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HomeMy WebLinkAbout2226 . . ~ To place and continvously keep on the bui'din9~ now or hereaf~rr a~t~ate on sa~d land and on alt equipment and pe~sonally covered by tAis ma sgs, with •II premiums thr~eon pa:d m futl, lue ~nsuronce in thc uwal s~endard po:~cy form, in a sum eypro~ed by Ihe MOR~GAGEE, and windsto :nsuronte in the usual standa~d poi.cy fo~m, in a wm appro.ed 'ny ~he h10RTGAGEE, in such tompa~~y o~ tompan~es as ~he MORTGAGEE m d~rect; and all firo a~d w~ndstorm insurance polic~es on any of sa~d bu~ld~~+gs, any interesl Iherein or part thrreof, in the a99regate a~m aloresaid in excess Ihereaf, shall coNain the usual sta~~dard mo~~g~gee dause or such ofher dause as the Mor~gagee may zeq~~re, mak~ng the Ioss under sa~d po c~es, each and every, payab~e to said MORTGAGEE as ~*s in~erest may appear, and each and eve~y ~uch po!~cy shall be promptly ass g~ed and de~ivered + any held by said htORiGAGEE ai further se<urity to aaid n+ortgaye debt, and, not less than ten (IO) days in advance of the expirat~on of each poGty, to d~ GvEr to said MORIGAGEE ~ renewal thereof, toge~hzr with a recz~pt for the premium oi wch ~enewal; and Ihere ihall be no f~re o~ winds~orm insurarx plated on any of said build~ngs, any interes~ therein w part thereof, un'ess in the form and wiih the lois payable as aforesaid; and in the evenl any sun of money becomes payable under suth policy or poi~cies seid MORTGAGEE sha~l Aave the opt~o~ to receive and app;y the same on accovnl oi Ihe indebted ness secured hereby or ro permit sa:d MORTGAGORS to receive and use it or any pa~t ihr:rof for o:i~r~ pur~•oies, .v~~ho~t ~hs~eor wa~~i.~3 er ~mp~i~ ~ng any equity, lien or ri~ht unde~ a by virtue ot this mor~gage; and in ~he event sa:d MORTGAGORS shall for any reason fa~l to kaep the said premises so insured, or fail to deliver promptly any of said polities oi insvrance to sa:d MORiGAGEE, or fail promptly fo pay fuily any premiunt therafpr or in any respect fail to perForm, dischaige, execute, effecl, compiet,;, comply with and ab~de by thls covena~», or any pa~t hrreof, sa~d MGRTGAGEE may p~ace a~~d pay iw such insurance or any part thereof w~~hout waiv~rg or aifeuing any opt~on, lien, equ~ry, or rv~h1 under or by virtue of ih~s Mortgage, and the f~ll amount of each and every such paymen~ shall be in;mediately due and payable and shall bear interest irom the date thereof until paid at the ra~e ol n~ne per centum pet annum a:xl to3ether with suth interest shau br srwr~d by the Gen of this mortgage. 1. To permi~, commit ot su(fe~ no waste, impairmenr or deter~oration of sa~d property or any part thereof. 5. To pay all and singular the costs, charges and eapenses, includ~ng a reasunable attorney's fee and costs of abstracts of title, incurred w paid af any time by said MORTGAG:E, because or in the event of the fa;lure on the part of the said MORTGAGOR to duly, promptly and fully perform, d~scharge. ~xecute, effett, tomplete, comply w~th and ab:de by each and every the stipulatrons, agreen,ents, cond~tions, and tovenants o1 said p~omissory note and ~h~s n,ortgage any or e~the~, and sa:d costs, ctiarges and expenses, each and every, shall be immediately due and payab~e; whether or not there be notice d~ mand, attempt to totlect or suit pending; and the full a~nount oF each and e~ery such paymem shall bear interest ~rom ~he date thereof until paid at the rare o! nioe per centum per annurn; and ail said costs, char9es and exaenses incu~red w paid, togather w~th such imerest, shall be secured by tFx lien o1 thii mor?gags. 6. That (a) in the event of any breach of this Mortgaye w defaulr on tFz part of the MORTGAGOR, o? (b) in the event any of ia~d sums of money herein referred to be ~o~ promptly and tully paid within thirty (30} days ~ext after the same seve~atty become due and payable. without demand or notice, or (c) in tha eveM each and every the stiputations, agreemenu, conddions and covenants of sa.d promisso~y note and th~s mort9age any or either are not iuty, promptly and fu11y performed, d:scharged, execured, eftec~ed, complered, compl~ed w~~h and ab~ded Sy, then in e+ther w any such event the sa~d ag- ' gregate sum mentioned in said promissory note then remaining unpaid, with interest accrued, and atl moneys secured hereby, shall become due and pay- abie forthwith, or the~eafter, at the opt~on oS said MORTGAGEE, as fully a~x! comple~ely as ii a~l of t}.e sa~d sums of mo~ey were or~ginally snpulated ro be pa;d on such day, anything in sa:d promisswy note or in this Mortgage ro the contrary not,~vi~hstandi~~g; and thereupon w thereafte~ at the option of said MORTGAGEE, without notice or demand, suit at law or in equity, therefore or thereafter begun, may be prosecuted as if all mo~eys secured heteby n;d matured pnot to ~ts ins~itut~on. - 7. TFat in the event that at the beginnir.g of or at any time pending any suit upon this Mortgage, a to fweclose it, or to reform it, or to enforce payment ot any tlaims he~eunde~, said MORTGAGEE shall apply to the Court having jur~sd;ct~on thereof (or the appo~ntment of a Receiver, such Cou?1 shall fc:thwith appoint a receivtr of said mortgaged property all and singular, includ,ng all a~~d sing~tar the income, prof~ts, issues artd revenves irom whatever s; urce derived, each and eveiy of wh~ch, it be~ng expressty unde~stood, is Fereby mor~gaged as if spec~iica~ly ut forth and dzsuibed in the granting and habendum clauses hereof, and such Receiver shall have al! the bread and effec+~ve funu.ons ar.d powers in anyw~se entruated by a Court to a Receiver, and s_ch appointment shatl be made by wch Cowt as an ad~nit:ed equity and a mauer of absolute nght to said MORTGAGEE, and vui~hout reference to the adequacy or inadequacy of the value of the property mo*tgaged or to fhe so~vency or ~nso!vency oi said MORTGAGOR o~ the defendants, and that such renrs, profits, incane, iuues and revenues shail be appGed by such Receiver accord:ng to the Iien or equity o1 said MORTGAGEE and the practice of such Court. 8. To duly, promptly and fully perform, d~scharge, exrcute, effect, complete, cortiply wi~h and abide by each a~d every the stipulations, agrcements, conditans and tovena~ts in sa~d promissory note and this martgage set forth. 9. That in the event the ownership of ~he mortgaged premises, or any part tnereof, becomes vested in a person other lhan the MORTGAGOR, the :'ORTGAGEE, its successors and ass~gns, may, without not~ce to the MORTGAOR, deal with such succeasw or successw in interest with reference to this ~•o~tgage and the debt hereby secured in the same manner as w~th l.lortgagor w~ehout in any way vinating or d~scharging the Mortgagori liabi~~ty here- unde~ or upon the debt hereby secured. No sa!e of the Fremises hereby mortgaged and no forbearance on the part of the MORTGAGEE or its successors or ass~gns and no extension of the time for the payment of the debt he.eby sec~red given by the MORTGAGEE or its s~ccessors or ass~gns, a~~all operate ~o re!ease, d~scharge, modify change or affect the orig,nal liab!l~ty of the N.ORTGAGOR here~n: either in whole a in part. 10. It is speufically agreed that time is of the essence of this contract and that no waiver of any obt~gat~on hereunder w of the obligation se- c~red hereby shall at any time thereafrer be held to be a wa~ver of the terms hereof or of the instrumem secured herby. i I 1. In add~tio~ to the fore9o ng month!y paym~nts of prinCpal and interest required by the prom~sscry note sec~red hereby, mortgagor eovenams >-~d agrees to pay to mortgagee v.~th eacA momh:y pay~,,e~» an add~~ional sum cst n:aled by morrgagee to be eqval to 1, 12 of tSe annua: cost of the follow- ,~g: ~ A-All real property taxrs levia~ or assessed agai~ist rhe above desaib,d real estate. ' B-P~entiums on fire and winduorm insvracce as herem .equ:red to be carned on the ]mproveme~ts situate on the above d_scribed prcKnises. 'i C-Premiums on such mortgage guaranty insurar.ce as mortgagee shalt from ~ me ro time deem fit to carry on the loan secured hereby. i ; Mortgagee shall ~rom t~me to time not~fy mortgagor in wrEt~ng of the ~~::ount due and pa•~abte hereundar and such sum shall thereupon be due and ; c.~yable on the due dare of rhz next month:~ payment and each success~ve :honth thereafrer ur.til mortgagee shalt nofify mortgagor of a change in such [ ~••ovnt. Such sums shail be app!ied by mo+tgag~e toward the payment of real pronerty ta:es: insurance prem:ums, and mortgage guaraMy insurance ;remiums. ~ IN WIT?JESS Y:HEREOf, the sa~d MORTGAGGR has hereunto set his hand and seal the day nd year first aiorewid. € S~gned, Sealed and defivered in the presence of: ~ _ sq ~ , e rns rg , ~~an ~ _ _ i.~ i ,a.~= ~r/LGt.- ses~) q o a arie rns r r ~~a~~ ~ ~ ~ S~ATE OF FLORIDA , ~ cour,nr oF St . Luc ie j~' ~ ~ Befwe me personally appeared Dale D. Erngberg~~ Jr _ ,,,d ~ Lola rtarie Ernsberger his wife, to me well known and known to me to be ~ rhe ind~viduals desuibed in and who executed the fwegoing instrument, and acknowledged before me that they executed the same (w the purposes rherein expressed. And the taid Lola Dfarie Ernsberqer wlfe of the said Dale D. ErnsberAer~ .J1'. vpon a up~rate and priwte } examination by me taken separate and apart from her said hvsba~d, ac4nowledged to and before me that she eaecuted said i~sWxnt~t:h~ely end volurr - ~ iarily and w~thout a~y compulsion, constraint, apprehens~on, wl fear of or frwn her saed husband. ~ 3 Ma rch _ 72 WITNESS my hand and official seal this~ day of A. D. 19 ' l l L ~LC aI'~~. LC Q C ' r . ~ . Notary Public in and for the State Of Ftp~fida, st larye My Comm~ss~on eapires: I~ - 3-~7~ ~ Return To: l ~ First Federal Savings 3 Loan Association " ~7' • Of fort P~erce. 22~~ - _ ' E! , ~ Fort Pierce, florida FIIED AND RECOIIQ~e ° st ~uciE couNTY f A. ; ROCER POI11lAS This Instrument Pre ared B Thomas A. DIiSCC. ~«RK C?ACU(T COUQT - P Y ~ECORD YERiFIEO...,...~~ First Federal Savings & Loan Association of Fort Pierce ~ Florida ~ Z3 ~ PM '~c~c~ - Checked By ~ g cf 199K2QQ P,IC~zz~ y- ~ . _ . _ . . _ . ~ . . . .