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HomeMy WebLinkAbout2585 20~9:0 ~ . TNIS INDENTURE, Macie the 7th Oay of April , A. O 19 71 , between t-iUGti C. WriEL.CHEL, Ji-, ancl MARTHA I.. WHELCHEL, his wife of lndia~ River County, Flwida, hereinafter deiiQ~ated as tF,~ "MORTGNC~OR " arr! FIRST FE~ER/1L SAVINGS AND LO/1N /1SSOCIATION OF INDIAN RIVER COUNTY, s corpo~atio~ o~ganited a~d •xistine un~i the 1{~q~ Un~ted Srates of /lmcrita and hav~ng ~ts princ~pal plate oi busineu in tho C~ty of Vero Beath, Ind~an R~vrr County, Floii~; re~naftM ed as the "MORTGAGEE." WHEREAS the MORTG/1GOR ~s ust(y 'ndq~~ ~he MORTGAGEE in ~he sum of F~ifteen Thousand and No/100 - - - - - - - - - - - - - - - - - - - ' - - ~ ls t tIW. ) Dol lars, good and lawful m~ney of the United Statcs advanced by tho MORTGAGEE unto the MORTGACAR, as evidenced by a certain promissory note of even date herew~th, of which the follow~nQ in worAt and I~eures ~s s true copy, to•wit: : l s, ~ N 1112'7 Ve?o Beach, Ftori.is, ~1pri1 7~ ~971 For value receivcd I or we jointly or severalty prom~se to pay to FIRST FEOERAI SAVINGS AND LOAN ASSOCIATION OF INOIAN RIVER COUNTY, the sum of S 15~ QQ , at its o(fice in Vero t3each, Flonda, with interest at the ?ate of 7• 5 per cent per annum, in the foll~win~ manne~: s 1~9a V4?_ upon the fetSt Of eath and every monfh hereaher until fhe full pnncipal sum, wifh interesf, has becn paid; said ma~thfy payrt?cnts shalt be appGed firsl to the payment of interest on the unpa~d bala~ce, and then ro the payment of printipal. This note is ~egotiable and if default in payme~t occurs, msy be placed i~ the hands of an attorney at law for collection, in ovhich event 1 ur we agree to pay the costs of collection, including a reasonahte attorney's fee, and each of us, whether maker, guarantor or ende+ser, hereby severally waives dem~nd, notice of n~n•oavment and protest of th~s note. /s/Hugh C. Whelchel, Jr. «a~~ /s/Martha_L,._ Whelchel _«a„ tn the event any payment is not rrwde prior to the 20th day of the mo~th when due, then this note shall bear interest at the rate of from the date any such payment became due and throughout the per~od of such definquency. , State stamps paid and cancelled on original of this note in Ihe amount of 522. ~ . NOW, THEREFORE, the MORT(',AGOR for the purpose of xturing the payment of the said wm of s 1.5, and the Nerformante of the covenants and agreements he?einafter expressed, and for d~vers g~.i and valuable considerstions, by these p~esents, does gra~t, bargain, sell, remise, release, convey and confi?m un•~~ '~"^~T'~ "-!;FF its successors and assigns, sll that tertain lot, piete o~ parcel of land, situare, lying and being in the County of St. i~UCle and State of Florida, dexribed as fotlows: t3eginning at the Northeast corner of the SE 1/4 of the N E1 of the N E 1/4 of Section 25, Township 35 South, Range 39 East, and run South 210 feet; thence West 660 feet, more or less to the West line of the said SE 1/4 of the NE1/4 of the NE1/4; thence North 210 feet, thence East 660 feet to the point of beginning, containing 3. 1 acres, more or less. REr~~vfD S-3~_ m~ fN PAYMFlR OF TAXES a~~F ~x cuss iNt~c~etF ~sorw. w~Rnt, P.. ;.'~'1 i 30 Cf1APTER 2012~. ACTS Of 1941. ` ~f ~ /J~'fJ1S. peri C'aqt~ Cou~t ~ :~..'?'•t f~r CANIEL N. KN~L~.S~ JR ~ THIS INSTRUMENT WA$ PREPARED ~t ~W T~ Ca~~ Y eY Jerome D. Quinn SM17H, FIEATH, SAtITN 6 O'HAIRE uj ~ C+ P. O. BOX 518 ~TM VERO BEACH,fLORIDA 32960 ~ ~ i ~ together with alf and singular the tenements, hereditamenrs and appu~tenantes thereunto betonging or in snywise apperta~ning thereto, and ~ all rents, issuei, proteeds and prof~ts accrwng and to atcrue from Said premises. all of which a?e intluded in ihe above and foregang de- ; xriphon and habendum. E TO HAVE AND TO HOLD the above destribed and granted premises unto the said MORTGAGEE, its successors and assigns forever. Q ~ Md the said MORTGACAR fo. their,1e;,s, executors, administ.ato.s and assigns, hereby covenants with the said MORTG/1GEE, its succes- # the are a sors and assigns, that _ x- lawfully seized of the said premises in fee simple; that the same are free, ctear a~+d d~s- ~ ~ charged (rom all liens and encumbrantes in law or in equity, and that the}~. vviU and their shall warrant and s defend the title to the same to the said MORTGAGEE, its successws and auigns, forever against the lawful tlaims and demands of sll perso~s; PROVIDE~. ALWAYS that if the MORTGAGOR shall pay unto the MORTGAGEE the promissory ~ote here~nbefore described, and ~ shalt truly, pranptly and fulty perform, discharge, execute, complete, comply w~th and abide by each and every tF+e st~pulations, agreements. cand~t~ons and covenants of sald promissory note and of ih~s Mortgage, then this Mortgage and the Estate hereby created shall cease and ve ~ null and vrn~l IT IS U~~DERSTOOD that the word "Mortgagor" whether in tF?e singular o~ plural anywhe.e in fhis Mo.tgage. shall be singular if one ~ cnty a~d shall be plurat jointty end se~erally ~f more than one, and that tne word "Thei." as used anywhere in th~s Mo~tgage shall be takcn ~ 'o mean "fi~s," "her," or "its." wherever the con:ext so implies ar admits. A~so, that wherever there is a refere:~Ce in the tovenants and ~ agreements herein tontained to any of the parties hereto, the same shall be ta+srrued ro mean as welt as the heirs, legal representatives, wc- ; cestors and ass~gns le~ther vo{untary by act of the parties or involun:ary by operat~cn of the law) of the same and that tne covenants he~ein - c.nra~ned s'+a'.1 t~nd and the ~en~f,rs and ad~.antages inure to the respect~ve he~rs, legal representat~ves, successors and asugns of tF+e ~ ~art~es hereto. ;t /1nd sa~d f.lortgagors, for ~hemselves and their hefrs, legal representat~ves, succeszors and assigns, hereby ~omNy and seve.a~fy c~ve~ant ~ a~d agree to and w~th the sa~d MORTGAGEE. ~ts successors and assigns: ? 1. To p~y all and singular ehe pnnc~pal and interest and the various and wndry wms of matiey payable by virtus of said prom~ss~ry = nore, and th~s mcrtgage, each and every promptly a~ fhe days respechvely the same severaliy become due. = 2. To pay all and singular the taxes, assessme~ts, levies, lia5ilities, obligations snd i~cumbrances of every nature and kind now on sa~d dexribed preperty, or that he.ea+ter may be ~mpcsed, wffered, placed, lev~ed, w assessed thereon or that hereatter may be le.~~ed ar ; : asses~ed upon this Mortgage, or the ~nde~tedness secured hereby, each and every, when due and pavable atcording to 1aw, before they be- c~me dehn~uent, and 5efore anv ~nterest atraches or a~y pe~aity is incurred; and msofa? as any thereof is of •eco.d the same shall be prompNy zahsf~ed and d,scha~ged ct record and the o+ig~nal offiual document fsuch as, for ~nstance, the fax reteipt or the sahsfaction pape~ offitully e~dorsed or cert~fied; sha11 be placed in the hands of said MORTGA~~E w~thm ten days next after payme~t; and ~n the event that any thereof ~s ~r~t pa~d, sat~sfied and d~scharged, sa~d MORT,~',AGEE may at any time pay the same or any part thereof w~thout waiving or aftecting sny ~ ops~on, hen, eqwty, o. .ight under or by virtue of this Mortgage, and the full amount of each and every wch payment shall be ~mmed~ately _ d,,e and paya5~e a~d s~aH t,car Interest from the date thereof unti~ paid at the nte of]Q[and 31~~p~~ centum per annum and together = w~!h such interest shall be ~etured by the ~ie~ of this mortgage. SeVE'Tl dl 3 To plsce and ccnrmuously keep on the buildmgs now or herea(ter situated on said land and un all eqwpment and pe~s~a!ty cov- ered by thiz martgage, w~'h a~! p•emiums thereo~ pa~d m full, fire inswante in the usual standard ~.I~cv Form, m a sum approved by th~ MORTG/1GFE, and tornad.~ ~ns~rar,ce ~n the uswl s!andard po~icy form,in a sum approved by the MORTGAGEE, in such compa^Y or compan,es as tht MORTG/1GEE may d~rett; and all fire and tornado inw?anCe policies on any of sa~d bui{d~rtgs, any mterest theretn or p~rf thereof, in the aggregate sum afo.esa~d or in excess thereof, shall contain the uwal s~andard mortgagee ctause or such other clause ss the Mortgagee may ~ec~une, mski~g the toss under sa~d pol~cies, each snd every, paysble to said MORTGAGEE as ~ts int~.est may appear, and each and evary such policy sh.~ll be promptly ass~Qned and delivered to arrr! F+eld by sa~d MORTGACEE as fu~ther secunry ro said mortgage debt, ~nd, not ~ ~ess than ten f 10) days in advance o1 ~he expiration of exh polity, to dehver to ssid MORTG/1GEE s renewsl thereof, together with a reteipt t fW tt,e prcm~um of wch renewal; and there shall be no f~re or torn3do insurance placed cH+ any of sa~~ bw~d~nqs any ~nteres~ theran or ~ - pa~t thereof, unless in the fo~m snd with the loss payabte as sioressid; and in tht eve~t any sum of maney becomes payable under wch '_r; ' c~~11t-2~:-SOO-9-6P-A - . , t _ ' • + _ - 1 a~K19 - ~ ° R 1 2580 . . ; { ~ ~r_e_v . _ _ ~