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HomeMy WebLinkAbout2146 . THIS INSTRUMENT WAS PREPAR~D BV: ~ JOHN N. SUTH6RLAND. ATTORNEV ~ 1~26 • 20TN STREET, VERO BEACH, F1.A, THIB ~(ORT(}A~$ DSED, raaas aaa e:ecutea tee 30th oL January 73 1~--.-. by. ClaY'CtiC.4K....Cr..:....~S~4.W..~~~~......._ .................»...._.._........._..._.._......_.............................__r...._»_......_.._.........._~ bereinatter called the Mortgagor, whicb term ahal! include tt.e heirs, legal tepreaentatives. succesawr~ and aasigTu ot the said Mortgagor wherever the context ao requires or e?dmits, ~ Richard S. Shlomberg. an undivfded.l5/40ths; Ge~:bQ M~ Harris, an undivided 10/40ths : ~ Lester~~P. ~~Roth, an undieideci 9%4Uths; anci ~Saul 11'[. ~Pasternack. an undivided 6/40ths -g1i--gs~•rterne[ntar~~tn--~nm~r ' hereinafter called tbe Mortgagee, which term shaU includc L2ia htiex legal repreaentatives~ ~ucceasor~ and aasigas oi ttte said I?iortgsgee wherever tha coniext ao requires or admita. W1TNE33E'1'fi: That for divers good and valuable oonsider~ttons, and alao la conslderation oi the aggre- gate auin named in the promiaaory note of even date herewith hereina[ter described, the satd Mortaagor doe~ henby graat. bargain; sell, alien. temise. release, convey and confirtn unto ths said Mortgagee, hta helrs. eucceaaors and asaigns, ali the certaia ptcce....~ parcel... or tract... of land. of wtuch We aaid Mort~agor fs nrn? a~ised and possessed and in actual passession. aitaate in the County oL.... St~ LuCle ~d 3tats oi Florids. daicsibed as tollowa: TRACTS "N" ,"O" and "P" of CORAL COVE BEACH SECTION ONE , a subdivision in St. Lucie County, Florida, according to the Plat thereof, recorded in Plat Book 11, at Page 30 "A" and "B" of the Public Records of St . Lucie County , Florida . This is a purchase money second mortgage and is subject to that certain mortgage from Richard S. Shlomberg to Elton Meltzer, Ralph DeCoveny and Benjamin S. Kalnick, dated June 29, 1970, recorded in Official Record Book 185, page 1914, and re-recorded in Official Record Book 185 , page 2? 15 . public records of St . Lucie County, Florida, which mortgage was in the face amount of $150,000.00. This purch$se money moMgage and the promissory note hereby secured represents the unpaid balance of the purchase price of the above-described property and the Mortgagor shall not be liable for a deficiency judgment in the event of a foreclosure proceeding upon this mortgage, and the sole security of the promissory note shall be this mortgage on the above-described property . Should any default oecur in the note and mortgage securing same which mortgage is~above identified as the mortgage recorded in O.R. Book 185, page I914 and re-recorded in C1.R. Book 185, page 2715, such default shall be and constitute a default in the mortgage and note secured hereby which is herewith made and executed by. the mortgagor, Clarence C. Edewaard. Together with praperty described on exhitit A attached. Mortgagor does not warrant title to said propezty. j TO HAYE AND TO HOLD the sama, together with all and singular the tenemeata, heredltamenb and s~ ! purtenances thercut?to belonging or in anywiae appertaining and tt?e reversion aad reversiozu, nmaiader aaA nmaindere, rent~, iasuea and ptorits thereoi and also all the estste, right~ qtlq tnterea~ property. possessioa. ` claim and demsnd whs.t~oever aa well in Lw ae in equity of We said Ltortgagor !n and to the same aad every part I ~nd parcel thereof unto the asid Mortgagee, and his heirs. successors aad aasigns~ fa iee simple. And aaid Mortgagor. for himself. and his heira, legal representatives, succeaeori and assigns, henby coven. ~ ants with said Mortgagee, hts heira. legal representativea, succeaeors and assigna, that sald Mortgagor L inds~ feasibly sdzed of ~aid land in fee eimple; that the said l+tortgagor hai full power aad lawiW right to convey ths same ia fee aimple as aforesaid; thst it ahall be lawful for said Mortga,g~ee, hfs heirs. legal rep~tstivea, suo- cessora and as~ign+, ai all times peaceably and quietly to enter upoq bold, occupy and en~oy said laad and ever~ part thereot; that said land is tree trara aU incumbrancee; tbat ~sid l~ortgsgor. hls heirs, legal repnsentative~. j auccessors and assign~, will make such turther a~aurances to perfect the fee simple tltle to sald isnd in sal0 Mortgagee, his heirs, tegal representatives~ succeasors and aaalgas as map reasonsbly be required; md that aaid ~ l~tortgagor doea hereby fully warraAt the titte to aald IAnd and every part thereot and will detead the ~sms agairut ~ the lawful ciaim~ of all person~ whom~oever. - PROVIDED ALWAYS, That !f aatd Mortgagor ahall psy unto the sald ]dortgage~ the csrtafn prom,iisor~ i note. of whlch the tollowfttg Ia worda and ngurq 4• trus copy. to-wtt: ~ ~y O ~ / G IN PAYNEi~ OF TN~S ~ Dl1E OiY C1/1SS 'C' II~tTM16181E PERSONAI Pf~PER1Y, f PURSlIANi 10 CFiI1Pi~a 71•134, ACTS OF 18)l. ROu"E~i P011RA; CLEIS( CIRCU(T OOllRT, S1. LUCIE 00., FlA ~210 ~2i44 ~ ; _ . _ . - 1__~~.~