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HomeMy WebLinkAbout1991 i ~ 3. To p~ace and coroinuously keep on the bu~'d~ngs now or hrreatter ~ituare on said land and on aU eqvipmrnt ar.d personally cove+ed by this mor ~ ege, w~th al) premiums thereon pa-d ~n fvt~, f~re ins~rdnce th~ usual st.,n~~:d po:~:y form, in a a~m aHpro.ed by ~he MOR~v~GEE, and w~nds~o ;nwrance in the usual arandard pe:•cy fam, m a wm approaad by ~he MORT(',AGEE, in such co~~~pa~y o~ compan~es as the MORiGAGEE m ~ dueu; ~nd all fire and w~ndstorm insu~ance po~~c~rs on any of sa~d bu~ld~ngs, any intere~t the~ei~ or part thereof, in the aggrrga~e svm alwesa~d . in e:ceu thereof, shall contain the usual sta:tdard mortga9re c,.~use or such other clause as the Morlgayea may requ:re, ma4ing the ioss u~de~ sa~d po c~es, each and every, payab~e to said A10RiGAGEE as ~rs in~err~t may apprar, and each a~d eve~y auch po:~cy shall be prompUy ass gned and deGvered ~ any hetd by said MORTGAGEE as fur~hrr secur~ty to sa~d n~o~~~.;ge debt, and, not !ess ~ha~ ten (10) days in advance of the expuat~on of each policy, to d I~~er to said MORiGAGiE a renewal thereof, loge~hrr with a rcce~pt for the prem~um oi such ~enewal; and ihrre shall be no Lre or windsto~m insuranc ptnced on any of said buildings, any inte~est there~n or parr eh~r_of, un!rss in ~he fonn a~~d wieh the loss payable as aforesaid; and in the eveM a~y sun of money becomes payabte unde~ such policy o~ poLc~es sa+J MORTGAGEE sh.~ll have ~he opt~on to rece~ve a~:d oppty ihe same on acco~~e~ ot the indrb~rd nrss secu~ed hereby w ta permit said MORTGRGORS ro rec~~ve and use it or any part therrof for o:n•~r pur..oscs, v.:~ho~t ~h~~.ni .~~~vi:~3 ;,r ~n:p„~r ~ng any equ~ty, Gen o~ r1gh~ under or by virwe ot th~s mcrry3gr, and in ~nr evenr sa.d A10RTGAGORS shall for any reason fa~l ro krep the sa~d prem~srs so ~nsured, or fail to deliver p~omptly any of sa~d poLc:as of inaurance to sa;d A10RiGAGEE, or fa~! promptiy to pay fully any pre,n~~m theret~r or in a~y ~espect tail to ptrform, d~scharqe, exec~te, effect, completr, co:i~ply wiih ar:d cb~de by th~s covenant, o~ any part h:reoi, saed MORTGAGEE may piace a~~tl p3~ ta such insurance or any part thereof without waiving w affecC.~g any op~ion, lien, equ:ty, or r~~ht under w b~ wrtue oi this Morfgage, and the - f;,il amovnt of each and e~ery such paymem shall be i~nmed~ately due and payable and sha11 bear interest from the date thereof until pa~d at the rate ot ' n~:~e per centum per annum and to~ethar ~nith sucn inter~st sha6 be secured by the lien of th~s mortgage. 4. To permit, tommit or suffer no waste, impa~rment w deter;orat~cn of said properry w any part thereof. S. To pay all and singula? the costs, charges and expe~~ses, ~nclud~ng a reasor,able attorney's fee and costs of abseracts of title, incurred or paid at ,oy time by sa~d MORIGAG:E, beca~se or in the eve~~t of the fa~lure on the part oi ~he said MORTGAGOR to duly, pron,ptly and fully perform, d~scharge. ~.acute, effec?, complefe, canply w~th and ab:de by each and every rhe sf~p~lat~or.s, agrer~~,ents, cond~hons, and covenm,~s of sa~d pran~ssory note and ~h~s ,,orrqage any or e~ther, and aa:d costs, charges and expenses, each and every, shail be immed~a~ety due and payab:e; whether o~ not there be ~once d~ r.i3R.'~, attempt to coliect a suil pend~ng; and thr fulf amount of each and evrry wch payment shall bea. imeres~ from the date thereof uroii pa~d at the ! o~ nine pe~ cemum per annurn; an~ all sa~d costs, cha~ges and rxprnses mcwred w pa~d, together wah such imerest, shall be secured by the I~en of th~i mortgsge. 6. That (a) in the event of any breach of this Mortgage or default on the part of the MORTGAGOR, or ~b) in the event any of sa:d sums of money here~n referred to be not promptly and fully paid wi~h~n ih.rty ~30J days ne.t a~r_•r the same severe':y become due and paya6te, wiihau~ demand or notice, or ~cl in the event each and every the stipu~at~ons, a9reements, con~lisions and covenants of sa,d promissory note and th~s mortgage any or either a~e nof iu'.y, pra~npdy and fulty pe~formed, d+scharged, eKecuted, eifected, completed, comp;~ed with and aC~ded 5y, then in e~~her o~ any such eveni the sa~d ag aregate sum memioned in aaid promissory note then re~naining u:ipa~d, vvith ~ntere;t ac,~ued, and a~t moneys set~red here6y, shail become d~e artd pay- ec.e forthwith, or thereafter, at the opt~on of said M02TGAGEE, as f~lly a~ comp:ete~y as if atl of ~lie sa~d w~ns of money vvere o:~ginally st~pu~ated ~ to br pakd on such day, anything in sa:d prom~ssory note or in thi: 1'dortgage ro the comrary not,+vahstand,ng; and thereupon or thereafter at the opnon of ~ ~ d MORTGAGEE, without not~ce or demand, s~it at taw or in equ~ty. the~ef~re or therraiter begun, may be prosecuted as if all moneys setured hereby n.:d matured pnor to ~ta i~st~tuhon. 7. That in the event that at the beg~nn~ng of or at any t~me pend~r.g any suit upon th;s Mort9agt, or to fweclose it, or to reiorm i~, or to enforce F arment of any claims hereunder, said I.~ORTGAGEE shail apply to the Cowt hav~ng ~unsd.ctior. thereof for the appomtment of a Receiver, suth Court shail ic:rhwith appoint n receiver of said mortgaged property at{ and singular, incfud•ng a;i and smguiar ~i~e irtcon,e, profas, issues and revenues irom whatever s_~~ce derived, each and every of KlLdFI, i~ be~ng express!y undersiood, in tere;by me~~~aged as if speuf,cally set forth and desvibed in the granting and F:,~endum ciauses hereof, and wch Receiver shaii have a~1 ihe b~oad ar.d cff Yr;~e funcr.ons and powers in anyw~se entrusted by a Court to a Receiver, and s ch appointment shall be m.ade by svch Cu„rr as an ad •,~it~d eq~ity and a~ra~rer of abseiute r~gh~ to said MORTGAGEE, and w~tho~t ?eference to the :_q~acy or inadeq~acy of the vaiue of the prope~ty morfgaqed or to the ao~vency or ;nso~vency oi sa~d M.ORiGAGOR or the defendants, and that such ?,~,r:, profits, incane, ~ssues and revenues shail be app~ied 'oy such Rece~ver ac:ord~ng ~e the lien or equity o1 said MORTGAGEE and the praclice of s~ch Co~rt. 8. io duly, promptty and fully pe+form, discharge, exewte. eFfect, comp;r~e: cc, 3piy w~th and abide by each and every the stirulations, agreements, ,:r.ditions and tove~ants m sa~d promissory note and th;s mortgage set forth. 9. That in the event the own~rship af the' mortgaged prem~ses, or anv part tnereof, 6eco:nes vested in a person other than the MORTGAGOR, the ~ ~R7GAGEE, its succezsors and ass~gns, may, wirhout not~:e to tre ~',ORiGAOR, deai w~~h wch successor or wccessor in interest w~~h reference ?o this ~ o-rgage and the debt hereby sec~red in the same manner as w~ih Fl.ortgago• wrthout in any way vit:ating or d~scharging the Mortgagori liability hero- :,r.der or upw~ the debt hereby secured. No sale of the Fren,~ses hereby mortgaged and no forbearance on the part of the I110RTGAGEE or its successors c~ ass~gns and no extension of the time for the payment oi the debt hereoy sewred g~.•en by the MORTGAGEE or its successws or assigns, ahall operate to re~ease, d~scharge, modify change or affect the orig,nal I~au:i:~y of the ti:OR(GAGOR here~n, either in whole or in part. 10~ It is specificalty agreed that lime is of the essence of rhls contracr and that na waiver of any ebltgat~on hereunder or of the obligation se- ~ o:red hereby shall at any time thereafter be he:d to be a warver of the terr.,s hereof or of the instrument secured herby. ~ j I1. In add:tio : to tha forege ng month!y payn,^nrs of ~:rinc ;~ai and inr_-.es! reqv;red by the prom sscry no!e sec~~ed hereby, mortgagar eovenanTs :~•d agrees ?e aay to m.ortgagee v~,th each menth y pay~ ~ent an ad-J,r~onai su~n ~st ~ arcJ by mortyagee to be eq~al ro 1, 12 of the ann~ai cost of the follow- E ~ ~ A-All real praperty taxas Icv~e~ cr assess=d ay~i^s: fh~ acove des:r~~ed real estate. , ~ 6--Pr~mi~ms on fire ar.d windsto:m ins~rarce as nere~n reqv~red to be carried on the ~m;;rovements s~t~ate o~ 1he above described premises. ~ C-Premi~ms on such mort~age guaranty ~r.sura:,ce as mo-tgag=e s~~all fre:r rme to t~~ne deem fit to carry on the loan secured hereby. Mortgagee shail from time to ti•ne notify mortge~or ~n w~~ting of the ac>:ou~t d~e and payable hereund:r and wth sum shafl thereupon be due and ;?,able on the due date of the ~~e,et month:r payn,ent and each successive mo~:'h thereaft~r uciil mortgagee shall not(fy mortgagor of a change in such ~ ~ ount. Such sums sha:i be app'ied by mortgagee toward the payment of real property taxes, inserance prem;~ms, and mortgage guaranty insurance t ~e~niums. ~ IN WITNESS V1H~REOF, rhe said MORTGAGOR has hereunto set his h:~nd and sea! the day and year fint aioresaiqd. ~ gned, Sealed and iv r in the presence of: ) , € ' ..r el) ! R ert S: t i~d ~ i ~ t =.3~. Ob IN MrMEM OF tAXB~ (Seaq ' L C "!_r__ ~ ~c. v~ uw ~ASS 'C' IfITAN6IELE rERSUNItI rROPERiY (Seaq - ? eta Whitf ' d ~ - TO CWIPTER 71-13~. AGTS Of 1'7L lSeal) ~ ~ s.ATEOFFIORIDA ~'~~~~~n~~~~ ' ~ u- x c~u'JTY OF St . Lucie ~ ; Robert S. Whitfield ; Befo~e me perwnally appeared and ~ _ Reta Whitfield his wife, to me well known and known to me to be ~ !h^ individuats described in and who executed the foregoing instrument, and acknowiedged before me that they executed the same tor the purposes ~ Reta Whitfield s rherein expressed. Md the said_ `e ot the said Robert S~ Whitfield upon s uparate and privats ; ~•arn~nation by me taken separate and apart from her said husband, acknowledged to and ~efore me that she exec~ted said instrument freely and volun- ~ ~3~~~y and w~thout any compulsion, constraint, apprehens,o~n, or fear of or from her said husband. ~ WITNESS my hand and of(~cial seal this__ day of r A D. 19-Z~ ~ ~ ~ \ t ~ GL - ' ~ Notary Public in ar+d (w t State of. Fbrida i+_l?c~s., ° • ~ My Commission expires: ~ ~~Q~.~~' ~ Retum To: lO J', ~ 1 1 ~ S - First federol Savings b loan Associat;on y~ . • Of For~ P frce ' " ~ ' Fa~r Pierce, Fior~~~ FILEO AMD RECORDEO " ~ ~ ET.LUCIE COUNTtr fLA. _ ROCER ?01?RAE ; ' . CIERK CIRCWT COUR t, . . ' • . - RECOR~VER~f1E9 ~ This Instrument Prepared By Richard K. Kayes ` First federal Savings 8 loan Association ~ 11 33 ~~~Z of Fort Pierce ~ Florida "'k ~ zzs9s4- ~ Checked By " s ~200 ~i9~0 ~ . :r - ~ - - - - - - - _ _ _ . _ -