HomeMy WebLinkAbout1251 3. to plsce and co~t:nuo~sly keep on the bui:d~r.gs ~ow o~ hereafrer s~tuate on said lar+d and on atl equ~p~»eN and pe~sonally cove~ed by ~his mortg-
t+ge, w~th all p~~m~ums thereon pa.d ~n f~l1, fre iniura~ce in tha us~al srandard poGty form, in s sum approvtd by the MORIGAGEE, and w~ndstorm
~nsur~nce in the uawl s~anda~d pol.cy form, in • sum approved by the MURTGAGEE, in ivch company or canpan~es as ~~e MORTGAGfE may
direct; a~d al{ tire and w;ndstorm insurance pol~c~e~ on any oi said b~ild~ngs, any intereet therein or part ~hereof, i~ thir ayg~egare cv~n aforesa~d w
e~ctess rAereol, shafl :onrain rhe uaval sfandard mortgagee clause w such otFxr ~Iause as the Mo~tgagee may requ~re, ma?ing the loas under sa~d poli-
c~es, each and every, payabte ~o sa~d htORTGAGEE ai ~rs imerrst may appear, and each and every such poncy shall be promptty ass gned and detivercd ~o
eny held by uid MORfGAGEE as furtFrr secur~ty ro said mortgage debe, and, not lett ~han ten (10) days in advance of the expiration of each policy, to da
1ive~ to sa~d MORTGAGEE a renewal thercwS, together with a reteipt fo~ the premi~m of wch renewal; and there shall be np Kre or wind~iam insvrance
F~+~ed a+ ~~Y of said bvild~ngs. ~ny intereat therein a parl lhereof, unless in the form and wi~h the toss psyatle as a(ores3id; and in the event any sum
ol +?wray becomea payahle undrr such policy a poGc~es sa~d MORTGAGEE shall have the op~~on ~o rece~~e and apply ihe same on actount of the indebied-
neaa secured hereby w ro parmit said MORTGAGORS ~o receive and use it w any part ~hereof fo~ otn~•r purposrs, v~~~lw~t ~he~. u~ ws~~in.3 or nnpai.-
~~+9 ++~y equ~ry, t~en or right under w by virt~e of this mortgage; and in the event said MORTGAGORS shafl tor any reason fail fo keep the said premises so
i.^.svred, or fail to de!ive~ p~ompHy any ol said policies ol insurance to sa~d MORiGAGEE, or foi! promptly 1o pay fully any pre~ni~m therefor or in any
reapect fail ro perFam, discharge, execute, effecl, compfete, compiy with and abide by ~his covenanr, o? any part hr~eoi, ~a,d MUkTGAC.,EE may ptacr a~~d
pay for sucb insurence or any pa.t tAereof w~~hout warving w affecting any opGon, lien, equ~ty, or r~gh~ under w by virtue of ih~s hlatgage, and the
tu11 amouA~ ol each u+d e.~ery such paymenf shall be immediately due a~d payable and ahall bear inte~esl from Ihe date thereoi until poid at the ~ate of
n~ne pe~ ce~t~m per annurn and to3ether wirh such imerest shall !x sYUred by the litn of this mortgage.
1. 1o permi), cammit or sufter no waste, impairment or deterioration of said property a any parl thereof.
5. To pay all and :~ngula? the costs, charges and expenses, including a reasonable attorney i fee and cos!s of abstracts of title, incurred or pa~d at
eny time by said MORTGAGfE, because a~n tl+e event of the failu~e on Ihe part of the said MORTGAGOR to du~y, pra~nptty and fully perform, d~scharge.
e.ec~re, efFett, compiete, comply weth antf ab:de by each and every the stipulat~ons, sgreements, conditio~s, and covenants oF sa+d promissory nole and this
moreqage any w e~~her, and sa:d costs, chargea and expense:, each and every, shall be immed~atety due and payab!e; whether w not there be no+~ce dz
mand, attemp~ to co:iecl w suit pendmg; and the (ult amount of each and every such paymem shall bea~ interos~ from 1he date thereof until paid a~ the
rate o~ nine pe~ crntum per annum; aoc.' all said custs, tharges and expenses incurred or paid, together w~th such interest, ahall be secured by the lien of th~s
mortgage.
6. Ths~ (s) +n ehe eweM oi any b.eacb of this Mortgaga or defautt on the part of the htORiGAGdR, o? tb) e~ the event any of sa:d svms of money
heKin reh*?ed ~o be nW prwnp?iy end iully paid within 1h~~ty t30) dayt-~wxs abwr sho same severa:ly become dve _a~d RaYa~le, wi~Fwui demand or noeice, -
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or (c) in t event each and every ~he stipulations, agreements, conditions and covenanti of sa:d promissory note and th~s~mortgage any or either are nol
'rG::~...~ ~ ~ o--• .v°--
f::••''" 's^'~^^a a::har^~ •~~±e!~ !fE«c~~ cmm~leted. tomoiied with and ab:ded by, then in e~ther w any such e~eM Ihe sa~d
~.egate wm mentioned in said promissay note then re~naining unpaid, with interest accrued, and all moneys secured he~eby, shatl become due and pay-
ao~e fcr~hwitty or thereafter, at rhe option oi said MORTGAGEE, as (u1ly and completely as iI al) of ?he said sums of money were a~gina~ly stipu:ated
ra.3 x+ s=~h ~=y. arye~=^~ en S~~!! ~fO.T.iSSMY nete a in this Mortgage to the contrary notwithstand~~~g; and thereupon or thereatter a~ the option of
sa:d MORTGAGEE, w~thovt notice a~iemand, suit at ~aw a in equity, therefwe o~ thereafter begun, may be prosecuted as if all moneys secured i~ereby
n=d matured ptro~ to ~?s irur;rurion.
7_ That in the eve~t that at the beginning of or at any time pending any suit upon this Mortgage, or to fweclose it, or to reform it, or to enforce
Fayrnent of any ciaims herrunder, sa7d MORTGAGEE shall appty to the Gourt having ~ur~sdktion thereof for the appointmenl of a Receiver, such Courf shail
Fo:thwirh appoint a receive~ of said morfgeged p?operfy all and singular, includ,ng all and singu!ar the income, profits, issues artd reven~es from whatever
s~v~ce drrived, each and every of wh~ch, it being expressly unders~ood, i: hereby mongaged as if speufically set iorth and destribed in the granring and
habendum ctauses hereof, ar.d svch Rcceiv~r ahali have alt the broad and effecr~ve funcr~ons a~d pawers i~ anywise entru~ted by a Co~rt to a Receiver, and
s..:h appoin:ment sha:l be made by such Court as an ad~nitted equity and a matter of absolute right to said MORiGAGEE, and /vitnout reference to the
ndequacy w inadequacy of the vaEue of the property mortgaged or to the sotventy or insolvency of said MORTGAGOR w ti~e defenda~ts, and that such '
renrs, proffts, income, issues and revenues shall be apphed by such Receiver accord~~tig to the lien or equity of said MORiGAGEE and the practice of such
[pu~f_ `
8. To duly, promptly and fully periorm, discharge, execute, effect, compfete, comply with and abide by each ar~d eve~y 1he ati~3ufations, agreements,
;o~d;tions and covenanrs in sa~d promissory nore and this moatga~e set fo~th.
9. That in the event rF~e ownership of the mortgaged premises, or any part thereof, 6etomes vesled in a perwn pther than the MORTGAGOR, the
':.ORTGAGEE, in wccesso~s and ass~gns, may, wiihout no~;ce to the h10RTGAOR, deat with such succeuor or svccessar in interest with reference to this
ro~~gage and ttw debt hereby secured in the same manner as with l~Aortgagor w~rhout in any way vit;afing or discharging the l.lortgagors' liability here-
~~+der or upon the deb~ hereby sec~red. No sa~e oi the premises hereby mo.tgaged and no forbearan~e on the pa~~ of the MORiGAGEE or its successors
er auigns and no exrension of the time for the payment of the debt hereby secured given by the MORTGAGEf or its successws or ass~gns, ai:a!! operate
_:-:a~~. ~-.g.~ s..:-?:t; _.,lie.. ~tr J:o.i I~aF,;l *y nf ~hn AM1OQTGAGOR either in
herein. whole or in pert.
10_ It is speufically agreed that time is of the eszence of ~his contract artd that no waiver of any ob~+gat~on hereunder or of the obligat'a~ sN
cvred hareby :hali at any time rhereafter be held to be a waiver of the terms hereof w of the instrument srcured he~by.
11. !n add.t:c~ to rhe iorego'»g R:3nthly payments of princ"~aI and interesr requ~red by the prom~sscry nore s~°cured hereby, mortgagor covenants
~~d agrQes to pay ro rreoctgagee w~th each manrh'y pay~nent an add+~ional sum esrimated by mortgagee ro be equal to 1; 12 of the annual ~ost of the follaw-
,3:
A-AIt real ~roperty taxes iev~ed o• assess~d agai•~st the acove described real estate.
B-Fre!r.;c,ms on fue and windsto~m i~wracce as nerein requ(red to be ca.ried on the improvemenls s~tuate on 3he above d_scribed premises. .
C-Prem~u:ns on such mortgage guaranty ir.surar.ce as mortgagee shall #rcm time to time deem fit to carry on the loan secured hereby_
Mortyaaee s~a~l !rom time to r~me r.otify mortgagor in writ~r.g of the amovnt dve and payable hereunder and such sum shail thereupon be due and ~
c e:ab:e on the due da?e of ihe r.e~et month!y payment and each successive monrh thereafter urril mortgagee shall nority moriga~o~ of a cbange in such
~ ovnf:-SucTi sum`s sF3~*-*Se a~P'[~Q by-~vsartga~~-toward~ke-pa•rrrsent at reat-property-taxes~ :r+svrencrprem~vms; a+xl-a~ortgage-~uxx+sy--iasusanc4--
C'u T71Ufr15.
IN Y/IiNESS NH~.°.EOF, the sa~d MORTGAGOR has hereunro set his hand and sea! the day and year fiist aforesaid.
5+9~+c~d, Sea:ed a.d deliver ~n the ~esence o(: BSNCI~IARK CONS7RI~ pN IP1C ~
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- Sesl)
BY: /8~
? ST_i~:_ :.::~.~x'+Y f~- r on nes~ an
~ ~ . -::45 , res~e~t -
r.=`•.t. ...J.r i.GL'RT ATTBST: --ir- -1.:._ r/,1.>Le~~ J ~
~ ~ . Seat)
' ~ ~ ~ ~ G . ~ . Hutchinson Secretaz
SiniE OF FLORIDA , ` . ~ • Y
S~ 1 3~ PM'73 263215
STATE Of FLORIUA COUNTY OF 5T. IUCIE
1 HEREBY CERTIFY, That on this~ day of_ Septeober , A. D. 19 73 ,
before me personally appeared Vernon C. Rhinesaith and G. B. Hutchinsarf
respectively President and Secretary , of
BenChaark Construction Com~~y~~ Inc a Florida Corporation, to me '
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known to be the persons described in and who executed the foregoing instrumen! and,se~t~allB,~Afc'[rbs~tledged the exe-
~ l!
cution thereof to be th~ir free act ar.d deed as such officers for the uses and purpos`g t~~'I;ahi ,~ro~iFJ;~~nd.that they
affixed thereto the official seal of said corporation, and the said instrument is tb~act;~~~~~Sf'~dd:~rporation. i
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WITNESS my hand and official seal at Fort Pierce , sa~' " A~~~
?his instru~ent prepared by / • ~ ~ '
Gary F. Ellwood %Y~ -
First Federal Savin and Loan '
9z Notary Pubiic, in and for St~e ~`n~,County aforesaid.
Associati~ of Fort Pierce, Fla. NOTAftYf g~tC,yTAT£ ef Flt~R10A at tARGE
My Commission Expires: ~
TAY GOt+::~iS~IOH GX!'tR[S IAN. : 197~
80Adid c'f AitK+K.dr. h~rs I.^.;,;;~r.,,e Cs~
Checked By e_
s~~~218 ~~~E~250
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