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HomeMy WebLinkAbout0990 The Mortgagor hereby oovensnts with the Mortgagee~ that he is i.ndeteaRibly eeized oi ssid land in fee simple or auch other estatei if e?ny as is etsted herein; that he hae tull power and lswiul right to oonvev the same as afaresaid; Lhat the 4nd ~s iree ~rum all encumbrances except as herein ot6erwise recited; thst asidZViortgagor will make suc6 iw~ther aeeuran~es to provo the storeeaid tiWe to said land in said Mortgagee se ma be reasoa- sblyrequired, and that suid Mortg~gur doee hereby f warranti t6e title to said innd, snd every part thereof, and will defend the aame ~gainat the lawful claima oi~ pereone ~vhomsoever. PaovtngD ALw~tra thaL if the I4lortgagor ahaU psy unto fhe Mortgsgee that certain pmmiaeory note, oi which the following ia ~ aubet4ntinl oops, to wit: = 16,000.00 Fort Pierce September 12 , 19 ~2. FOR VALIIt RECEIVSD~ the undereigned promiee(e) to psy to J. T. STL~IART MORTGAGE COMPANY , INC . Iawe of State of Florida ' s°O~°~~O° organised and c~dsting under tLe . or order, the principsl eum oi SIXTEEN THOUSAND AND NO/200 DoIlsrs (t 16.000.00 with interest from date at the rate of seven per oentum ( 7~'o) p~ ~um on the unpsid balance until paid. The said principai and interest ehsll be payable at the offece d J. T. STL~I~IART MOI~I~GAGS COMPANY, INC. Suite 300 - 100 Miracle Mile ~ Coral Gables, Florida , or at auch other plscE ae the holder may designste in wtiting delivered or mailed to the debtor, in montWy installmenta of pne Hundred Six and 56/100------ Dollars 106.56 ~~~cing on the first daY ~ October , 18 72 ,~d oontinuing on the first day of each month thereefter untal this note ia tully paid~ ezc~ept that, if not saoner paid, Lhe finst payment of princapal and interest ahall be due aad payable oa the fi~at day oi Se,ptember , 2002. Privilege is reserved to prepay st an, tame, without premium or fee~ the entire indebtednees or any part theraof notleas than t,he amount of one matsllment, or one hundred do ars (=100.00), wLichever ia less. ~ Tf any deficiency in the pa~n ent of any inetallment under thia note is not made good prior to the due dste of the neat such inatallment, the entire principai sum snd accrued intereat ahatl at once became due and ~sy- able without notice at the optaon of the holder of tbia note. Failure to eae~r.iee tbis option ahall not oonat~tute a waiver of the right to eaerc~se the same in the event of sny subeequent default. In the e~ent of default in the payment of this note, and if the same ie collected by un attorney at law, the underaigned 6ereby agree(s) to pay all coats of collection, including a reasonable sttorney's fee. " This note is eecured by mortqaQe of even date executed by the undersigned on certaia property described therein and represents money actually uaed for the acquisition oi aaid property or the improvements thereon. ~ Presentment, proteet. and notice are hereby waived. i . ( J ~-.7~?~~~~~c .L L [38Ai,~ ' ~ ~ j~~ c : <<.z./ Cecelia s. Russ [3EAL] ~SSAL~ And shall duly~ promptly, and fully pedorm, discharge, execute, effect, complete~ and comply with and sbide by each and every the stipulations, agreements, conditions, and covenants of said promissory note and of this mo*tgage, then this mortgage and the estate hec+eby created shall cease and be null and void. The Mortgagor further covenanta ss followa: 1. Th$t he will pay the indebtednesa, as he:einbefore provided. Privilege is reserved to prepay at any time, wi~hout premium or fee, the entire indebtedneas or anq part thereof not less thsn the amount of one installment, or one hundred dollars (i100.00), ~vhichever ia less. ~ 2. In order more full~• to pmtect the securit~ of this mortgage, the Mortgagor, together with, and in addition to, the monthl~- pa~-ments under the terms of the note aecured hereb~, on the first day of each month ~ vntil the said note is fu~ly paid, will pay to the Mortgap,ee, as trustee, (under the terms of this trust as herein- ~ aft~r stated) the following sums: ; (a) A sum equal to the ground renta, if a~ny, next due, plua the premiums t6at ~viU next become due and psyabk ~ on policiea of fire and other haaard insuranoe covering the mortgaged property~ plus tsaes sad sssessments ~ next dae on the mortgaged propertq (all as estimated by the Mortgagee and of which the Mortgagor is ; notified) leas all sums already paid therefor divided by the number of months to elapse before one month ; prior to the date w6en such ground rents, premiums, taxes, and assessments will become delinquent, ; such sums to be heid by Mortgagceintcusttopayssidgroundrents,premiums~tauea,andspecialassessments. ' (b) The aggregate of the amounts payable pureusat to subparagraph (a) and those payable on the note secured ~ hereby, ahall be paid in a single payment each month, to be applied to the following items in the order stated: ; (I) ground reuts, taxea, asee.ssmenta, fire, and other hasard inaurance premiuma; (II) intereat on the note aecured herebq; sud ~ (III) amortisation of the principal of ssid aote. Anp deficiency in the amount of suchaggregate monthlp payment ahall, unless made good by the Mottr gagor prior to the due date of the next such payment, constitute an event of defsult under this mortgage. At Mortgagee's option, Mortgagor will psy a"late charge" not exceeding four per centum (4~fo) of any instail- ment when paid more than fifteen (15) days after the due date thereof to oover the extra expense involved in handting delinquent paymenta~ bnt euch "late charge" shall not be payable out of the proceeds of any sale made to satisfy t6e indebt,edness secured hereby, unless such pro~ceeds ace aufficient to discharge the entire indebtednesa and all pmper costs and expenses secured thereby. 3. If the total of the pa~~ments made b~• the h'Iortgagor under (a) of para{;raph 2 preceding shall eaceed ~ the amount of pa~-ments actuali~- made b~• tl~e Mortgagee, as trustee, tor ground rents, taxes and ~gsessments, ° and insurance pren~iun~s, as the case ma~ be, such eacess shall be credited on subsequent pa~-~nents to be made ; b~- the ~lortga~;or for sucl~ items or, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, ; however, such monthl~ pa~ ments shall not be sufficient to pay such items when the ~ame shall become due ~ and pa~abte, then the ~lortgagor shall pa~- to the Mortga{;ee, as trustee, an~ amount necessery to make up ~ the cie~ecienc~. 5uch pa~~ment sliall be made within thirt~ (30) da~~s atter written notice irom the Mortgagee stating the amount of the deficiency~ which notice may be given by mai~ If at any time the Mortgagor ahall E ~l~ ~87 t ~ x:~ ~ ~ - eY . : : _ ~`~~~~-~~~n~:~.~` ~ _ : ~ ~ ~ ~