HomeMy WebLinkAbout1562 3. To ~face and connnuo~sly keep on the bu~'dings norr or hereafre~ ~ituate on sai~ land a~d on a11 cqu~pmenl and pe~sonally tovered by this mor
aga, w:fh all prem~ums th~-~eon pa d in fuil, fue i~~surance in th~ usual stand3rd po!icy lorm, in a wm aFpru~ed b~ Ihe MORIC,AGfE, a~~d w~adsto
]ns~rante in the usual srand,~.d po::cy form, in a sum epExoved by ~he MORTGAGEE, in such tompany o~ co~npanies as ~he hM1ORTGAGEE m
direu; and all fire and windstorm imurance poi~c~es on dny of said buitd~ngs, any interesl therein or part thereo(, in Ihe aggregare wm ator«said
in extess fhe~eof, shali contai~ the usual sfandard morrgagee ~lause o? such othe~ [lause as the Mo+tgagee may req~~re, maling tha Ioss unda~ sa~d po
cles, e~ch and eve~y, pay~5ie to said 1tpRTGAGEE as ~ts ~rocrest may appear, and each a~d cve~y such po:~cy shail be promptly ass gned and de~iverc~c! :
any he1J Ly sa~d RtORIvAGiE as fu~ther s~w~~ry to said mortgage debt, and, not tess thao ten (10) days ~d.ance of the exy~ir„flon ol each poGCy, to d.
Lver to s~;d b10RIGAGEE a renews{ thcreof, togeiher with a rece~pt for the premium of such renewal; aud thare shail be no i~re or winditonn insuranc
pfaced on any of sa~d build~ngs, any interett there~n or part thereof, unless in the form and wifh ihe foss payabte as afcreiaid; and in rhe event any sun
ot money beco~nes paya6te under such policy o~ po!~cies sa;d MORTGAGEE shall have ~he opt~on to rece~ve a~,d app!y tne sarne on accou:v o( the indabtad
ness secured her~by o~ to permlt s3~d 1AORTGAGORS tp reee~ve and use it o? any part the:aof tor o:ir r~.u~, os,s, ~:~~no~t th:.. or ,v,:~.~.~~ „r ue:p~~r
ing a~y equ~ty, I;en ot right undar or by vinue of ihis moragage; and in the event sa~d MORTC~AGORS shaA `or any rcason idil to kaep the sa~d premis~s so
insur~d, o~ fail to del~ve~ pre~npt~y any of sa~d pol~c~es of insurante to ~aid MORTGAGEE, or fa~l promptly to pay lully any prem~~:n therc~c~ o~ in anY
resprct fai{ to perfurm, d~sch~rge, exec~re, effect, complete, comply with and ab~de by thls covena:v, or any p.vt i~areol, sa~d MGRTvAGEE may peate a-~o
pa; For t~ch insur.,nce o~ any parr th~•reof withoul warving w affecting any opuon, tien, equ~~y, or rigM u~~der or by vlrtue of ifiis hlorigage, and the
full amount ot cath and evary s~ch payment shall be ~mmediately due and payable and shall bcar i~tcrrst from tha date thcrcof until po:d at the rate ot
n,ne prr cenrum pe~ annu.n „nd to~rth~~r „~lth such inrer~st shali be sewred by ihe lien of this mwtgage.
4. To permir, commit w s~ffer no waste, impaerment or deter:oration of said property or any part thereof.
5. To pay aU and sing~tar the costs, cha~ges and expenses, including a reasonab!e attorney's Fee and costs of abstracts of ti11e, incu?red or paid at
any t;me by s~~d MORiGAG:E, beca~se or in the evero of the fa~lure on the par~ of the said MORTGAGOR to duly, prompNy and fut~y perform, d~scharge.
~.~cute, e}fea, co~np:ete, comply w~rh and ab:de by each and every the stipulat~ons, agreements, condit~ons, and covenaros o9 said pran~ssory note and ~n~s
~:ortgage any o~ e~rher, and s.~:d costs, charges and expenses, each and every, shall be immed~ately due and payab:e; whether or not there be aonce da
mand, atte~npt to coL'ect or suit pend~ng; and the fult a~nouM of each and every such paymem shall bear inreresr f~om the da~e fhe~eof untii paid at the
~ o` nuie cer trntu•n }~er ~n~iu'n; cnC ali said custs, cha~ges a~,d ex~enses irxur~ed or paid, togrther ~vdh such interest, shall be secured by the lien of this
mortgage.
b. Tha1 (a) in the even? of any Lreach o( this Mortgage or deiault on tF~ part of the ASORTGAGOR, or (b) in thr evenf any of satd sums of money
herein refer~ed to be not p~o~nptiy and fuily paid within th,rty (303 days ncx+ ait~_r Ihe same severa':y beco~ne d~e and payoble, without demand or notice,
er (c) in the event eath and every ~he stipulaNons, agreeme~ts, condrtions and covenants o4 sa.d promisso~y note and th;s mortgagr any or either are ool
i~;y, promptty and fully pertormed, d:scharged, ezecured, e~fected, complered, complied wi~h and ab~ded ~iy, the~ in e~ther or any wch event Ihe said ag
~~egate s~m mentio+~ed in sald pron,~ssory note then remaining unpaid, with intere>t accrued, and a~l moncys se[ured hereby, shall betome due and pay
~c.a fo~~h~v~rh, or th~reaf~er, at ihe op!~cn of said A10RiGAGEE, as fu(ly and complerely as ii ali of N~e sa~d sums of money were ongi~~a1ly ar:pusated
To !k pa:d on such d~y, anytning in aa.d pro:n~ssory note or in this Mortgage to ~he connary notwJhstanding; and thereupon or thereafter at the opnon of
s~;ci MORiGAGEE, ~nlchcut nonce or demand, suit at law or in equity, therefore or thereafter beyun, may be prosecuted as if all moneys secured hereby
n d mawred pnor to ds institvtion.
7. Jh~t in the e~ent fhar a? the beginn;ng of or at any time pending any su~t upon this Mortgage, or to foreclose it, or to reform it, oi to enforce
e'oy~nent of any cia~ms hereunder, said h50RTGAGEE shal! apply to the Court having ~ur~sd:ct;on the«ot for the appo~ntment of a•Receive~, such Court shail
tc~rh~vifh appomt a receiver of sa~d mortgaged property aR and sin~utar, in~tvd~ng aN and s+ngu:ar the ir.come, profns, issues ar,d revenues from what2ver
s: urce drrived, eech and every of wh!ch, ~f bemg expressly onderstood, is F.ereby mortgaged as if spec~f;cally set fo~th and descnbed in the graming and
h,,bendum da~ses hereof, and such Receiver shail have all the bread and effecr~ve funct,ons and po.~ers in anyw~se emrusted by a Court to a Recriver, and
s. ch appointment shali be r.;ade by such Covrt as an admitted equity and a matte~ of absolute rigM to said MORTGAGEE, and witfiout reference to the
a,t_qwcy o+ inadequacy of the value of the property mo~tgaged or to the so~vency or ;nso!vency of said MORiGAGOR o~ the defendants, and that such
r.. •ns, profits, inco.ne, iswes and revenues shatl be appiied by such Receiver accord~+~g to the lien or equity of said I110RTGAGEE and tF.e prattite of such
~ourt.
8. Te duly, promptty and fully perform, dis:harge, execute, effe:t, complete, comply with and abide by each and every the stipulations, agr¢ements,
:undrt~ons and covznants in sa~d promissory nofe and this mortgage set iorlh.
9. That in the event thc owr.~rship of the morrqaged premises, or any part thereof, becomes vesled in a person other than the MORTGAGOR, the
'.^RTGAGEE, its successcrs and assigns, may, witho~t notite to the A10RTGAQR, deal with wch successor or succeasor in interest with reference to this
^ o•igage a~•d the d_ut hereby secured in the same manner as wiih Mortgagor without in any way vitiating or d~schaiging rhe ldo~tgagors' Iiability F~rr
der o~ uf~on the debt hereby secured. No sa!e of the p~emiies hereby mortgaged and no forbearance on the part of the MORTGAGEE or its sutcessors
or ass+g«s and no exsenvon of the time for the paymem of tne debt hereby secured qrven by the b10RiGAGEE or its svccessws or assigns, a.~all operate
ro re~ease, d~scharge, modify change or affect the origina! liability of rhe MORTGAGOR herein, eithe~ in whole or in part.
10. It is spec~fk~lly ag~eed that 1;me is of the essence of this contract and that no waiver of any obl~gat~on hereunder or of the obligation se-
c,red hereby shall at any time thzreafter be hcld to be a waiver of the terms hereof or of the instrument secured herby.
11. In ~d:i ro, to the fo~egc ~,g r,~onth!y paym_nts of princ pal and interest req~~red by the promsscry norr s:cvred her~b~, mortgagor tovenants
agr£es to pay ro n;artyayee ~n,irh each month'y paye.:ent an adJ~riona! sum estircated 6/ mortg3gee to be equal to l; 12 of the annual cost of the foilow-
A-AI! real F:roperty taxrs le.~~c'. or ass~asseci ayainst the above described real estate. , .
o Fr,~,,;;;;.s on ive and w~ndsrcr~n ~nswacce as here~n rcquaed to be carried o~ the ~mproveme~ts s:tuatz o~ the abuve~~l,s2fitfed pre~t?ises,
C-Pre~niu:•.s o:s such morfg.~ge guaranty icsura~~te as mortgagee shal! from t;~ne to ti~nc deem fit to tarry on tbf loahsefil;ed~lyercb~r.~,
r
."•ertgagee sti, f f•cm T~ne to n:~;e not~fy mortgagor in writmg of the arrouot due and payable hereu~dar ant( sucti iu•ri~shetl~lhSr upoil,be due and
~..,b1e on rh_• d,,e ci„r_ of ~he next month:~ paym~nt and each successive month tnereaftc. untfl mortgagee shall nol~fy mottga~or of•a ~a11ge'In such
o~,nr. Such w~r:s s~a:! be app:ird by mongag~e toward the payment of real property tazes, insurance prem;ums, a~~d,_ mor,tgage ~quqrar~ty': insnrence
miums. '
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fN `:~ITPJFSS :';HcR~OF, the sa~d h50RTGAGQR has hereunto sef his hand and seal the day and yea first afp7esaid. _
Signed, Seatec~.d detivlred in the presence of: COj~J~j; x~]~ '~A~
~ -~.jr?`~a- / , " f l[6 AM~~ FECOIt BY: - -t ~ an
. . f~. WGiE :.GUNTr 4 7 ~ ~ (Seaq
; i.T~ _ - - ROGEF ?~):fR~6 l -
I _ - C~ERK ~Ui7 CQURT`j~~ •-1'~ (Seat)
R F. CO R^'~~'.. } i E l5eap
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~ ~p? YO 4 oi PM'7Z ;~~~38z
t
j STATE OF FLORIDA COUNTY OF ST. LUCtE
~ I HEREBY CERTIFY, That on this day of-_ Sentember , A. D. 19 72
i •
' before me personally appeared Kelly Hall a~
~ respectively as President~ _~er=laqc , of
i tGelly Construction Company
, a F loz ida Corporation, to me
~ir.~
known to be the person~ described in and who executed the foregoing instrti~'nent ana,§~e~rally acknowledged the exe-
cution thereof to be t~r free act and deed as such officer= for the uses a rposes t
~po'~~~~ ' herg~r~,me~tioned; and that ?he~
; affixed thereto the official seal of said corporation, and the said instrup~it ,(s t~ act emc~ deec~%ot said corporation.
' ~i
; WITNESS my hand and official seal at Fort Pierce ~~aid coun ;ar~fstate.
; This instrument prepared by - ' -
; Gary F. Ellwood . ~ ~
; First Federal Savings and Loan Notary Public; in,apd~forSfete antl Cou aforesaid.
Association of Fort Pierce, Florida MyCommissionExpires: NOTARYPUBLIC,STATEofFLORIDAstIARGE
MY COMMISSION EXPIRES SEFT. 25, 1915
'~'4 Bonded By Americao 8ankers (nsurance i;o.
' Checked By ~
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` b~°x 20~ ~~~t-i~59
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