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HomeMy WebLinkAbout2675 , 26~~1~ . 4, THIS INDEN~URE, Madu the- 12th day of T~t~er ~ _ A.D. 19_.73_, betxeen _ TAYWR CREfiK MARINA, INC., A Rlorida Co~poration of ' St. WCle ,~o~nty Flwida, here~~afrc~ desy~~aied ~s ~he "MORTGAGOR," and FIRS~ FEDERAI SAVINGS AND IOAN ASSOCIATION OF fORT PiERCE, a corporation organlzcd and caist~ng undr~ ~he laws of Ihe Un~ted Sta~Qt of America aod having Hs p+incipal place of bwineu in tM City of fo~t Pie~ce, St. tucie County, Flwida, hereinaftr~ destgna~ed as the ':MORTGAGEE" WHEREAS the MORTGAGOR is jusNy i~debted to the MORTGAGEE +n ?he sum of j 17S~O0O~ ~ t~ood and lawiul money of ~he Un ted S~ates advanced by the MORiGAGEE unto the MORTGAGOR, as evidrncc:d by a certain promissory note oi even date herew~th, of wh:ch th~ (ollowi~g in words and /igurcs is a true copy, to-wit: s 175~000.00 No 1002U4QZ Fort Pierce, Flwida, ~etober IZ ~y 73 Fw va~ue received, 1, we or e+ther of us, prom~se to pay, without defa'ca^on, to ~he order of FIRST FEUERAI SAVINGS AND LOAN ASSOC(ATIO~I Of FORT PIERCE at Fort Pierca, Florida, the sum of S 175~~~~.00_.__.__ w;~h interest irom date at the rate of 1O. _°o per annum, ~n monthly i:~s~ail~ •-,ents as ro~~o„,,: 51,689~~0 2OLTIday of ~rCh 19__74_ and a(ike sum on the correspond~ng day oi each mor.th thzra- ~rrer untii ~he whote fx fufty pa~d. Each instalk~¢nt fint shall be app6ed in payment of t6e interest and then on the unpaid balance of the p~inc paI sum. If default is made in the ~ ~;~neot of any instatlment when d~e, and such default continues 30 days, then at Ihe opt~on of tix ho(der, and w~thout any other notice, ail rhe rcinain~ng ~~stal:ments ahall be due and payabte at once. Privi;zge is given to prepay ~h;s note in whole or in part at any t~me without penaity. Neither forebearance, no~ acceptance by the holder thereof aftr~ any deiautt in any payments hereon. shall be deemed extension. A late payme~t charge of s_84.45, shall be ~d ied to each im~allment remaining unpa~d 7 days after its due date, and a ~~ke sum shall be addrd to each such insta~ImeN remaming unpaid 7 days afttr e~ch succeeding payment date. . Each maker, surety and end~fser hereof, jo+ndy and severally, waives drmand, prrsentmem protest and notice of protesl iw no~~payment, and fur~her ayrees to any ex~ension of hrne of paymeM, eithrr before w after maturity, •Hifhcut notlce to any of us; and to pay a? cos~s of cot{ection, ir.ciud:ng a raasonable atto~ney's fee in the event of any defau't hereunder, and hereby seve~aEiy ~.va~ves aN benefit of homestead and exemption under the conatitution .~^d laws of each S~ate of the Umted States, as against ihis obGgar~on or any earrns~on or renewal hereof. w~f~eu ~he hand a~d sea~ ot each p~~ty. TAYIAR CREEK MARINA~ INC. BY: S/ Arthur P. Byal, Pr¢sident (SEAt) Pre ~$EA~?nt Corporate Seal Affixed ATTEST:S/ Patrick B. Lally~ Vice ~~j $262 . 50 ) State Revenue (i1a1f1~li?~11C!lltl~ ~ ~ii ~1RIi!) NOW, THEREFORE, the MORTGAGOR for the purpose of securing payment of sa~d sum of = 175~~~~~ , and the performance of the covenants and agreements hereinaf?er eapressed, and fw divers good and valvab!e considerations, by theu presents, does gront, barga~n, sell, rem~se, ~.~'ease,_;onvey and conf~rm unto the MORTGAGEE, its successors and ass~gns, all that certain lot, piece a parcal of land, situate, lying, and beirr~ in the :eunry of $t. ~LlCle , and State of Fbrida, desuibed as follows: The point of beginning being an ~ron rod at the Southeast corner of the lands convey+ed by ~OP.T PIFRCE PORT AND TERMINAL CQMPANY to FORT PIERCE DR?DOCR AND TERKINAL COMPANY, as per deed recorded in 0. R. Book 35, Page 33, of the Public Records of SL. Lucie Count~r, ~'lorida, said lands lyir?g South of Canal C-25 and East of the FLORIDA EAST COAST RAILWAY COMPANIC main lines, and being a part of Section 3, To~,rnship 35 South, Range 1t0 East, in the Citq af Fort Pierce, Florida, thence :vn South 78° 21' S0" West along the Sauth line of FOP_T PIEACE DRYDOCK AND TERMINAL COI~ANY lands 200.38 feet to a concrete monua~ent; thence Yvn North 15° 9' 33" T~1est along a line parallel to and 200 feet Flest of and, measured perpendicular fro~ the East line of aforesaid F'ORT PIERCE DRYDOCK AND TERMINAL C01~1~NY land, 626.52 feet to a cancrete monument an the South right-of-xay of Canal C-25, thence r~m North 85~ 48~ 41" East along the said South right-of-~ray of Canal C-25, 203.72 feet to an iran rod on the East Iine of aforesaid FORT PIERCE DRYI)OCK AND TERMINAL COM- P~NY lands, thence South 15° ~9' 33" East along said East line 600.07 feet to the point ~ o£ beginning: Contafning 2.816 acres. The within legal descriptian is in accordance with snrvey completed March 11, 1973, bY James A. Kirby, Registered Sarveyor (Florida) No. 2391. ~ ~Tl-~TE Fl_.~~:«;~~ { ~!jDi" !3~~.UME!`?ARY` f-=;'.~ STl1.MF' 'r"._~ ~ ; . ' RE[~IYtD i~=' IN PAYMiE1n oF T1ntE~ r£v~^+uF ~~:=e 1 ; cuE oH cuss ~ i~r~u+si~ ~ason,~ P~ER~r, _~;T ~~•,s~ Z 6 Z. 5 0 i ~ !!2lt5AtA(iT TO CH11P'Elt 7t-134. ACTS OF 191 . _~il8•~ 3 ROGER POITiG.C '7.G ~ ~ ttLllR GIlCNI~ COURT, Sf. LUCtE CQ. fUl ~ S together with all and singular the tenements, hered~taments arid appurtances thereunto belonging or in anywiie appertaining thereto, and all rents, iasuei, I proceeds and profits accruing and ~o accrue from said premises, all of which are included in the above and foregoing deuriptio~ and haber~dum_ TO HAVE AND TO HOID the above described and granted prem~ses unto the said MORiGAGfE, its succrssors artd assegns forever. And the ssid ~ htORTGAGOR fu I t~------ heirs, executus, adminisfrators and ass~g~s, hereby covenants with the said MORTGAGEE, it~ s~cceuo?s and a~sign~, ' ~ rhat - lt ~ S----- lawfutfy seizfd of the said prem~ses in fee simple; that the same sre free, clear a~d discharged from al) liens and encurt+~ ; bra~ces in law or.in equity, and that 1L W;~~ a~ 1tS heirs shall wsrrant and defend the title to the same to the said c MORTGAGEE, its successors and auigns, forever against the lawful claims and demands of all persons; PROVIDED, ALWAYS that if the MORiGAGOR shall pay unto the MORTGAGEE the promissory note hereinbefore deuribed and shaN truly, promptly ~ and fully perform, discharge, execute, compiete, comply wirh and abide by each and eveiy the stipulations, agreements, conditions and tovenants of said ~ promissory note and of thia Mortgage, then this Mortgage and rhe Estate hereby created sha11 cesu and be null and void. ; IT IS UNDERSTOQD that the word "Mortgagoi' whethe? in the singular w plunl anywhere in this Mwtgage, shall be singular if one onty and f~ ; shatl be plural jointly and severally if mwe than o~e, ar+d that the word "their" as used anywhere in this /~Aongage shall be taken to mesn "his;' "hers," i~ ; M o. "it:," wherever the context so implies o? admits. Also, that wherever there is a reference in the covenants and agreements herein contained to sny oi o ihe parties herero, the same shall be co~strued to mean as weil as the heirs, legal ~epresentatives, successws snd assigns (either volunrary by acf of the parties or involumary by operarion of the !aw) of the same and that the covenants herein contained shall bind and the benefits and advantages inure ~ to the tespective heirs, legal representatives, successors and ass~gns of the parties hereto. ~ ~ And said Matgagors, for lhemselves and their heirs, legal representatives, successws and assigns, hereby jointty and severally covenant and agree ~ i ro and with the uid MORTGAGEE, its sutcessors and assigns: Y i. To pay all and singular the principal and interest and the various and sundry sums of money payabte by virtue of said promissory note, and this ~q f mortgage, each ~nd every, promptly o~ the days respcctively the same severally become due. Os° i Y. To pay all and singular the tsxes, assessments, levies, tiabiliries, obligations a~d e~tumbrances of every nature and kind now on said described p:operty, or tFat hereafter may be imposed, sufftred, placed, levied, o~ asxssed thereon, w that hereafter may be levied-w assesxd upon this Matg- age, w the indebtedness secured hereby, each and every, when due and payable, according to law, before they become delinquent, and befwe eny intcrest attaches a any penalty is incurred; AND INSOFAR AS ANY THEREOF IS OF RECORD THE SAME SHAtI 8E PROMPiIY SATlSfIED AND DISCNARGED OF RfCORD AMO THE ORIGttVAI OFFICIAL DOCUMENT ~SUCH AS. FOR INSTANCE, THE TAX RECEIPT OR THE SAiISFACTION PAPER OFFICIAIIY ENDORSEO .^.R CERTIFIED) SHAII BE PLACEU IN TNE HANDS OF SAID MORTGAGEE WiTNIN TEN OAYS NEXT AfTER PAYMENT; and in the event that any thereof is not pa~d, saYSfied and d~scharged sa'd MQRiGAGEE may at any r~me pay the same or any pert ?hereof without waiving or affecting any option, lien, equ~ty or ~~~ht under w by vi:t~e of this mo~tgage and the full amo~nr of each and every s~ch payment shall be immediately due and payable and shail bear interest ~•om the date fhe~eof until pa:d ar rate of n~ne per centum per annum and toge~her vv~th s~ch interesr sha!! be secured by the )ien of th's morgtage. ~ ~ , _ _ - . , ~ ~ ~r ,.,_<..z~~