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HomeMy WebLinkAbout1342 ~ ~ ~i~:r~,ta7 . THIS INDENTURE, Made the _.14th, _ Day oF . September_._,_ , A. D. 19 72. , between . JAMES T. NORTBNBERRY and SANDRA N. HORTENBERRY, his wife, - ~ . of St. Lucie County, Flor~da, hereinafter designated as the "MORTGAGpR," and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF INDIAN RIVER COUNTY, a corporation organ;zed and existing under the laws of the United States of America and hav~ng its print~pal plste of business in thc City oi Vero Beath, Ind~an River County, Florida, hereinafter designated as the "MORTGAGEE." n~~g~S th~ MORT~AGOR :~justly i te ro the MORTGAGEE in thc sum ot Seven ThOUS8rid. aAd__ lS ) Uollars, good and tawful money of the United States advanted by fhe MORTGAGEE unto the MOR7GACAR, as evidenced by a certain prwnissory note of eve~ date here.vith, of which the fotlowin~ in words and f~gures is a true topy, to-wit: S 7~ 000. ~0 A~O. . _ . Vero Beach, Flor~da, . September 14, 19 72 ~ For vatue received 1 or we ~ointly or severally prom~se to pay to FIRST FEDERAI SAVINGS AND LOAN ASSOCIATION OF INDIAN RIVER COUNTY, the sum of S ~,0~0.~0 , at its office in Vero Beath, Ftorida, with interest at the rate of ,7.5 per cent per annum, in the following manner: S 64.90 ~he first of each and every month hereafter until the full princi 1 sum, with interest, has been ~ monthly payments shall be applled first to the payment of interest on the unpaid balance, and t~hen to the payment of principal, ~~d; said This rwte is negotiable and if default in payment occurs, may be placed in the hands of an attomey at law for coltection, in which event 1 or we agree to pay the tosts of copection, including a reasonable attorney's fee, and each of us, whether maker, guarantor or endorser, hereby severally waives demand, notice of non-oavment and protest of this note, t s!s- -Jame~ T.._ Hor. t.enb~~rry . - - --cseau ~ - s/s Sandra_ N._ _Hortenberry,_.__ _ _ _ ~~ai~ ' In the event any payment is not made prier to the 20th day of the month when due, then this note shall bear interest at the rate of x~7I°,~ from the date a~y suth payment bctame due and throughout the period of suth delinquency. 8' S State stam s 10, SO p paid and cancelled on original of this note in the amount of s... _ . NOW, THEREFORE, the MORTGAGOR for the purpose of securing the payment of the said wm of S.-7a.0OO.Q~__,____ and the uerformance of the covenants and agreements hereinafter expressed, and for divers good and vatuable considerations, by these presents, does gra~t, bargain, sell, remise, release, convey and confi?m unto the MORTGAGEE its succeswrs and assigns, all that certain lot, piece or parcel of land, situate, (ying and bei~g in the County of St. LuC~e. _ and State of Florida, destribed as follows: ~ Lots 2, and 3, SUI~IldER HEIGHTS, SUB-DIVISION OF LOT 103, • according to the Plat thereof recorded in Plat Book S, Page ~ 12, public records, St. Lucie Gounty, Florida. ~ 0 U {N PAIIMDR ~ T~ i _ . . . . . . . . . . . . . . . . ~"~n ~~ie~ . f w~ ~r. Y~ ~ ~ ~1.~~ ~ ~ iyjl• o.~ ~ A oF ~'t_O R 1 D A 1 ew~t 1° a+~~ rarw , o DDCUMF ARr STAMP TA ~ ~ yT. WaE s~ DEPt. Of pEVENUE ~ . ~ *J Q~AK ~i~ ' c' ~ ~ir ~ ' / .O : Pa ' ' n ' ~ ~ Q 5 0' ~ This Instrimment Was Prepared By ; o = ~uot ~ ~ MARC GRIFFETH ' ~ ~ First Federal Savings and Loau - Ass'n of Indian River County together with all and singular the tenements, hereditaments and appurtenances the~eunto belonging or in anywise appertaining thereto, and all rents, issues, proceeds and profits accruing and to accrue from said premises, all of which are included i~ the above and foregoing de- scription and habendum. TO HAVE AND TO HOLD the above described and granted premises unto the said MORTGAGEE, its wttessors and assigns forever. i And the said MORTGAGOR for their he~n, executors, administrators and assigns, hereby covenants with the said MORTGAGEE, its wccez- sors and assigns, rt,~r _ they are ~awf~uY seized of the said premises in fee simple; that the same are free, clear and dis- charged from ail liens and encumbrances in !aw or in equity, and lhat they_ „~,;u ar,d their t,e~n shal) warrent a~d defe~d the title to the same to the said MORTGAGEE, its successors and auigns, forever against the lawful claims and demands of all perso~s; PROVIDED, ALWAYS that if the MORTGAGOR shall pay unto the MORTGAGEE the promissory note hereinbefwe described, and shall truly, promptly and fully perform, discha~ge, execute, comptete, comply with and abide by each and every the stipulations, agreements. conditions and cove~ants of said promissory note and of this Mortgage, then this Mortgage and the Estate hereby created shall cease and be ' null and vni~l . IT !S U~~DERSTOOD that the word "Mortgagor" whether in tfw singular or ptu~al anywhere in this Mortgage. shall be singular if one only and shall be plural jointly .,nd severally if more than one, and that tne word "Their" as used anywhere in this Mortgage shall be taken to mean "his," "her," or "its." whe~ever the context so impties or admits. Also, that whe~ever there is a ~efere~ce in the covenants and aereements herein contained to any o.' the pa:ties hereto, the same shail be construed to mean as well as the heirs, legal representatives, wt- a cess~rs and assigns (either votuntary by act of the parties or involuntary by operation of the faw) of tRe same and that the eovenants herein c_nta~ned sha;! b~nd and the 7enef~rs ~nd ad•rantages inure to the respective heirs, legal representah~es, successcrs and auigns of thc ,:arties hercro. - - And said Mortgagors, for themselves and their heirs, legal representatives, successors and assigns, hereby jointly and severally covenant aRd ~g.ee to and with the said A.10RTGAGEE, its successors and assigns: 1_ To pay all and singular the principal and interest and the various ahd sundry wms of money payable by virtus of said promissory t r,ote, and this mortgage, each and every promptly on the days respecNvely the same seve~ally become due. ~ 2_ To pay all and singular the taxes, assessme~es, levies, lia5ilities, obligations and incumbrantes of every nature and kind now on ~ ~.aid described preperty, or that hereafter may be ~mposed, suffered, placed, levied, cr assessed thereo~ or that hereafter may be le~ied or ~ a~ses>ed up:;n this Mortgage, or the indebredness secured hereby, each and every, when due and payable actording to I~w, before they be- c:me delinquent, and bef~re any i~terest atteches or any penalty is incurred; and insofar as any thereof is of record the same shall be promptly sat~sfied and d+xharged ef record and the orig~nal offici~l document (such as, for instance, the tax receipt or the satisfaction paper officially endo.se~ or cert;fied) shall be placed in the F~ands of said MORTGAGEE within ten days next after payment; and in the event that any thereof ~s not paid, satisfied and discharged. sai~ MQRTGAGEE may at any time pay the same or any part thereof without waiving or affecting ai - eption, fien, equity, or right under or by virtue of this Mortgage, and the full amount of each and every such payment zhall be immediateiy due and payabic and shall be;,r interest from the date thereof until paid at the rate of per tentum per annum and together .v~th such interest shall be setu.ed by the lien of this mortgage. SeVeri aIId OAe-half 3. To place and c:ntrnu,usly keep on the ~uildings now or hereafter sifuated on said land and on all equipment and personalty cov- ered by this m~rtgage, ~vith ai! premiums thereon paid in full, fire insurartce in the usual standard policy form, in a sum approved by the ARGRTGAG:E, and tarnado insurance in the usual standard policy form,in a sum approved by the MORTCACEE, in such company or companies .~s the MORTGAGEE may direct; and all fire and tornado insurance policies on any of said buildir.gs, any interest therein or part thereof, in the ~ aggregate sum aforesai~ or in excess thereof, shall contain the usual standard mortgagee clause or suth other clause as the Mortgagee rtwy require, mak;ng the (oss under said poticies, each and every, payable to said MORTGAGEE as its interest r»ay appear, and each and every suth policy shall be promptly assigned and delivered to and held by said MORTGAGEE as further security to said mortgage debt, and, not ~ess than ten (a0) days in advance of the expiration of each poliq, to deliver to said MORTGAG:E a renewal thereof, together with a receipt for the premium of such renewat; and there shall be no fire or tornado insurance placed on any of said build~ngs. any ~nterest therein or part thereof, unless in the form and with the loss payable as aforesaid; and in the eve~t any sum of money becornes payable under such : s~rtc.:m~s.;~-yso rmr aUOK~~VV PACF~~ _ _ _~Dr'F£sF'..:-. - ~ . _ ~ ^ ~~`s-~n2iFsKJ~ ~