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'rn~a INfrRUMtNT PRFPA~En nv~ W~lter E. Davis ST•.20,585 .
ABSTRACT & Ttl~~."' ^ ' ^ FLA.
YO~ 2ND ST. Ft;.:. ~ 7A
MORTGAGE
TFiIS MORTGAGE DEED, executed this 25th. day of September , A. D., 19 72 ~ by
J. A. Kirby, III and Joan H. Kirby, his wife
hereinafter called the Mortgagor, which teria as used in every instance shal2 include the
Mortgagor's heirs, executors, administrators, successors, lega2 representatives and
assigns either voluntary by act of the parties, or involuntary by operation of lav, and
shall denote the single and/or plural, and the masculine and/or f~ninine, and natural
and/or artificial persons, whenever and Wherever the co~~xt so requires or admits, party
of the first pact, to SOUTHERN MORTGAGE ASSOCIATE~,a~corporation organized and exist-
ing under the laWS of the State of Arkansas~ereinaf cer called S~, which tertn as used
in every instance shall include SMA 's successors, legal representatives and assigns, party
of the second part.
WITNESSETH: That for divers good and valuable consideration , and a2so in co~sfd-
eration of the aggregate sum of money named in the promissory note of even date hereWith,
hereinafter described~ the Mortgagor does grant, bargain, sell, alien, remise, release,
convey and confirm unto SMA, in fee simple, the following described property, o£ which
the Mortgagor is now seized and possessed and in actual possession, situate in the
County of st, r.ucie , State of F]orida. to w1t:
Lot 7, Block 87, LA1~IpOD pARK, UNIT NO. 8, according to the plat
recorded thereof in Plat Book 11, page 19 of the Public Records of
St. Lucie County, Florida
TOGETHER with all structures and improvements now and hereafter on said land and the
fixtures attached thereto, and all rents, issues, proceeds and profits accruing and to
accrue from said premises, all of which are included within the foregoing descriptfon and
the habendum hereof; also aIl gas, stear~, electric, water and other heating, cooking,
refrigeratingf lighting, plumbing, ventilating, irrigatinR, and power systeos, machines,
app2iances, fixtures and appurtenances, including air-conditioning, ducts, machinery and
equipment, which are now or may hereaf[er pertain to or be used with, in or on said
premises, even though they be detached or detachable, and together with the abstract of
title thereto, and, if the above described property is now or shall hereafter be used
for coimaercial purposes, then the furniture and furnishings and any repZac ~nents.thereof
which may be owned by the Mortgagor and which are now or may hereafter be located upon
[he above described property.
TO HAVE AND TO HOLU the sa~e, together with the tenements, hereditaments and
appurtenances, unio SMA in fee simple.
AND the Mortgagor does hereby covenant with SMA that~lortgagor is indefeasibly
seized of said land in fee simple; that mortgagor has full power and lawful right to
convey said land in fee simple as aforesaid; that it shall be lavful for SMA at all
times peaceably and quietly [o enter upon, hold, occupy and enjoy said land; that said
- property is free from alI encumbrances; that mortgagor will make such further assurances
to perfect the fee simple title to said property in SMA as may reasonably be requfred;
and that they da hereby fully varrant the title to said land and will defend the same
against the lawful claims of all persons arhomsoever.
NOW,THEREFORE, the condition of this mortgage is such that if the Mortgagor shall
, ~:ell and truly pay unto SMA the indebtedness evidenced by that certain promissory note
of even date herewith, made by the Mortgagor and payable to the order of SMA , in the
principal sum of THREE THOUSAND SEVEN HtTNDRF•D FIFTY AND NO/100---DOLIARS
23,750.00 together ~aith interest (while not in default) at the rate of g~ X,
repayable in equal monthly installments of $ 178.6p including interest, the first of
such payments being payable on November 1, 1972
and shall perform, comply with and abfde by each and every the stipulations, agreeinents,
conditions, and covenants contained and set forth in this mortgage and in the~promissory
note secuted hereby, then this mortgage and the estate hereby created shall cease and
be null and void.
AND the Mortgagor does hereby covenant and agree:
2. To perform, comply with and abide by each and every the stipulations, agree~nents, ~f
~onditions, and covenants in this deed set forth, and in the above referred to
prom? ssory note. .~~a. -
2. To pay all and singular the principal and interest and other.sua~s of noney {~abl ~jc
by virtue of said promissory note and this mortgage, or either, promptl., the ~v
days respectively the sane severally co~e due. - ~
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NOTE: SZATE DOCI~IENTARY STA(~PS AFFIXED TO ORI6INAL NOTE AMQ CJ~N~_~ `
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