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HomeMy WebLinkAbout5483 ~ 24531~ MORTGAGE Herbert I, Harris _ 5802 ~ler__St~__ Hollywoo3,~1~.~~4?.1_T, tht~ n~ortgxgor, in con,ideration of the princi~il sum specifieci in the promissory note hereafter describeci. re- ~~~~i~~ed from OUTDOOR RF.SORTS OF AMERICA, INC., a corporati~n organized and ex?~ting under the Laws ;:f the St~ite ~~f Tea~iiessee, the Mortgagor, hPreb~~ on thi~__3rd__~iAV ~f-September 1g72 ~ m~~rtgages to the liortgagee the real property in St. Lucie County, Florid~, descriUecl as: I.ot I`'o._ 259'II in th:~t certain condominium known as OL'TI)OOR RESORTS OF AbiERICA AT NETTLES ISLA\D, as shown Uy p1At recordeci in the Office of the Circuit Court in and for St. Lucie Gounty, Florida, in Plat Book 16, page 1:1A through 1J. THIS IS A PL'ftCHASE AIO\E1 ~fORTGAGE a: :ecurit~• for the pa~~ment of the promissoi•y note of hich the follo~cing is a copy : Instaliment Note and Disclosure Statement RECEIYED S-l-~-~-L! tN PAYMEHT OF TIUl~ ;,,,.,:9,p~~~,,~- DuE oN Ct~?ss •c' I"1T!~NGIBIE PE;iSJ~t~I PROPERiY~ St . Lucie Co _ , Florida ix~d or~~.i ::i r,u:e Pl1RSlIANT TO CHAP'FP 71-134, AC1S OF 19)1. ROGER POITRAS September 3, _ 19~2 snd cancE~;za q,F(p( CIRCUIi OOURT. ST. LUCIE 00., Fl~, For ~'alue Recei~~ed, 1, ~~•e or either of us pmmi5e to pay to the order of OUTDOOR RESORTS OF :1~IF.R1('A, INC., P. O. Box 1116, Jensen Beach, Florida. 33457, or any other place as th holder hereof may 4010 ~~r~,i~,•nate in ~~•ritinfi, the sum ofNine thousand three hundred f3fty nine ( Dollars, t!~i, sum bein~ the Totai of Payments referred to in the Disclosure Statement below. which includes a FINANCE :~iiynvr. i;~c ~~~~ou~;~ ?,~pr::.~~, payable in 60 equal consecutive monthly installments of ! y 155.99 each, and the first installment to become payable on the lst day of November t - ' - ; 19 72, and one such installment to become due and payaUle on the- lst day of each succeeding month ,~ntil the ~~•hole of said indebtedness (Total of Payments) is paid. In the event of prepayment in full by cash i }~~~fure the final installment date, the unearned portion of the FI1~'ANCE CHARGE shall be rebated under ~ ±he Rule of 78's. ~ In the e~ent of default in the due and punctual pa~ment of any installment on this Note for a period of ~ ~hirt~ (30) days, or if any statement, representation or Karranty in any application for the credit evidenced ~ t~~- this Note is found to Ue untrue in any material respect, or in the event THE UNDERSIGNED, WITHOIJT ~ THE PRIOR WRITTEN CONSENT OF THE HOLDER HFREOF, SHALL SELL. ENCUMBER (EXCEPT ~ ~'OR ANY MORTGAGE V~~HICH 1S SECURITY FOR THIS NOTE) OR OTHER~'VISE DISPOSE OF OR EN- ~ t~U:VIBER OR COMMIT ANY RREACH OF THE MORTGAGE OR PERMIT OR SUFFER ANY LIEN TO ~ F..l'IST ON TNE REAL PROPERTY PURCHASED BY THE Ul~'DERSIGh'ED AND FINANCED THROUGH ~ T~iE CREDIT EVIDEI~CED BY THIS ?~'OTE or in the event of the incompetency, insolvency (howsoever ~ e~•idenced) or bankruptcy of anyone or more of the undersiRned, then the entire remaining indebtedness then ~ ciue shall become immediately due and pa~•able at the option of the holder hereof Hithout demand, presentment ~ ~~r notiee of any kind. Any failure of holder to exercise said option shall not constitute a Kaiver of the right p tn exercise the same at any other time. ~ ~ Time is of the essence of this T'ote. In the e~ent an~• installment is not paid when due or within ten : ela~~s thereafter, the holder may collect, and the undersi~,~ned aKrees to pay a late char~e on such installment in ~ an amount equal to 5~~ of such installment or ~5. Khiche~er is les., and in the event this Note is collected by = law~ or through an attorney at law or under advice thereof, the undersiKned agrees to pay all costs of collection~ iricluding reasonable attorney's fees and court costs to the extent permitted by Florida laK. _ ~5 The undersigned and all endorsers or other partie~ to this note jointly and severally transfer, convey and - a~sign to the Nolder a suflicient amount of such home~tead or exemption a~ may be allowed, including such homestead or eremption as may be set apart in bankruptcy, to pa3~ this note in full, ~•ith all costs of collection, and do hereby direct any trustee in bankruptcy having po~se~.ion ~?f such homestead or eKemption,to deliver to = the Holder a~ufficient amount of property or money set a~~art as e~empt to pay the indebtedn~ss evidenced °i hereb~•, or an~• rene~tal thereof, and do hereh~~, jointly and se~•erall~•, appoint the Holder the attorney in fact for `~T each of them, to claim any and all homestead e~emption: allu«•ed b~~ laH. ~ ~ - A first mortgage for thalsecurity of the aforesaid indebtedness is retained by OUTI~OR RESORTS OF a~tER[CA, INC., on Lot No._254_in that certain Condominium known aa OUTDOOR RESORTS AT NETTLES ~3 ISLAl~'D, and on any improvements, fistures or after acquired property added thereon, as shown by plat re- y~= corded in the Ofi'ice of the Circuit ('ourt in and for St. Lucie C'ounty, Florida, in Plat Book 16, page 1:1A n~ throufih 1J. 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