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~IIIt ~`0 ~ eti. ,anu. togNh.~ wu~i tfu t.w.n~.nb~ h.hdi~orn.na ond opnt+~•-
~nnn. t1~«wo 6.lonptr~p. ond e~. nn1i. l~,w. ond pro%ia tl?.~.oJ. w~eo t1~: nwripap... tn 1« ,lMpb.
- ~ eh. ~ore~ oo~..~nna Wtel~ el?. ~+o.te~.e el~ae th. Moreoo~o. tnd./.ast6ly sds.d oJ ,atd
~and i1t fN 1~111p~: thal t~ n~ortgoQor 1~oa good e~91~t nnd ~au~jul aufhwify to c~onwy aotd land aa a~o~+~-
.o~d: el?~ il~. moregoao. wtll ,uc~ /wth.. a..ww~s eo p..{e~t ih. ,t~4 er~b ~o .atd land in ~k.
~ore~oo.. w~r ~o~bly 6...qu~.d: tkat ~k. moreo~or hs~6y /ulty w~+~na eh. ei~b to ,atd la.~d
and wt1l cl~E~~d tl~ sa~ oQain~t !he lawjul clnims o~ aU pe?sona u~honuwvK: and ~Rae .~td to,~d t, /ro~
and cbar o~ aU ~ncumb?ance+
Full power and authority is granted by this mortgage deed to the mortgag e
to execute and deliver partial releases from the lien and operation of the mortga
and to execute and deliver a satisfaction of this mortgage so that any person may
accept a partisl release or satisfaction froua said mortgagee without being
obliged to see to the applicati,on of pe~yments hereunder as provided- in §689. 071
of the Florida Statutes; to join in the dedication of any plat of a re_-subdivision
of the mortgaged premises; to enter into agreementa for modification of this
mortgage, including any agreement revising the provision for partial rebeases,
and to atherwise act as if their interests in this mortgage and the premises
hereby~conveyed were held free and clear of ar~y trust. _
t1~at if satd mortgagor ~I?aU pciy unto satd rnortgagee the certain promis-
ao~ry nob ~w~hhr t~e1~IwQ7 ~opi~ a f~i~i~. b-~rit:
~60, 540. 00 Fort Pierc~, Florida, November ~ S , 19 70 ~
FOR VALUE RECEIVED, Conemaugh, Inc. , a corporation organized and
existing under the laws of fhe State of Florida, promises to pay, without defalcation. :
to the order of GERALD S. GILBERT and DAVID A. McNAMEE, as Trustees under -
the provisions of certain unrecorded Trust Agreements known as~the Herman F.
Boyer Trtist "D" and-th~ Herman F. Boyer Trust "E", both dated July 9, 1969,
the sum of Sixty Thousand Five Nundred Forty and 00/ 100 Dollars, at 4316
~Iamilton Street. Hvattsville. Marvland , with interest from the date hereof
at the rate of 7g6 per annum, in ten (10) equal semi-annual principal installments
of $6, 054. 00 each, together with interest on the unpaid principal balance, beginning
~ six (6~ months after the date hereof.
Notwithstanding anything herein to the contrary, in the event the maker dces
~ not cause a minimum of 20, 000 cubic yards of fill to be placed upon the lands
which are security for payment of this promissory note, which note evidences the ~
balance of the purchase price paid for said lands by maker, and which lands are
more particularly described in a certain mortgage of even date herewith from
maker to payees, within six (6) months from the date hereof, then.in such event
the initial semi-annual installment of principal due hereunder shall be Fifteen
Thousand an~d 00/ 100 Dollars -(~15, 000. 00) instead of a6, 054. 00, and the overage
shall be credited to the last maturing installments due hereunder.
If default ig made in the payment of any installment of principal or interest
when due, and such default shall continue for a period of thirty (30) days, then at
the option of the holder, and without any other notice, all the remaining installments
shall be due and payable at once. Privilege is given to pay interest or two or more •
installments of principal at any time, but this shall not extend the time of maturity
~ of any subsequent installment of interest or principal. Neither forebearance, nor
acceptance by the holder hereof after any default as heretofore provided in any
payment hereon shall be deemed an extension.
Each maker, surety and endorser hereof, jointly and severally, waives
demand, presentment, protest and notice of protest for non-payment, and further .
agrees to any extension of time or payment, either before or after maturity,
without notice; and to pay all coets of collectioa, including a reasonable attorney's
fee, in the event of any default hereunder, and hereby severally. waives all benefit
of homestead exemption under the constitution and laws of the State of Florida or
any other state of the United States, as against this obligati~on or any eYtension pr
renewal be reof. ~
~1~ CONEMAUGH, INC.
.
,
B~r s ~irA v. S~ J'
Wyn~ U. Sines, Jr.. •ident
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