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HomeMy WebLinkAbout5499 245326 MORTGAGE Robert L. Fawler 4800 Berw~n_House__Rd. _Coll~ge Park~Maryland 20740 r}~E. mort~;xgoi•, in ca~isideration of the principai sum specified in the promissory note hereafter descrit~ed~ re~- ~•t~i~•rd fmm OL'TnOOR RF.SORTS OF A11iERICA, INC., a corpuration organized and existing under the La~ys ~~f ihe State of Tennessee. the Mortgagor, hereby on this__29th _day of-. September 19 72 , m~~rt~;xk~es to the :~1oi•t~;agee the real property in St. Lucie Count~•, Florida. descriUed as: Lot ?~'0.__55-II in that certain condominium kno«~n as OUTDOOR RESORTS OF ADiERICA AT NETTLES ISLAI~'D. ~s sho~vn Uy plat recorded in the Office of the Circuit Cotn•t in and for St. Lucie County, Florida, in Plat Book 16, page 1:1A through 1J. ~ THIS IS A PURCHASE Di0\EY 110RTGAGE ,ecurit~• for the pa~•ment of the promissoiy note of ~vhich the follo«ing is a copy: installment Note and Disclosure Statement ~ g~,44 ~ e~Q _ RECEIYED IN PAritENT OF TAXES St . Lucf e County , Florida r1UttlR12"~'dn/ $'','~s DUE ON QASS'C INTANGIBIE PERSONAt PROPER111~ at~~x,~ .z pURSUAt~[T TO CiWP'TER 71•134. ~cis oF isi,. September 29, 19 72 ROGER POITRAS ~\~y an4 canctt~~,i CLE C)~ COURT, Sf. LUC~E 00., FIAN F~~r ~'alue Recei~•ed, I, ~~•e or e~er-~-of us prom ~se to pay to the order of OUTDOOR RESORTS OF .a~1ERI('a. INC.. P. O. Kox 1116, Jensen ~ieach. r'lorida, 3345'/. or any oiher piace as &e~oi~er 'Onereoi may /1 ~le:i~nate in ~vriting, the sum ofP?ilie Thousand Nine 8undrecl FOnrtY Four ~ ) Dollars, tt~i. sum being the Total of Payments referred to in the Disclosure Statement below. which includes a FINANCE t'F~ARGE on the amount financed, payahle in 60 equal consecutive monthly installments of ; ~ 165.74 each, and the first installment to become payable on the lst _day of November _ ~ ~ 1~~? , and one such installment to become ciue and payable on the lst day of each succeeding month ~ ~~iitil the whole of said indebtedness (Total of Payments) is paid. In the event of prepayment in full by cash _ -bc~fore the final in~tallment date, the unearned portion of the FINANCE CHARGE shall be rebated under f ~ `hc Rule af 78's. ~ In the e~•ent of default in the due and punctual payment of any installment on this Note for a period of ~ tl~irt~~ (30) days, or if any statement, representation or •~~arranty in any application for the credit evidenced t~~- this 1~'ote is found to l,e untrue in an~ material respect, or in the event THE UNDERSIGNED, WITHOUT ~ THE PRIOR «'RITTEN GONSEI~T OF THE HOLDER HEREOF, SHALL SELL. ENCL'MBER (EXCEPT _ ~'OR ANY MORTGAGE ~'b'HICH 1S SECURITY FOR THIS I~'OTE) OR OTHERWISE DISPOSE OF OR EN- ~ ('L'~iBER OR COMhiIT ANY RKEACH OF THE MORTGAGE OR PERMIT OR SUFFER ANY LIEN TO ~ F:~IST ON THE REAL PROPERTl' PURCHASED BY THE UNDERSIGNED AND FI~TANCED THROUGH 'T'fiE CREDIT EVIDEI`'('ED BY THIS i\'OTE or in the erent of the incompetency, insolvency (howsoever ~ ~~~•idenced) or bankruptcy of anS•one or more of the undersigned, then the entire remaining indebtedness then ~ clue shall become immediately due and pa~•able at the option of the holder hereof without demand, presentment F ~~i• notice of any kind. Any failure of holder to e~ercise said option shall not constitute a~aiver of the right ~ t~~ exercise the same at any other time. ~ - Time is of the essence of this Note. In the e~~ent an~~ installment is not paid when due or within ten ~ ~la~~s thereafter, the holder may collect, and the undersi~,med a~rees to pay a late charge on such installment in - an amount equal to 5`,~~ of such installment or 45. whiche~-er is less, and in the event this Note is collected by - la~~• or throu~h an attorney at la~ or under advice thereof, the undersi~*ned agrees to pay all costs of collection, including reasonable attorney's fees and court costs to the extent permitted by Florida law. ~ Q3 '3 The undersigned and all endorsers or other partie~ to thiG note jointly~ and ~everally transfer, convey and a~sign to the Holder a sufficient amount of such homestead or esemption as may be allowed, including such ~ homestead or exemption as may be set apart in bankruptcy, to pa~~ thi~ note in full, ~vith all costS of collection, and do hereby direct any trustee in bankruptcy having po:se~~ion of such homestead or exemptio~ fo deliver to - the Holder a suf~cient amount of propert~~ or money ~et apart as exempt to pay the indebtedness evidenced hereby~, or an~ renewal thereof, and do hereh~•, jointly and secerall~•, appoint the Holder the attorney in fact for Y:~ each of them, to claim any and ail homestead exemption. all~?~ced b~• law. _ A first mort~*a~?e for the security of the aforesaid indebteclness is retained b~• OUTI)OOR RESORTS OF r; :~~1ERICA, INC., on I.ot tio.~5-IIin that certain Condominium known as OUTDOOR RESORTS AT NETTLES ISLAND. and on any improvements, fixtures or after acquired property added thereon, as shown by plat re- = corded in the Office of the Ci~cuit ('~urt in and for St. I.ucie ('ounty, Florida, in Plat Book 16, page 1:1A n~ through 1J. RO~I! ~0~1 ! r:~F 2~~~ ~ ~ ~ ~ ~ .