Loading...
HomeMy WebLinkAbout2705 . SAND HILL PRODUCTION CREDIT ASSOCIATION • BLANK OR MASTER FORM OF MORTGAGE N0. 1 . FLORIDA, St. LuCie _ _County. SAND HILL In Co~siderstion of sdvances made snd a~reed to bs made Or T Productio~ Credit Astociation, ~endl~, to Robert ChaePell,_ Norman Purvis & Candor Nosier~r M~bwl~~hethe? ~,e a~.e,. ,~ro~,~,,,~ See ~lOW ` Oo?lars (f-_--~_ (e~idenced Dy note(s) of even date harewith, hfreby °~YD~essly made s psrt he~eol) and to secure sa~d advances, all rentwals and exte~sions theroof, interest, costs, charQes and attaneys' fees, ss provided n said note(s) and herein. Borrower ~rants, bar~s~ns, setls and conveys unto Lender, its sutclSSws snd sssiQns: - _ _ _ _ - - - . _ See attached _mortga$e. _ Funds Advanced~~~000. 00_p~us_future a vances .to an amount__. __~2~to exceed $~00, 000.00. ~ - - - - - - ~ . ~r~o - - - _ _ - - - - - OUE ON dwtt ~ urt.ira~E 1~'Ollllk- ~ORSINNI TO - - N06ER ~OITM~ ~ ~ _ A. WpE OQ. M SECTIOK A. TO HAVE AND TO MOLD said property unto Ltnder, iLS successo?5 and ass~g~s. ~n fee simple torever: Provided, lhst ii Borrower shall pay, when due, all indeDtedness secured hereby, this instrument shall be void. SECTION B. Borrower hereby co+~enants, u~dertakes and agrees, as totlows~ 1. That the application for said advances, said notes and this instrume~t shall constitute the Contract between the parties; that tAey Shall be con- strued toglther, and 1Aat time shall be ot the essence of the Contract. 2. Tf~at no waiver Dy Le~der of a breach ot any condition, stipulation or covenant of the Contract or m~srepfesentation by Borrower Shall be con- strued as a waiver oi aoy olAer sct or om~ss~on at any other time. ' 3. To permit lender, in its discret~on, to have the encumbered property or any part of it inspected at any t~me, and that Borrower w~ll pay the cost of sucA inspection. 4. To report fwthwith to Lender sny serious injury to, or loss by death or otAerwise of, any of thc entumbered prope~ty. S. To insu~e and ketp all property hereby encumbered, as may be required by Lender irom t~me to time, against Such losses, in at least such amounis ; a^a In such companies, as shall be satistactory to lender, w~th loss o~ damage psyable !o Lender as its interest may appear at the time of loss; to detiver !ne pohcy or poi~cies of msurance to l.ender: a~d to promptly pay when due all prem~ums tw such insuronce. 6. To pay or assign to Lender al1 sums or claims that may Cecome payaDle to Bo~~ower on account of the destruction, condemnation or, or dsmage to, any of the encumbereG property. ' 7. That Bonower is the owner pf alt ot the property here~n encumbered free and clear o1 all claims. ~iens, taYes ar?d encumbnnces, exceDt such as are specifically descriDed in said application; and will pay when due all Iawtul claims, liens, encumb?ances. judgments, taxes, inspection tees or other cha+ges against said property; and will warrant anC forever detentl the title against nll Wwtul claims of any persoo wRomsolver, B. That 8orrower has made no misrepresentation in the applicalion for the advances secured hereby a~d such adva~tes will be used only fot the purposes set torth in tAe applicatio~ tf?erefor, as approved by LerMer. 9. To properl maintai~ the encumoered property undimin~shed and in gciad tondition: not to commit nor pe~mit waste thereof; to keep the pe~so~a~ f 6 aroperbr where i is now located, unle5s Lender consents in wr~ti~g to its rcmoval; and to mainWin appropriate terraces upw~ the encumDered premisls co prcve~t soil erOSioo. _ 10. That in csse Lender Vansfers this instrument andior any of the notes secured hereby, Lender is appointed agent of Borrower as to all tutute negotiation~ or transactia?s concerning them and at1 renewats of any ot them; and shall not De considered the agent of the hotder ot any instrume~t ~n any matter of payme~4 re~ewal w other dealings rclative lhercto. 11. lnat Bonower hss signed and delivered to Lender prom~ssory notes to evidence ad~ances secured by this ~~st?ument in which the interest rate eefore maturity ~s left blank. When each advance is made, Lender, or the holder of any note secured hereby, is authorized as Attorney-in-Fact tor Bor- rower to insert in such note an inter~st rate equal to tAe then prevaiting interest rate of Lender. 12. That Lender may do or have done any act or thing herei~ provided for which is om;tted or failed to be done by BOrrower, bei~g autAOrized to enter upor? the premises fof any purpose, in its d~scretion, and may add the cast of doing such act or thing to the principal debt stcured hereDy. AH such costs and smounts paid shatt Ce immedwtNy due and payable, besring inte~est until paid at the highest contract rate permiried bY Fb?ids law; end Lender shall be suDrogated to tAe rights of all pe~ons to wAom payments are made hereunder. 13. That Bonower witl pay the wst of releasing ar satisfying this rnstume~t of rCCOrd. 14. That Borrower will pay, when due, all sums secured hereby; and ~n the event collection thereof is made through an attorney, by suit or otherwise. 8orrower will pay a11 cosls a~d expe~ses thereoi, irtctuding a reawnable altorrtey's fee of not less than Ten per ce~tum (10%) of the principal and in- terest setured hereby. 15. That Borrower witl not, during the existence ot any part of the tie~ here+rt p?ov~tled tor, 5211, lease, mortgage or assign all or any part of the encum- tered property without tirst procuring a statement in writing from lender approvirtg such sate, tease, mortgage o~ assignme~t. 16. 7Aat in case of error or omission in this inslrument or the notes secured hereby p~oper instrument(s) to corrpct same will be promptly exKUted as ~ender may require. 17. That wherever the conteut so admits w requires. the s~ngular number wherc useA t?~rouQtwu! the Contract shall ir~clude the plurai and the plural sha~l include lhe singular, and the masculine sAall include the feminin! ex vice versa. 18. That all agr~ements, undertakings and cove~ants of Borrower herein oontained sha~l extertd to arrd be bioding upon the heirs, executo~s, adminis- !rators, successws and assig~s of 8orrower; and a~l nqhts, powers, privileges, and remedies conterred upon and given to Let?der shall entend to and may be exerc~sed by Me successo?s and assigns oi Lender. l9. Thaf all advances hereu~0er sha11 be secured hereby, whether made be(ore w alter the auignment of this instrument and whelher made by lender w an assiQnee hereo~. All notes sccured hereby anci assigned to, and aH advances maGe by, an assignee hercof, shall have D~~a~b ~et other ~otes secu~nd hereby and advanCes hereunder. 20. That all riQhts, powers antf remeCies conferred ~n this instrument are cumutahve of others allowed by taw and may be pursued concurrently- ' 21. Thst in tbe event ol any breath or delault of the terms, cavensnts. conditio~s w sGpulations ot this instrument w of the obli ations secwed ~ hereDy, o~ slauld tBe security hereot be dim~nlshed, of any of whith lender SAali have notice, lNnder, at its option, shan nave an ot the ~ollowinQ riQhts: (a) To decline to make further adrances. (b) To declare all of the mdebtedness nereby secured immediately due and payable without notice to Borrovrer. (c) To hare immediate possessio~, use and e~pyment o( tAe pmperty hereby encumberetf and to ?ecerve the rents, issues and protits thereoi irom c~e accrual ot such rigbt. , (d) And W forcclose the lien hereot, 1( such possessio~, use and enjoyment sha11 not be delivered to Lender, tFien, in that evtnt. Bortower cort- ~ents and aQrees that a Receiver may De aA~~~ted (whetAer a not Borrower is insolvent) to take charge of ths property hereby encumberod during !ne pendency of a~y such farcclosure p~oceed~ngs, to receive tt~e rents, issues and profits therefrom ans to appty the same toward the retirert?ent of tne ~ndebtedness hereby secured. SECTION C. Borrower turtAer covenants. undertakes and agrees as follows: 1. To plant, cultivate, fertilize, spray, harvest, pack and process, with ordinary -care and dingence, all of tt+e crops hercby encumbered. 2. That in tAe erent of any breath o~ detault whereby the nght of foreclosur~ accrues, as aforesaid, Lender may, as a cumulative 0? concurrcnt remedy se~1 the tarm mach~nery and equ~pmeot, irvestock andio? crops ~n be~ng at publ~c sale to the higAest biddtr for cash at the Court House in tAe Countj~i ~vherc said prope~ty w any psrt of ~t ~s located at the t~me ot sale, atter Qiv~ng twenty days' ~otice thereot, and the proCeeds o1 such sale sAall be appiied tirst to the payment of the costs and expenses ot such sale and the~ to the payment of the amount of pnnc~pal, interest sn0 attwneys' fees due upon said ob6Yations antl the remamder ot the proceeds, if any, shall be paiq to Bonower. EXECUTED, SEALEO AND DE~IVERED, this Cay Ot . 19 s~pned, Seated and Oetirered (L SJ in tne presence of: (L. S.) - (L 5J _ (L. SJ ~~5..- e'-~v 21 70 d D~i~~/V ~r _ ~ T ~ .l'hE.~' ~ ~ = -.s.-. ~ ~f .^~,t~"r',,e°J - ^^~z%'~~ ; ~ ~A ~~~_~~'~~-',xx~~~3~^~ ,°j