu ie? the fwm a~d with the lou payable as afweiaid; and in tl+e event any sum of naney becoma payable undsr iuch policy o~ policies iaid MORTGAGEE ~hall have ~he opt~on to receive and apply ~he same on account of the indebted~ neu sK~red he?eby or ro{xrmit said MORTGAGORS to receive and usf it a any part thereof for other p~irposes, without thsreo~ waiving or ~mpai~- inp ~ny eq~ity, lien or right under o~ by virtue of this mortyage; and in t}?e even~ w~d MORTGAGORS shall fw any reason fait to keep the said premiies so ~ ~ruured, a fail to deliver promptly any of uid polKies of insura~ce to said MORTGAGEE, a fait prompNy to pay fu1ly a~y p~em~um therefw w in any respM fsi) b pe~form, discharge, execute, effect, complete, comply with ar+d ~bide by this covena~t, a any part hareof, said MORiGAGEE may plxe and pay fw suth i~surant~ w any psrt thereof without waivinp w affetting any option, lien, equity, w right under o~ by virtue of this Mortgags, ~nd tht J full ~mount of e~ch and ~very such paymen~ shall be immed~+telY dw a^d P+Yable and ahall bear interest irom the date thereof uniil paid at the ~ate of nine per centvm p!r annum end together witF~ iuch interest shall be secured by the lie~ of ihis mortgsge. 1. To permit, commit or suffer no waste, impairment or deteriwation of said property a sny part thereof. S. To pay ~II and singvlu the costs, charges u+d expenses, includir?g a reasonable attwney's fee and costs of abitrocts of tiNe, incurred or paid st 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 perfotm, diuharge. execvte, effett, complete, comply with and abide by each and every the stipulations, agreements, co~d~tions, and covenants o~ said promiswry nots and ihis mortgage any or eithe~, and said costs, cMrges and sxpenses, each and every, shall be immed~ately due and payable; whether or not there be notice do- mand, attempt to colkct a suit pend~ng; and the ful) amount of eacA and every such paymem shall bear imerest from the date thereof until p~id at the rate of ning per centum per snnuar, and all said costs, thuges and expenses incvrred a paid, logether w~th such interest, shall be tecured by the lien of this mortpsg~. 6. TFwt (s) in the evant of any breach of this Mortgage w default on the part of the MORTGAGOR, w(b) i~ the eveM any of said svms of money herein referrcd to be not promptly and fully paid within lhirty (30) days ~ext after the same severa~ly become due and payable, wilhout demand o~ notite, or (c) in the event each and every the sliputations, sgreements, conditions and covensnts of ss~d promissory note and Ihis mortgage any w either are ~ot ~ ~uly, promptly and fully performed, diuharged, exetuted, effected, tompleted, compiied with and abided ~iy, then in eitber ot any such event tM uid a¢ gregata wm mentaned in said promiuory note then remainin9 unpaid, with imerest acuued, and a11 moneys secured hereby, shall become due and piy- able fwthwith, o? thereafter, at 1he option of said 1NORTGAGEE, ss fully and completely as if all of the wid sums of money were wiginally st~pulaied to be paid on suth day, anything in said promiuory note or in this Mortgage to the contrary notwithstanding; and thereupw~ a thereafter at the option of said MORTGAGEE, without notice or demand, suit at Iaw or in equity, therefae o? ~hereafter begun, may be prosecuted as if all moneys secured Meteby had rttsr~red prror to its institut~on. ~ 7, Thst in the event that at the beginning of or at any time pending any wit uF+on this Mortgage, or to faeciose it, w to reform it, a to enfcres payment of any claims hereunder, said MORTGAGEE shall apply to the Coun having jurisd~aion thereof for the appointment of a Receiver, such Court shall } forthwith appoint a receiver of said. mortgaged prop~?ty ail and singular, ir?clud~ng all and singular the income, profits, issues and revenues from whatever ~ source derived, each and every of which, it being expressly u~derstood, is hereby mortgaged as if spec;fically set fwth and dexribed in the granting and i habendum clauses hereof, snd such Receiver shall have ~II the brosd and effective func~~ons and powers in snywiu entrusted by a Court to a Rcteive~, and such sppointment shall be msde by such Court as an admitted equity and a matta o( absolute right ~o said MORTGAGEE, and without reference to the edequaty w inadequacy of the value of the properry mwtgsged o~ to the soivency or insolvency of said MORTGAGOR w the defendants, and that s~ch rems, profits, iAt«ne, iu•xs and revenues shall be applied by such Receiver accord~ng to the lien or equity of said MORTGAGEE and the practice of wch CouA. . ; 8. To duty, promptty and fi:lly perfwm, dscharge, execute, effecL mmpkte, comply with and abide by each and every the stiputations, agreemenri, F conditwns and covenants in said promiuory note and this mwtgaqe set forth_ 9. That in the eveM the ownership of Ihe mortgaged premixs, w any part thereof, bccomes vested in a person other than the MORTGAGOR, ths MORTGAGEE, ib svccessors and assigns, may, without notice to the MORTGAOR, deal wi?h such suaessor w succesux in interest with reference to this mwtgage and the debt hereby secured in the same manner as with Mortgagw without it? sny way vitiating o? diuharging the Mortgagors' liability Fxrr under w upon the debt hereby secured. No sale of the premixs hereby mortgaged and no forbearance on the part of the MORTGAGEE w iri sutcesson w essigns and no extension of the time for the payment of the debt hereby secured given by the MORTGAGE~ or its succeuors w auigns, s~'tall operate to release, d~xharge, moJify thange w affett the orig~nal liabil~ty of the MORTGAGOR herein, either in whole or in part. 10. It is spec~fically agreed thst time is of the essence of this contract and that ~o waiva of any obligatton hereunder a of the obligation se- cvred hercby shall at any time thereafter be held to be a waiver of the terms hereof or of the instrument secured herby. 11. In add~tion to the fwego:~g monthly payments of princ"pa) and interest required by the promissory nore secured hereby, mortgagor covenants and agrees to pay to mortgagee wi~h each monthty payrnent an add~t'wnal sum est~mated by mortgagee to be equal to 1/12 of the annual cost of the follow- ing: - _ A-All real property ta:es levied w assessed agai~st the above described real estate. B-Premi~ms on fire a:x! windstorm insurance as herein requ~red to be carried on the improvements situate on the above described premises. ; C-Premiums on such mortgage'gwranty insurancE as mortgegee shall from time to sime deem fit to csrry on the ban secured hereby. ~ j Mwtgagee shatl from time to time ~otify mortgagor in writing of the amount due and payable hereundar and such sum shall thereupon be d~e and ; j payable on the due date of the next morsthly payment and each successive month thereaftei ur.til martgagee shall notify mortgagQR in wch ; ~ amount. Suth sums shall be applied by mortgagee toward the paymero of real property ta:es, insurance prem.urtu, and mort~,:~k~~rsnce i ~ premiums. f y'",~:,.;. ~t:i. IN WITNESS WHEREOF, the said MORTGAGOR hu Fierevnto set his hand and seal the day ear first af resaid. ••~1rr'~ QJ• ~t~ ' ~ Signed, Seal a deliver in tl~e presente of: ^C~~N ` f~_ ~'s ' . p ; RECO?DED BY: ` ~ . ~ ~ ~ n ' ~ • _ _ ~ . • • ! - - - ~ . ~ , ~ arrEST: ~ •,Jrti-:.. n s - - - - - ---~~d5~~. _ _ - - - - a~ e . ~~s4 ' . , ' _ ~ ~ ~ ~ r-~ - ~ '~~~:~1~...~~:`~``~ "~Y'c STATE OF FLORIDA C$~f -,OF ST. LUCIE ~~~~f C~OURT i HEREBY CERTIFY, That on thit=~ • o Februarv , A.D. 191~, before me personally appeared Benjamin H. Weitzman and Charles R. P. Brown ~ ~ ~ respertively as President and Seuetary , of ~ Hale Construction Corp. ~ a Florida Corporation, to me ~ Q known to be the persons described in and who executed the foregoing ''`~j~+~~t~t; apd severally acknowledged the exe- a _ ..i~. . ~ . x cution thereof to be their free act and deed as such officers for the us ~Jfterein mentioned; and that they ~ - P~~ . affixed thereto the official seal of said corporation, and the said ins#Nf~F~ertt: - is` the',a~Y'~nd deed of said corporation. _ _ . ; ~ WITNESS my hand and official seal at Fort Pierce r~ said touA and state. ! e, ~ This instrument prepared by i ~ ' J = ~ J. D. Chastain = ' ~ ~ First Fedezal Savings and Loan Notary P4.b1+4'~t; .~~te and County aforesaid. ; ~ As:ociation of Rort Pierce, Florida My Commi'ssiq~,.~ir~{;~3~'1//7/y / ; ~ ~ ~ ~ i Checked By r - ~ ~~o~ 1t~3 ~k~ . ~r~~ ~ ; - ~ ~ ~ - - - - - _ - : , . .,4~:. - - ~ : - - ~ - r_ -