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HomeMy WebLinkAbout2510 3. To place and continuously keep on tha buitdirpi now or htresfte~ ~ituate on said land and oe+ sll equipment snd perwnatty covered by this mort9- +gs, w~th all premiumi thereon paid in fvll, fi~e insunnca in the usual standaid polity form, in a sum approved by the MCRTGAGEE, and windstam ~ insuronce In the uwal seandard poticy (o.m, io a sum approved by the MQRTGAGEE, in tuch company or compan~es as the MORTGAGEE may i direct; s~d all tire and windatorm insurance polKies on any of said buitd~ngs, any intereit there+n o~ part thereof, in the agg.ega?e tum ~foresaid or i in excess lhereof, shall contain the ususl standaid matgagee cl~use a such other clausa as ihe Matgagee may requ~~e, makinp the lou under said Foli- cie~, each end eve~y, payable to said MORTGAGEE as its in~erest may sppear, and each and every such pol~cy shalt be promptly as~:gned and detivprcd to any hetd by uid MORTGAGEf as fu~the~ security to sa~d matgags debi, ~nd, not less than ten (10) days in advance of ~he expiration of each policy, to da ~iver to said MORTGAGEE a renewal thereof, toge~her with a receipt for the prmnium oi such ~enewal; and there shall be no i~re or windatorm insurante placed on any of said buildings, any imere?t the~e~n or put ?hereof, untess in the farm and wi~h the loss payable as afo~esaid; and in the evenl any tum of money bectsmes payable under such poliq o~ policies said MORTGAGEE ~hall have the opta~ to reteive a~d apply tFx same a? accounl of the indebted- ~ess secured hereby w to permit said MORTGAGORS t0 reteive and use it or any part thereof for otner purposes, ~o~~houf ih_r~o~ waivi~ig or ~mpair- inq any equtty, tien or right under o~ by vinue of tl~;s mo::gage; and in the even/ sa~d MORTGAGORS ahall fw a~y reason fail to keep the said pramisrs so inwred, w fail to deliver promptly any of said policies of i~surance to said MORTGAGEE, or fail promptly Io pay fulty any premium therefa a in a~y rsspect fail to periwm, d~scharge, execute, effect, comple~e, comP1Y wirh and eb~de by this covenant, a sny pa,t hrrrof, said MORTGAGEE may plsce and pay for such ;ns~rante w any part ther~of w;thout waiving w affecting any optio~, lien, eqvity, or right under a by virlue of thi: Mortgage, and thc full amou~t of each and every such payment shall be immcdiataly due and payable and shall i~ear interesf (rom the date thereof until paid at ths rate o! nine prr centum per annum and to~ethea w;~h such interest shall be secured by the lien of this mortgage. ' 1. To permit, commit w suffer no waste, impairment w detcr'wration of said proµrty or sny part thereof. ~ 5. To pay all and singufar the costs, charges and expenxs, inciudi~g a reasonable at~aney's fee and costa of absvacts of title, incurred or psid N a~y time by said MORiGAGfE, because or in the event of the fa~(ure on 1Fx part of the said MORTGAGOR to du~y, promprly a:~d fully per(orm, d~xhaage ~ eaetute, elfec~, comptere, comply wnh and ab;de by each snd every the st~pulatwns, agreementa, conditi«u, and covenants of said promissory note and this mortgage any or e~~her, and sa~d costs, charges and expenses, esch and every, sha11 be immed~ately due and payabte; whether a not there be no~ice ds mand, attempt to cottect or suit pend~ng; and the full amount of each and every such payment shall bea. interest from the date thereof until paid af the rate oi nine per crntum per annu:n; and all said costs, charges and expenses incurred or paid, together w~~h su:h intere~t, shall be secured by the lien of this mortgsge. 6. Thaf (a) in the eve~t of any breacF. of this Mortgage or deFault on the part of the MORTGAGOR, or jb) ir. the evenl any of said sums of money herein referred ta be not promptty and fully paid within thirty (30) days next after the sarrK severally become due and payable, without demand or noti~e, t or (c) in the event each and every the stipulat+ons, agretrrKnts, co~ditions and covenants of said promissory note and th:s rtartgage any w either are rrof f ~u! , t! and full rformed, d~xhar ~ Y P?~+P Y Y Pe ged, executed, effected, completed, corr.pGed with and abided Sy, ~hen i~ e~ther w any such eveM the ~aid ag gregate sum mentioned in said promiuory note then remaining unpa~d, with interest atcrutd, and all moneys secured hereby, shall become due and pay- able forthwith, or thereafter, at ~he opfion of sa~d MORTGAGEE, as (v1ly ard completely aa if all of the said suma of money were orginally sGpu~ated ~ to he paid on such day, anything in said p~om~ssory note or in this lNortgage ta the contrary ~otwithstanding; and thereupon w thereafte? at the option of said MORTGAGEE, without notice or demand, s~it at law w in equity, thereEwe w thereafte? begvn, may be prosecuted as if all moneys secured hereby had matured pnw lo ~ts institulion. 7. That in the event that at the beginning of w ~t any time pe~ding a~y suit upw~ this Mortgage, or to foreclose it, or to reform it, w to enfwce s payment of any claims hereunder, wid MORTGAGEE shall apply to the Court having jurisdiction thereof fot the appoinimenl of a Receive~, s~ch Court shall ~ Forthwith appo~nt a aeceivrr of said mortgaged prootAy all and singvlar, includ,ng all and si~gular the income, prolits, issuea and revenues from whatever source derived, each and every of wh~ch, it being expressly unde.stood, is hereby mortgaged as if spec~fically set forth and described in the granting and habendum c9auses hereof, and such Receiver shalt have ~tl the broad arrd effecrive funcnons and powe~s in anywise entrusted by a Court to a Receiver, and such appoi~tment shall be made by such Cowt as an admittpd equity and a matter of absolute right to uid MORTGAGEE, and withoul refererxe to the edequacy or inadequacy o( the value of the property mortgaged or to tFr_ solvency or i~soiventy of said MORiGAGOR p the defendants, and that such ren~s, profirs, :rxomr, issues and revenues shall be applied by such Receiver according to the tien w equity ot said MORTGAGEE and she practice of such Court. 8. To du!y, promptly and fully perform, discharge, execute, effect, complete, tomply wilh a~d ab~de by each and every the stipulations, agreements, condit'ans and covenants in sa~d promissory nore and this mortyage set fwth. " 9. That in the event the ownership of the mortgaged premises, or any part thereof, betornes vested i~ a person otF~er than tMe MORTGAGOR, the MORTGAGEE, its successws and assigns, may, wi~houl ne;;ce to the MORTGAOR, deal with such successor or wccessor in interest wi~h refere~nce to this morrgage and rhe deht hereby secu:ed in the sarrte man~r as with Mortgagor w;thout in sny way vit;ati~g a dixhargirg the Mortgagors' tiability hera u~der or upon the debt hereby secured. NO sale of the premixs hereby mortgaged and no fwbearance on the part of the MORiGAGEE o~ its sutcesson o? assigns and no exrension of the ~;me for the payment of the debt hereby secured given by Ihe MORTGAGf' or its successws or auigm, shall operate to release, d~scharge, modify change or affect the original lia6ility of the MORTGAGOR hcrein, either in whole w in part. 10. It is specifically agreed that time is of the essence of this contract and that no waiver of any obtigation hereunde? w of the Ob~iaaf'ap se- cured hereby shall at any time thereafter be held to be s waiver of the terms hereof w of the instrument secured herby. 11. In acJd.tioa to the forego:ng monthly paymants of princ'pal and interest required by the prom[ssory note secured he~eby, rtiti?~ap~fl~~Ar~j~j~ and agrees to pay ro mortgagee with each monthly paymeM an addirional sum estimated by mortgagee to be equal to 1 j 12 of the anqual ~p;?1~~~t~tt ing: ' %~s . - "~srq - A-All real property taxes levied w auessed against the above described reat estate. ~'-+''._'.s~.- ~ B-Prem~ums on iire and windstorm insu~ance as herei~ requ;red to be carried on the improvements situate on the above deunbed:pr~~y~' i d~.' - C-Premiums on iuch mortgage guaranty insurar~ce as mortgagee shall from t~me to time deem fit to carry on the ban seant~ ~er~bp' C'~ Mortgagee shait rom fime to time notify mortgago~ in writing of the amount due and payable hereunder and such sum. shall t~iy~ ~~d~ payable on the due date of the next monthly payrreenf and each successive month thereafter urtil mortgagee shall notify mortgagq if~,~iaifpe'~?~y~t amount_ Such sums sha!1 be applied by mwtgagee toward r p~y~ es, insurance prem:ums, and mortgage.~}j i, •iM0` premiums. _ ~~~A~ R~LVRUGv S i C C~N~Y~FL f+~ ~ t t's tN WITNE:~ Y~HERcOF, rhe said MORTGAGOR has ?+e~~,y~~u, ~ihe' day a year firsl afwesa;d. ~~1{11~?~111N• _ 1 ~9~ed. Sea and d v ed in the presence of: ~ ~ HAR S STRUCTIO Rl1?ION~ ~,~11 By , _ ~ !t1 ~ ~ a2erie V. Harris, Vice 7~ Z7 ~;A 1~• 34 esi en ~ - - - ~S`c~c,~ Attest - ~ ~o ~ :?0'~~~~t r'"OITf~:,$ - Ya11~G~~i1-A=-l~,L~is? ]CEt~?i.~t--- GL~RK CIr~CUtT COURT' STATE OF FLORIDA COUNTY OF ST. IUCIE I HEREBY CERTIFY, That on this ~ day of ~'!ay A.D. 19 Q . ? . before me personaNy appeared Valerie y, HazYis and Franklin Harris ~ respectively Vice president and Secretary , of ~ HARRZS CONSTRUCTION CORPOR~ITI~N , a Fl~rida Corporation, to me ~ known to be the persons described in and wha executed the foregoing instrument, and severally acknowledgec! the exe- ~ cution thereof to be their free act and deed as such officers for the uses and pursoses therein mentioned; snd that they ~ affixed thereto the official seal of said corporation, and the said instrument is the ad and deed of said corporation. ~ WITNESS my hand and officiat seal at Fort Pierce , sa~d county a state. ~ . . ~ ~ ~ This instrumen~ prepared by . ` ~ ~ John i;?. Col l in s r '~~~Y 'F'~b~+w .in nd for State and County aforesaid. . ~1_ tor~nis3ibt~: x ues: ,P % ' FiYSt,Federal S-~ving and Lo-n ~t Y . P f~ C~ /97/ nssoci~tion ~f ~ort ~ierce, ~Iorida ~ O ~ J ' - : ~r n _ o~ rtorda st lug~ ( ~ ~Y c,~,~,,«w, ~x~n s. ~n ' Checked By . . .S be+•a d ~rrN. f~ A ~..irMcl~ _ i ~:i~~~iti~~-` . , BO K~84 ~~2~0~ . - . ~ ~ ~ . - - . , ~ _ _ _ ~ - - _ ~r.