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HomeMy WebLinkAbout2850 r 3. To place and continuousiy keep on the bui!d~ng~ now w hereafter utuate on sa~d land and on ali eqv~pment and personally covercd by th~s mortg- age, w~th all prem~ums ~he~eon pa~d in full, f~re i~surance ~n the usual srandard pol~cy form, in a sum aFpro~ed by the MOR~GAGEE, and windsrorm insurance in the usual seandard pol;cy form, in a sum approved by the MORIGAGEE, in such company or companies as the MORiGAGEE may direc~; and all fire and vr~nds~orm insurance polic~es on any of sa~d build~ngs, any inte~es~ the~ein or part thercof, in the aggrega~e s~m aforesa~d or in excess thereof, shall contain the usual standard matgagae claux a such othe~ c~auss as 1he Mortgagee may rcqu~re, maAinp the Ioss ~ndr. sa~d poli- c~e~, each and every, payab!e ~o aaid MJR7GAGEE as fts ~roeres~ may appear, and cach and eve~y such pol~cy shall be p~omp~iy ass gned and de~ivered ~o sny held by aa~d MORTGAGEE ~s further security to sa~d n,ortgage debt, and, not less than ~en (10) dayi in ad~ance o( the expiratio~ of each policy, to dr Irve~ ro said MORTGAGEE a renewal thereof, toge~her wiTh a rece~p~ fa the p~emium of such renewal; and ihare shall be ~o f~re or windsro~m ins~rance placed on any of said buildings, any interest the~ein or pa~t thereof, ~nless in ~he form ~nd with ths loss p;yable as a4oreu~d; and in ~he eve~t any s~m of money becomes payable under s~ch polity w policies said MORTGAGEE shall have tM opt~on Io receive and appty the same on account of the indubted- oeu xcured hereby w ro permit sa~d MORTGAGORS fo reteive and use it w any pait thercof tor o:i~er Hurf~osrs, v.nnout ih~~.u~ waivi:y or ~~~~pa~r- iny any equity, Uen w r~ght under a by virtue of this mor•gage; •nd in the eveni sa~d MORTGAGORS shatt for any reaso~ iail to kerp ~he sa~d premis=s w insured, or lail to deliver promptly any of said poiicies of insuronte to said MORTGAGEE, w fail promptly to pay fully any pre~»~u:n therefor w in a~y re~pect fail ro pe~twm, d~scharge, execute, effed, complete, comply with and ab~de by ~hls covenant, or any part hrreof, said MGRTGAGEE may piace a~~~ pay fw such insurante or any part thereof without waiving w affecting any option, lien, equity, or righ~ under or by virtue of this Mwtgage, and the full amoum of eech and every such paymenf :hall be immediately due and payable end :hall bear interest from ~ha date thereof un~il pa~d at the ra~e ol ni~e {xr tentum per annum and to~ether with such interest shali be scc~red by the lien Of this mottgage. To permit, commit or suff~r no waste, impairment a deterioration of said property w any part thereof. 5. To pay all and ~ingula? the coats, charges and expenxs, including a reasonable +norney's fee and costs of abstrads of t~tte, incur.ed o~ pa~d at any time by uid MORTGAGEE, bccause or in the event of the failure on the part of the wid MORTGAGOR to duly, prornptly and f~lly perlorm, d~scharge. - execute, effect, comptete, comply w~th and ab:de by each and every the stipulanons, agreemenrs, condii~ams,-and-covenants of sa~d prom~ssory note and ~his mwtgage any o~ eitha, and »~d costs, charges and expenses, each and every, shall be immediately-due and payable; whether or not fhere be no~~ce de mand, attempt to collect or suit pe~ding; and the full amovnt of each and eve?y such paymem shall bea+ in~eresl from ~he date thereot until paid at the ra~e of nine per centum pe~ annunr, and all said costs, charges and ezperses incurred or paid, toge~her w~~h such interest, shall be secured by the lien of thit mortgage. 6. That (a) in the event of any bresch of this Mwtgage w defautt on fhe part of the MORTGAGOR, or ;b) ~n the event any of satd sums of money herein refcvred to be not p~omptly and ful~y paid within thirty (30) days next after the same severalty become due and payabte, wi~hout demand o~ notice, or (c) in tht event each and every the stipulations, egreements, conditions and cove~an!s of sa:d promissory note and th~s mortgage any w e~ther are not ~uly, promptly and fully performed, d:uharged, exetuted, effected, comp~eted, complied with and ab~ded ~iy, then in eifher or any such evenf the aa~d ag gregate sum mentioned in said promissory note then remaining unpaid, with interest accrued, and all rrfoneys sec~red hereby, shall become due and pay- abte forthwith, a thereafter, at the opf~on of sa~d MORTGAGEE, as futly and completely as it all of the said sums o4 money we~e ongina~ly st~pu~ated ro be paid on such day, a~ything in sa:d promisswy nole or in this Mortgage to ihe co~rrary notwithstandi~x}; and ~hereupon or thereafte. a~ ihe option of ia;d MORTGAGEE, without notice or demand, suit at law o? in equ~ty, there(ore or thereafter begun, may be prosecuted as if all moneys secured hereby nad matured pnor to ~ts institutfon. 7. That in the event that at the beginning of or at any time pending any suit upon this Mortgage, or to foreclose it, or to reform it, or to enforce payme~t of any claims hereunder, said MORTGAGEE shall apply to the Court having ~ui~sd~ctio~ thereof for the appointment of a Receiver, such Court shail forthwith appoint a~eceiver of said mortgaged property all and singular, includ.ng aIl and sing~lar the income, pro(~ts, issues and revenves from whatever scurce derived, each and every of whrch, it beirg eapressty uhdenrood, is hereby mor~gaged as ~1 speuiically set fwth and dewibed in the granting and i,abendum ctauses hereof, and such Reteiver shalt have all the broad and eifeu~ve func~~ons and powers in anywise entrusted by a Court to a Receiver, and s~ch appointment shall be made by such Court as an admitted equity and a matter of absolute r:ght to said MORiGAGEE, and without reference to the adequacy w inadequaty of the value of the property mortgaged or to the so:vency or insofvency o( said MORiGAGOR w the defendants, and that such rents, profits, income, issues and revenues sF~all be app~ied by such Receiver accord~ng to the lie~ w eq~ity oi said A10RTGAGEE and the practice of such CouA. 8. To duly, promptly and fully perform, discharge, execute, effect, complete, comply with and abide by each and every the stipulations, agreements, conditions and covenants in sa~d promissuy note and this mortgage set forth. 9. That in the event the owrtership of the mortgaged premises, or any part thereof, becomes vested in a perwn other than the MORTGAGOR, the h'ORTGAGEE, its successors and asi~gns, may, without norice to the MORTGAOR, deal with such successor w successor in interest with reference to this rr.o~tgage and the debt hereby secured in the same manner as with Mortgagor w~thout in any way vitiating or d~scharging the Mortgagors' liability here- under or upon the debt heretry secured. No sale of ~he prem]ses hereby mortgaged and no forbearance on the part of the MORTGAGEE or its successors or ass~gns and no eztension of the time for the payment of the debt hereby secured given by tFw MORTGAGEE o+ its successws or assigns, a~iatl operate to release, d~uharge, modify change or affect the original iiabil;ty of the MARTGAGOR herein, either in whole w in part. 10. It is specificalfy agreed that time is of the essence of this contract and that no waiver of any obligation hereunder or of the obligation se- c~red hereby shall at any time therealter be held to be a waiver of the terms hereof or of the instrument secvred herby. I1. In add;t~o~ to the forego:ng rr~cnthly payments of princ pal and interest requ~red by the prom;swry no!e secured hereby, mortgagor covenants and agrees to pay to mo:tgagee v~ith each month!y payrnent an add~~~ona~ sum est~~,a~ed by morrgagee to be equal to 1, 12 of the annual cost of the foilow- ~ng: A-Atl real property taxr: levied o+ assrssed a9ai+ist thc above descr;5~d r~al estate. , 6-Prem~u~ns on iire and windstorm insurarce as here~n requ~red to be carried on the improvements s+tuate on the above descr~bed premises. C-Premiums on such mortgage gvaranty insu~a.~ce as mortgagee shall from t me to time deem fit to carry on the foan secured hereby. Mortgagee shail from t~me to time notify mortyagor fn writing of the amount due and payable hereunder and svch sum shail thereupon be due and N.~yabfe oo the due date of the next monthly paymeN and each successive month thereafter ur.tit mortgagee :hall notify mortgagor of a change in such a~:ount. Such sums sha:! be applied by mwrgagee ~oward the payment of real property taxes, insurance prem;ums, a~~d mwtgage guaranty insurance premiums. IN TNESS WHERE the said MORTG GOR has hereunto set his hand and seal the day and year first afwesaid_ i ed, Seale a eliver i t e pr ence of: ~ l=, i 2/ tSeal) ! {Seaq ` _ 1~rt~ ~ _/~„~if~ (Seal) y - - ~ (Seaq ? STATE OF FLORIDA ~ COUNTY Of St . Lucie ~ ~ 1 ~ . s Before me penonally appeared Dav~d E. SIDlt~l and ~ Denise B. Smith ~ ° ~ his wife, to me well known and known to rr~ be the individusls described in and who executr,d the foregoing lnstrument, and acknowtedged before me that they executed the same fvi the yxir~otes , ~ Denise B. S~ith • - ' ~ rherein expressed. And the said_ ~ Davi E. Smith • ~ ~ r,~fe of the said upon a stpirate and ptivate . ~ examination by me taken separate and apart trom her said husband, atkrw~wledged to and before me that she executed said instruinmt~fielly.a+}~ volurt- - ~ rarily and w~~hout any compvlsan, constraint, appre eon, or fear of w from her said husband. ct: , • ti- . ~ WITNESS my hand and offiual seal thi day of - L~ 19~.~. " < _ i t. : ; i . z\ Notary Public in and for the te of Ftorida 4Y L;r~e £ My Comrr~iss~Q~! e]cpires: i • Return Ta ' ` - 'y':E ~ first Fede~al Savings 3 Loan Associat~on ~ ' ' '-s» :7 ~L" - - ;•i FGrt Ferce. _ . ••~~4 ~1[ iv:.c: ~.1 ~..:.n~f~ ~u-~Jid~l:0 CO . , 3 Fort Pierce, Flor~da ~ This Instrument Prepared By R. L. Stutz ~~~Ep~p;+RECOR0E0 - First Federal Savings & Loan Association ST.IUCI~ ~4UNTY flA. `4 of Fort Pierce, Florid2? P.OCEF F~•.'RAS ` CLEF K C~~ CUIT COURT ~ aEC^~ ~ vf~~-~c~ - Checked By 6 G Q, FEe 13 10 ~s AN'73 ~ R~~~xZ1t~ F~~~2~~7 24'7'710 r ~ . . . ~ - - - . _ . _ ~ - - - . __,,c: _i~~s € z - ~ ~ ~ ti,r_ y _ ~ _ . _ ~ ~ ~ ._~n