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HomeMy WebLinkAbout0610 3. ~o place and continuously keep on ~he bui!d~ngs now or hereafter ~ituate on sa~d land and on aL' equipment and personatly covered by this mor ege, w:~h all premi~ois the~eon pa~d m fuil, fna insuronte ~n ~he usual standard policy lorm, in a sum approved by the MGRiGAGEf, ar~d windsto ~nsurance in tha usual standard pofcy lonn, in a sum appro~ed by the MORTGAGEE, in such cornpany or tompanies as th@ A1pRTGAGEE m d~~ect; and all (ire and w~ndstorm insurance poGues on any of said build~~gs, any interest the~ein or parl thereol, in the aggregate wm afaresaid in eacess ~he.eof, shall coroain Me usual star.dard mor~gagae clause or s~ch o~her ctause as fhe Mo~tgagee may reqw~e, making the ~oss under sa~d po c~es, each and every, paya5!e ro said h10RTGAGEE as its in~erest may appear, and each and every suth potic~ shall be promptly ass gnad and detivared ~ any held by sa~d AtORfGAGEE as further security to said n;ortgage debt, and, no~ less than ten (10) days in ad+ance of the expiration of cach polity, to d~ I~ver to sa~d h10RiGAGEf a renew•al thereof, togerher with a~ece~pt for the premium of such ~enewal; and there shnll be no f~re or winds~orm insuranc p!aced o~ any of sa~d b~i!dinc~s, any interesl therein or pa~t thereof, unless in ~he form and wi~h the ioss payable as aforesaid; and in the event any sun of mcney becanes payable un~r wch policy or policies said MORiGAGEf shaN have rhe opt~on to ~eceive a~xi app!y the aame on accouM of the indabtrd n~•u secwed l~reby or to permit said MORTGAGORS to receive and use it or any part ~he:aoi ior o;n~•~ ~.or~.osrs, w:~ho.,t fh~.~o~ w~~.I,3 cr u~,p:.ir ing any equ~ty, lien or right unde? or by vi~tue of Ihis mc:'gage; and in the evenl said MORTGAGORS :halt fo~ any rcason faif to keep ehe said premises so ~n:~r~d, or fai! to detiver promptly any of said pol~cies of insurance to said MORTGAGEE, or foil promptiy to pay fulty any pre~niwn ~heretor w in any ~espec~ lail =o pe.fo~m, discf~arge, execute, elfecl, complete, co~npiy with and abide by this covenant, or a~y part hereol, said MGRTvAGEE may p~ace a~~d pay for such insurance or any part thereof without waiving or af~eding any optior~, tien, equ',ty, or r;ght unde~ or by virtue oF ~his hlo~tgage, and the f;;!I amount of eacA and every such payment sha11 be immediately due and payable and shall bear interest from Ihe date thercof until paid at the rate o! ~:ne ~r censum per annum .,nd to3ethar with auch inttrest s~all be secured by the lien of Ihis mortgage, 4. To permit, commit or suffer no waste, impairment or deterioration of said property or any part the~eof. 5. To pay all and singular the costs, charges arfd expenses, includinq a rea:onable attaney's fee and costs of abstracts of ti~le, incurred or paid at ,~y ti~r.e by said MORTGAGEE, be:cause or in the event of the fallure on the pan of ?he said MORTGAGOR to duly, promµtly and fully perform, d~scharge. .•_c~~e, effeu, cumptEte, comply w,th and ab:de by each and every the stipu(at~ons, agreements, conditio~s, and covenanfs of said pro,n;ssory note and thi~ ,-orrga~e any o~ e~rher, a,~d sa:d costs, chaiges and expenses, each and every, shall be immediately due and payable; whether w not there be notice dr .~nd, atre~npt to coliect or suit pendmg; and the iulf amount of each and e~ery such paymem shall bea. interest from the date thereof until paid at the ~c o' ~;~~~e eer crneun, p~~r an~:u:~r and aii said cosrs, ct~arges and exp<nses incwied or paid, toyzther wuh such interest, shall be secured by the lien of this rnoregage. 6. That (a) ~n thz event of ony breach of this Mortgage or default on the part of the tAORTGAGOR, or ~b) io the eveM any of sa:d sums of money Fc~ein referred to be not promp!ly and fully paid wi~hin th.rty i30) days next airer the same seve~a'ty become d:re and payable, without demand or notite, ic) in thr event each and every the siip~lanons, agreements, condnions and covenams of sa.d promisso~y note and th~s mor~gage a~y or either are nol i,,:y, promptly and f~lly performed, dacharged, execured, effected, compteted, complied with and ab~ded `ay, then in eether or any wch event the said ag- ;•c3a+e sum menfioned in sa~d p~omissory note fhen remaining unpald, with interest accrued, and alt moneys secured hereby, shall become due and pay a::,~ forthwirh, or ~hereafter, as fhe opt~on of said MORiGAGEE, as fully and complete~y as ii a~l of ti~e said sums of money were o~~ginally st:pulated be pa,d on wch d~y, anything in s~ d p~om~ssory note or in this Mortgage to the tonvary notw~thstanding; and tnereupon or thereafter a1 the opt~on of s.d MORTGAGEE, w~thcut not~ce or demand, suit a1 law or in equity, therefore or therealter begun, may be prosecuted as if all moneys secured hereby r..:d marured pr~or to ~ts institution. 7. That i~ the event that at the beginning of o~ at any time pendi~g any su~t upon this Mortgage, or to foreclose it, or to reform it, or to enfo?ce r~,menr oF any cl,~~ms hereunder, said MORTGAGEE shall apply to the Coun having jur~sd;cfion thereof for the appo~ntmem of a Receiver, such Court shail f::'1~1K'lIF1 appo~nt a receiver of said mortgaged property aIl and siny~:ar, inctud~ng aU and sing~~ar tF~e income, profits, issues and reven~es from whatever s:rce dtrived, each and every ot wh~ch, it being erpressly understpod, is hereby mortgaged as if specifically set lorth and described in the g~anring and !:';endum cia~ses her~.of, and wch Receiver shal{ have ail ~he broad and effed~ve furtct,ons and powers in anywise entrusted by a Court ro a Receiver, and s-,h appointment sha~t be made by such to~rt as an admitted eqvity and a matrer of atrsqFute right to said MORTGAGEE, and without reference to the r,i, y.,ary o~ inade~uacy of the va!ue oi the property mortgaged or to the so~vency or inso~vency o( sa[d MORIGAGOR w the defenda~ts, and that such ~s, profits, inco~ne, issues and revenues shall be applied by wch Receiver accordb~g to the lien u equity of said MORTGAGEE and the practice of wch C~urL ' 8. To d~'y, prompt!y and fully perform, discharge, execute, effect, complete, comply with and abide by each and every the stipulations, agreements, ~.~d~t~ons and covrnanes ~n sa~d promizsory note and th~s mortgage set forth. 9. That in the event the ownership of the mortgaged premises, or any part thereof, becomes vested in a perspn other fhan the MORTGAGOR, t}~e ;~RiGAGEE, irs successc,s ar;d ass+gnz, may, w;~hoW notice to the A10RiGAOR, dea~ w~th such succeuo~ or successor in interest with reference to thia ~'gage and the d_o~ hereby secured in the same manner as with Mortgaqor withoW in any way vitiating or discharging the Mortgagors' lia6ility here- ; _:i~•r or upon the d~•bf htreby secured. No saie o1 the premises hereby mortgaged ar.d no iorbearance on the part of ~he /dORTGAGEE or its successors ass~g~s ar.d ,eo exte~sion of the time for ~he payment of the debt hereby secured given by the MORTGAGEE o~ its successors or ass:gns, aliall operate ~o reiease, d:scharge, mod~fy change o~ affect the orig,nal Iiauil~ty of the M.ORTGAGOR herein, either in whole or in parf. E 10. It is spec~f~cally aoreed that time is of the essence of this contract and that no waiver of any obt;gat;on he~eunder or of the obligation sr .;^ed hereby shali at an~ tir,e thareatter be he;d to be a waiver of the terms hereof or of the instrumem secured he~by_ I t. In adci t:c.~ !o the farenolig month~y paym~MS of princ pal and inrerest required by the prom ssery no'e secured hereb~, mort9agor eovenants ~ d agr~es to ;;ay to n:ortgagee v~~th each month~y pay~.-.ent an edd~rional sum est:n.ated by mortgagee to be eqvai to 1;' !2 of the annual cost of fhe fotlow- A-Ali fE3~ F:ropcrry ta,as le.~ed or asszssed ag.3i•ist th~ above describ~d rea! esrate. E Pr:,r ~ums on E~rz and v~ir.dsro•m ~nSUracce as here~n reqv~red to be carried en the ~mproveme~ts s~tuate o~i the above d:sv(t~1,Qr~mises. C-Pre•r.~u~- s o~i z~ch ~cortgage guaranty ir.surar,ce as mortgagee shall from. t me to time deem (it to carry on the loan secyrtd'1MC4.tly.' 1:'lortgagce Sh~:! ~rcrn t~~ne to t;cne not;Fy mortgagor in wr;t+ng of the amounr d~e and payable hereundr~ and such sum•S}ia!{ $~Y~evpdh,be d~e bnd - ~b!e o~ the d.,z da!e ot the next n,amh:y payment and each successive month thereafier until mortgagee shall notify mortgego! ~ a thai~~ irt. such unt. Such zums sFa'i t.e app'!ed by mortgag>e toward the payment of reat property taxes, insurance prem;ums, a~x~ mo(igaf}g^gV~r~rt}~;~ir?sutance ~~~ums. ~ IN ~11TP~E~S :.NEREOF, the said MORTGAGOR has hereunto set his hand and seal ~he day and year irst aforesaiQ. • - ~ i--~ Signed, Sealpd and ~tivered in the presence of: K~ Qj1]$Z' t.' G, f~r/ FILE~t~', ;~GJROFDBY: ~~ANY , Si.ZUi.~ ;~:~~.st~Tt FU. Sesq " R:;.- . . -;-~A~ lly al ~ Pre - ~:1:•__- rsran C1.E=?, ii- ~ ?EPf c r, ~ •,OURT 'r•... . (Seaq - - ~ (Seaq ~ ~ • ~ ~ ~ - - rr~"tz ' 23'768~ ~ - . ~ i ~ ; StATE OF FLORIDA COUNTY OF ST. LIICIE ~ ~ Se tember ~ 1 HEREBY CERTIFY, That on this day of- P , A. D. 19~, z before me personally appeared Ke l ly Ha 11 s~ i ` respectively as President~,d -~erstey , of i Ke11Y Construction Company ~ a Florida Corporation, to me ; known to be the persons described in and who executed the foregoing instrument and.~everalty acknowledged the exe- ~ f cution thereof to be their free act and deed as such officers for the uses and. pvrppses tke~ein mentioned; and that they ~ ` affixed thereto the official seal of said corporation, and the said instrunicht 'is fbe~ct'and~~deed of said corporation. - ~ • ~ ~ WITNESS my hand and offiua! sea! at Fort Pierce ' saia cailnty ~nd state. ; i This instrument prepared by ~ ' Gary F. Ellwood ~ • . ~ First Federal Savings arx] Loan Notary Public, in andfAC.State and Cou aforesaid. r ~ssociation of Fort Pierce, Florida My Commission Expires: ~ 9- f s Checked ByV-H~__--- - i t ~ aoor, z06 PAf,E ~ _ - ~ x~. . _ - - - - - f_ ~ ~