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HomeMy WebLinkAbout0123 1~~~33:'~ . , THIS INDENTURE, Made the ..2~_. ~ay of f Une - ./l. D 19 70 , between . HANS W, TEWS and MARTHA W, T~WS, his wife _ of St. Lucie _ . ~a,~ti, Florida, hereinafter desiQnated as the "MORTC/1GpR," and FIRST FEDERAL S/?VINGS AND . LOAN ASSOCIATION OF INDIAN RIVER ~OUNTY, a corporation organized a~d existing under the laws of the United Srares o! Ame?i~s and hav+~g its principal plate of business in the Ciry of Vero 8each, Ind~a~ River Cou~ty, Florida, hereinafte. designaled as the "MORTGAGEE," WH~RE~I~ tF~ MORT~/1GOR +s justly ~t~d t ths MORTGAGEE in the sum of Forty-Thousand and_No/100 ~ (S 4~~ UIJU. Dollars, good a~d lawful m~~ey of the United Ststes advanted by tF+e MORTGAGEE u~to tF+e MORTCACAR, as evidenced by a certain aromissory note ot eve~? date herewith, of which the follow~??~ in word: and tigures is a true copy, tawit: S 40, ooo. oo_. No. 1Q881 Vero ?sath, Flo?ida. - - ]ure. 2, . . . . _ . . ~9 For value received 1 or we jointly or severally promise to pay to FIRST FEDERAI SAVINGS MID LOAN ASSOCINTtON OF INbI/1N RIVER COUNTY. the sum of S~Os QO- . . at its office ii? Vero Beach, Florida, with interest at the ~ate of $..5. per tent pe~ annum, in the followinQ manne~: ~ s__~~__~1a_1-~__..__ upon the fi?st of each and every month he?eatter until the full pri~cipal sum, wifh interest, has been paid; said monthly payme,~ts shall be applied firsr to tf~e payment of i~terest on the unpaid balance, and the~ to the payment of principal. This note is negotiable and if default in pavment occurs, maY be placed in the haods of an attomey ai law for coUection, in which event 1 w we agree to pay the costs of collectio~, including a reasonable attorney's fee, a~d exh Qf us, whether maker, guarantor w endorser, hereby severally waives demand, notice of non-oavment and protest of this note. /s/Han~ W.___Tews - - --tsea~j %s~IVlartha W. Tews - - -ckau , 1~ the event any payment is not made prior to the 20th day of the month when due, then this note shall bear interest at tF+e rate of 9~}~,~ from the date any such payment became due and throughout the period of such delirpuency. 5 State stamps paid and cancelled on original of this note in the amount of s~IQ. QQ__ . NOW, THEREFORE; the MORTGAGOR for the purpose of seturing the payment of tF+e said wm of s~0~_ 0~: and the ~erformance of the covenants and agreements hereinaRer expressed, and for divers good and valwble considerations, by these presents, dxs g.ant. ba?gain, sell, remise, release. convey arid tonfirm unto the MORTGAGEE its successon and assigns, all that tertsin lot, piece o~ parce) of land, situate, lying and being in the Counry of . St._ LUCle and State of Florida, desuibed as follows: ' Beginning at a point on the South boundary of Lot 1, Section 25, Township 35 South, Range 40 East where South boundary line intersects the waters of Indian River, thence run West 8 chains and 44 links more or less to the Right of Way of the Florida East Coast Railroad, thence Northerly along said railroad right of way 4 chains and 85 links more or less to what is known as Budd Place, thence North 88° S minutes East 7 chains and 66 links more or Iess to the Indian River, thence Southerly along the waters of Indian River 5 chains and 33 links more or less to point of beginning, together with riparian rights. Said lot contains 4-1/3 acres more or less excepting from the above described tract of land the North 100 feet thereof which was conveyed ; by Eugene Hartman to Mason M. Crozier on July 19, 1913 recorded in Deed Book 16, Page 309 on September ZO,. 1913. ~ Tiilf INSTRUMEhIT WA! PREP/1RED n. CHAS. E. SMITH ; . stinn~, NEA7H, s?w~r?+ a~o~waa~., ~ P_o. eox S~e ero ~ieach f together with all and singular the tenements, hereditaments a~d appurtenances thereunto belonging or in 3a1Mlto. .~a F~a. - alt rents, issues, proCeeds and profits atcruing and to atcrue from said premises, all of which are intl in the above and foregoing de- stription and habendum. TO HAVE AND TO HOLD the above described and granted premises unto the said MORTGAGEE, its wccesson and assigns forever. And the said MORTGAGOR for_~'l~lr _heirs, executors, administrators and assigns, hereby crnerants with tf~e said MORTG/1GEE, its wccts- I sors and assigns, tr~t____they__are..______ ,._______,,Wf~,y seized of the said premises in fee simple; that the same are free, dear and dis- charged from all !ie?es and encumbrances in law or in equity, a~ ~r~t _.__they___ a~ _their _~;n shall warrant and defend the title to the same to the said MORTGAGEE, its wccessors and auigns, forever against the lawful claims and demands of atl persons; PROVIDED. ALWAYS that if the MORTGAGOR shall pay unto the MORTGAGEE the promissory note hereinbefore destribed, and shall truly, prar~ptly and fully perform, discharge, execute, complete. comply with and abide by each and every the stipulations, agreements. ~ conditions and covenants of said promissory note and oi this Mortgage, then this Mortgage and the Estate hereby created shall cease and 5e nul! and voi.1 fT IS UlJDERSTOOD that the word "Mortgagor" whether in tFw singular or plural anywhere in this Mo?tgage. shall be singular if one only and shall be plural jointly and severalty if more than one, and that the word "Their" as used anywhere in thts Mortgage shatl be taken to mean "his," "her," or "its," whe?ever the context so implies or admits. Also, that wherever there is a refere.~ce in the tove~ants and agreements herein contained to any of the parties hereto, the same shall be construed to mea~ as well as the heirs, legal representatives, suc- cessors and assigns (either voluntary by att of the parties or involuntary by operation of the law) of the same and that the covenants herein contain2d shall bind and the benefirs and advantages inure to the respective heirs, legal representatives, succeswrs and assigns of the aart~es hereto. And said Mortgagors, for themselves and their heirs, legal representatives, suctessors and assigns, hereby jointly ~~d severally covenant and agree to and with the said MORTGAGEE, its successors and assigns: - 1. To pay all and singular the printipal and interest and the various and wndry wms of money payable by virtue of said promisso~y note, and this mortgage, each and every p.omptly on the days respectively the same severally becane due. . ' 2. To pay all and singutar the taxes, assessments, levies, liabilities, obllgations and incumbrances of every nature and kind now on ~ said described property, or that hereafter R+ay be imposed, wffered, placed, ievied, or assessed thereon or that hereatter may be levied w assessed upon this Mortgage, or the indebtedness secured hereby, each and every, when due and payable according to law, before they be- come delinquent, and before any interest attaches or any penalty is incurred; and insofar as any thereof is of record the same shall be promptly satisfied and discharged of record and the original officiaf docume~t (wch as, for instance, the tax receipt or the satisfaction paper officially endorsed or certified) shall be placed in the hands of said MORTGAGEE within ten days next after payment; ar+d in the event that any thereof . is not paid, satisfied and distharged, sai~ MORTGACEE may at any time pay the same or any part thereof without waiving or affecting any option, Iien, equity, w right under or by virtue of this Mortgage, and t~e full amount of each and every suth payment shall be immediatefy due and payable and shall bear interest from the date thereof until paid at the ~ate of ~O~and iL~GDii~l$ per centum per annum and together with wcF~ interest shalt be secured by the lien of this mo~tgage. el~]'1t one- half ~ 3. To place and continuously keep on the buildings ~ow or hereafter situated~on said land a~d on alt equipment and personaity cov ered by this mortgage, with all premiums thereon paid in full, fire insurance in the usual standard policy form, in a wm approved by the MORTGAGEE, and tornado insurance in the uzual standard poliq form,in a wm approved by the MORTCAGEE, in wch company or companies as the MORTWIGEE may direct; and all fire and tornado inwranCe policies on any of said builAings, any interest the.ein or part thereof, in the aggregate wm aforesaid or in excess thereof, shall contain the uwal standard mortgagee clauze or such other clause as the Mo.tgagee .may requi?e, making the loss under said policies, eath and every, payable to said MORTGAGEE as its interest may appear, and each and every such poliq shall be promptly assigned and delivered to a~d held by said MORTGAGEE as fu.ther security to said mortgage debt, and, not less than ten (10) days in advance of the expiration of each poliq, to deliver to said MORTGAGEE a renewal thereof, together with a receipt for the premium of such renewal; and there shall be no fire o? tomado insurar?ce placed on any of said build~ngs, any interest therein or part tlxreof, unless in the form and with the loss paysbk as aforesaid; and in the event any sum of money becornes payabk under wth FFIRC~251-SOO-9-69-A ' ~ BooK 185 P~~E 124 ~4~~~~~ . _ _ ~ ~ - -