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HomeMy WebLinkAbout0611 237~88 THIS INpENTURE. AAsde the 5Lh day of S@ptembeY A.D. 19~ between _ Kelly Construction Company_} a Florida Co~porat ion ~ _ af St . Lucie ~ounty fiwida, he.einai~a designated as the "MORTGAGOR;' and FIRST fEDERAI SAVINGS AND IOAN ~ ASSOCIATION OF fORT PIERCE, a corporat~o~ orp~nized and exii~ing vnda ~he laws of ths U~ited 5latas of America a~d Mvinp its principa) place of - business in ths tity of Fort PiKCS, S~. Lucie Cwnry, Florida, hereinafte~ designated as tM "MORTGAGfE:' WHFREAS the MORTGAGOR i~ ju~Ny indeb~ed ro the MORTGAGEE in the sum of s 25 +6~0. ~0 good and lawful money of the Un~ted S~ates advanced by the MORTGAGfE unto the MORTGAGOR, as evidenced by a certa~n promisswy note of even date herew~th, of wh~ch the following in - WOf~ ~nd figures is a true copy, to-wit: z 25,600.00 100187~3 wn P~e.ce, Fi«~d~, September 5, t9~ Fw va)ve ?eceived, 1, we w either of us, promix to pay, without defalcation, to the order of FIRST FEOERAt SAVINGS AND LOAN ASSOCIATION OF i.; FORi PIERCE at Fwt Pierce, Florids, the sum of S 2 S. 60V . 00 w;th interest from date at the rate of 7• 5% per annum, in monlhly instalM ~nents as fol!ows: Z LQO. ~O o~ LSL day of Januar~ ~9?3 and a like sum on the cwresponding day of each mo~th there- after until 1he whole be fully paid. Each instaltment first shsll be applied in payment of the interest and then on the unpaid balance of the princ~pal sum. (f d ault is made in the HaymeM of any inataltment when due, and such default continues 30 days, then at the option of the hotder, and without any other notice, all the remaining ~nstallments shafl be due and payable at onte. Privilege is given to prepay this note in whole or in part at a~y time wifhout penalty. Neither fwebearance, nor acceptance by the ho~der thereof after any default in any payments hereon, sha!) be deemed extension. A late payment charge of S 9• 50. shs~~ be added to each instatlment remaining unpaid 7 days after its dve date, and a like sum shall be added to each such installment remaining unpaid 7 days after ~'-o each succeedinq paymero date. ; ``~Z Each maker, surety and endorser hereof, joimty and severalty, warves demand, presentment protest and notice of protes~ fw nonpaymeM, and fuNher '1 agrees 1o any extens;on of tlnr.e of paymem, e~ther before w aiter maturity, without notice to a~y of us; and to pay a0 costs of collectio~, including s = rea:onable attorney's fee' in the event of any defaul! hereunder, and hereby severally waives alI benefit of homestead snd exemption u~der the tonstitufion i and laws of each State of the Unired States, as aga;nst fhis obligation or any extemion or renewal hereof. ~ w~rness the ha+~d and ual oF each party. KELI.Y OONSTRUCT ION COMPANY BY: Kellv Hall~ President ~aU (SEAI) Corpoxate Seal Affixed (SeaU ~ C38.90 t state Revenve ~U f5ta~a~s xa~ass6~m~ ao~e) NOW, THEREFORE, the MORTGAGOR fw the purpox of seturing psyment of ssid sum of S 25, 600.00 , and the performarxe of the " covenanri and agreements hereinaftcr expressed, and fw divers good and valwbk conside~ations, by these prexenri, dces grant, bargain, sell, remise, refease, convey and confirm unto the MORTGAGEE, its ~uccessors and assigns, all that cenain lot, piece w parcel of Isnd, situate, lyiny, and beinp in the County of St . Lucie , and State of Florida, dexribed as follows: Lot 10, Block 2, ~RANGE BLOSSOIN ESTATES, SECOND AD~DI?ION,SECOiVD PLAT, as per plat thereof on file in Plat Book 16, page 14, of the Public Records of St. Lacie County, Florida, ; ~ . ~ i DOCUMEN AR~.. ~ 5~ M P~A~x, ~ U g= i O atr:. o? ~eEYeac~ r ; ~ t~ IN ~YMENr oF nuc~S c r~ 3 8. Dt~ ON CIASS'C' INTANGIBIE PE~ts()N A( P u p r c_ R? Yi ~r, e_'~;~ S E?- t' 1! • PI~RSIW~R Tp qlpprcv 71-I;il. ACTS Oi 1911~ ~ o ~ 11102 ~ ~ flOGF' !'JfIT:~': l Cif4!( CIRC1lR ~Lhs'~', L:,j:~~ =~.0. ~ , I i ~ i togNher with all and singular the tcnements, he~editements and app~rtances thereunto belongirg w in anywise appertaining thereto, a~d all rents, iuues, proceeds and prof;ts acauing and to accrue from said premises, sll of which are incl~ded in the sbove and forpang description and' h~bendum. ~ TO HAVE AND TO HOI~ the above described and granted premises unto the ssid MORTGAGEE, its successors ~od au3gns fwever. And tM said ~ MORTGAGOR fa - 1 L S______ ~;rs, executors, sdministroton and assigns, hereby covenants with the said MORTGAGEE, its tuccessws ~nd ~uiy+u, ~ ihat - 1 L 15 lawfully seized of the said premises in fee ixnple; that the same aro free, clear •nd discharyed from aU liens and encum~ ~ brances in I+w or in equity, and that 1 t will and i t hein shatl warraM a~d defend tbe title to the sams to tht said ! h10RTGAGEE, in svtcessors and suigns, forever against the lawful claims and dem~r?ds oF all persons; PROYIDED, AlWAYS that if the MORTGAGOR shall pay unto the MORTGAGEE the promiuory note hereinbefwe described and shall truly, promptly and fully perform, d~uharge, eaecute, compkte, comply with snd abide by exh and every tha stipulstions, agrcements, condiNona and tovenants of s~id promissory note and of this Mortqage, then this Mortgage and thc Estate heroby vested shall ce~se and 6e null and wid. I IT IS UMDERSTOpD thaf the word "Mortgsgor" whether in the singular or plursl snywhere in this Mortgsge, shal) be sirgular if one only u+d ! shall be plural jointly end severally if more tF?an one, and that the wwd "their" as used anywhere in this Matg~ge tM0 be t~ken to mea~ "his," "hen;' or '•its;' wherever the contexl w implies or ~dmits. Also, that whe~ever tbere is a refercnce in the covenants snd sgreements herein contsined to any of s she parties hereto, fhe same shall be construed to mean as well as the hein, lega) representatives, stxcessors and assigns (either voluntary by ~ct of ths parties w involunury by operation of the law) of the same and that ihe covenants herein contained shall bind and /F~e benefits and advantayes inw~ ,'r ro the res{xctivr beirs, kgil representatives, successors and au~gns of the psrties hereto. f And said Mwt rs, fo. themselves and their heirs, I s~ re esentatives, successws and ass' ~s, hereb 9~ ~g W y Y joinNy and severally covenant ~nd ayree ; to and with the said MORTGACaEE, its successors and auigns: ~ 1. To pay all and singular tlu principat and interest ~nd the vsrious and tundry sums of money payable by virtue of said promissory note, +nd this ' mortga9e, each snd every, pompfly on the days respectively the same severally become due. i ~ 2. To psy ~II and s~ngulu the taxes, asiessmenq, levies, li~b~l~ties, oolgations and encumbrarxes of every ~ature and kind now on said described property, or that hcreafter may be imposed, suffered, plxed, levied, o~ ~uessed thereon, or th~t hereafter may be levied or uussed upon this MortQ~ 4 a9e, o? the indebtedneu secwed hereby, each and every, when due and payable, accading to law, befwe they become delinqueM, and before any iMereit atraches or any penalry is incurred; AND INSOFAR A$ ANY THEREOf IS Of RKORO THE SAME SHALL BE PROMPTIY SA~ISf1ED AND OIS~HARGEO OF ! RECORO AND TME ORIGINAI OFftC1At DOCUMENT (St/CH A5, FOR IMSTANCE, THE iAX RECEIPT OR THE SATISFACTION PAPER OFFICIAILY ENDORSEO ~ OR CERTtF1ED) SHAII BE PLACED IN THE HANDS OF SAID MORTGAGEE WITHIN TEN DAYS NEXT AFTER PAYMENT; snd in the event that any thereof is not paid, :at'sfied and discharged sa:d MORTGAGEE msy at any time pay Ihe same w any pert fhcreof without waiving or affectirg any option, lien, equity or { ~~qht under or by virrue of this mongage and the full amount of each snd every such payment shall be immcdiately due and payable and shall bear interest ~ ~rom the date thereof until paid at rate of nine per centum per annum ~nd together w~th sucFj, ir~er 1 bt secured by the lien of th:s morgtsqe. BUO!! PALr s1,~ ~ ~-x~ . ~ ~