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HomeMy WebLinkAbout1029 Tha Mortgagor hereby oovenanta ~vith the Mortgagee~ that he is inde~eagibly seized oi eaid ltwd in fee simple or such ot6ar eatate; d any as ia ststed herein; that he hss tull power snd lswiul right to oonvev the anme as sforesaid; that the laad ~s iree ~rom sll encumbraaces eacept as herein otherwise recited; that saidlVtortgagor will make such further assurancee to prove the aforesaid tiWe to eaid lsnd in s!?id Mortgagee as msy be reaeon- sb~yrequired~ and th~t said Mortgagor does Lereby iully wsrrant Lhe titla to said land, and every part thec~eof~ ; ond will defend the same agsinat the lawful claima of all pereone whomaoever. ° Paovinsn ALw~~re t6st if the I~iortgagor shall psy uato iha Mortgagee thst oertain promiseory note, oi ~ ~vhich the following ia ~ subatantial copf, to wit: i ~ = 24~ ppp, pp Fort Pierce i December 28 ~ 19 73 . FOR VALIIZ RECSIYSD, t6e un~reigaed promiee(s) to psy to ~ J. T. STh~TART M~RTCAGE QOI~ANY~ INC. . . , a oorporstion or6saised and e:ietina under t6e bwe of the State of Florida ~ or order, the principal eum of TW~NT3C FOUR THOi1SAI~ID APID N0~100 Dollars (i 24, ooo. oo ..ith int~erest irom date st the rste of ELGHT APID ONE NAIF P~ P~ aanum on the unpaid bslanoe until paid. The eaid principal aad interest ehaU be psyable st the o~oe of J. T. STEWART NDRTGAGE COMPANY~ INC. 100 MLRAC7~ ML?~ ~ ~ OORAL GABIES ~ FIARIDA , or at wch other plaoe as the holder msy deeignste in writin6 delivered or mailed to the debtor, in monthly inscallmenra ofONE HUrID~D ET(~iTY FOUR and 56/iQDollsre 184. 56 commencing on the first day of February , 1974 , aad ooatiauing oa t6e first day oi each month thereafter until thia note ia fully paid, ezoept t~rst, if not eooner paid, the finalpsyment of principal snd interest shall be due and paysble on the firat dsy of January : , 2004 . priv~'1ege ia reserved to prepay at any time, without premium or fee the entire indebtednees or any part thereof not leea thnn the amount of one u~stallment, or one huadred doliars (i100.00), whichever ia lees. If any deficiency in the paym ent of any instsllment under this note ia not made good prior to the due dste of the next such inatallment, the entire principel sum end accrued interest ahall at once beoome due and ~p- able without notice at the optson of the holder of this note. Failure to eaercise this option ahsll not oonatztute a waiver of the right to ezem,ise tLe ssme in tLe event of sny subeequent default. In the eventi of defsult in the payment of thia note, snd if the same ie collected by sn attoraey st law, the naderaigned hereby agree(s) to pay all coats of collection, including a reasonable sttorney's tee. This note ib secured by mortgage of even date eaecuted by the undersigned on c~artain property deecribed therein and representa money sctually used for'the acquisition of said property or t6e improvemente thereon. Presentment, pmtsst, and notic:e are hereby waived. Do~ald Dennis Deilv [gg~L] DONAI~ DENIl~IIS DSILY [s~?L] i [s~~ f i ~~L~ ~ And shall dul mm tl and full rform discharge e~cecute effect oom lete and com 1 with and abide ; Y, P P Y, Y Pe , , , , P ~ P Y ~ by each and every the stipulationa, agreements, conditions, and oovenanta of eaid pmmissory note and of t~is ~ mo*tgage, then thia mortgage and the estate hereby created shall ~se snd be null and void. T6e Mortgagor further covenants as follows: 1. That he willpa y the indebtednesa, as hereinbefore provided. Privilege ie i'~aerved to prepsy at any time, without premium or fee, the entir~ indebtednesa or any part thereof not leas thaa the amount of one installment, or ~ one hundred dollars (i100.00), whichever is lesa. ~ 2. In order more full~ to protect the securit~ of this mortgage, the Mortga~;or, together with, and in addition to, thr inonthl~ pa}-menta under the terms of the note secured hereby, on the first da~ of each month ~ until tt~e saicl notc is fu~l~ paid, will pa~ to the Mortgagee, as trustee, (under the terms of Lhis tn~st as herein- after statcd) tt~e following sums: ` (a) A sum equal to the ground renta, if any, next due, plua the premiuma that will next become due and psyable ' ~ on policies of fire and other haaard inaurance covenng the mortgaged property~ plus taxes and as~ssmenta next due on the mortgaged property (all as estimated by the Mortgagee and of which the Mortgagor is notiSed) leas all suma already paid ther~for divided by the number of months to elapee before one month prior to the date when such ground renta, premiums, taxes, and assesaments will beoome delinquent, ~ such suma to be held by Mortgageeintrusttopaysaidgroundrents,premiums,taaes,andspeciala~ssments. ~ (b) The aggc~egate of the amounta payable pursuant to subparagraph (s) snd thoeepayable on the note secured ~ hereb , ahall be paid in a sangle payment each month, to be appLed to the foltowing items in tbe order ~ ~ atat : , ~ (I) ground renta, taaes, easeasments, fit~, and other hasard insucaace premiums; ; (II) interest on the nobe secured hereby; and (IIn amortisation of the principal of said note. ~n~ Any deficiency in t6e amount of suchaggregate monthly paytnent ahall, unlesa madegood by the Mort- ~ gagor pnor to the due date o[ the next such psyment, const~tute an event of default under this mortgage. At tiortgagee's option, Mortgagor will pay a"late charge" not exceeding four per centum_(4%) of any instaU- - ment when paid more than Sfteen (15) de,ys after the due date thereof to cover the extra expense involved in ~ ~ handling delinquent ~ayment~, but such "late charge° shall not be payable out of the proceeds of any sale T~~ made to satisfy the indebtedness secured hereby, unless such proceeds are su~cient to d~scharge the entire indebtedness and all proper r.osts and expenses secured thereby. 3. I~ thc total of the pa~•ments made b• the Mortgagor under (a) of paragreph 2 preceding shall exceed t}ie amount o[ pa~-ments actuall~• made bv i~e Mortgagee, as trustee, for ground rents, taaes and asaessmenta, and ii~surance premiums, as the case ma~ ~be, such excess shall be credited on subsequent pa3-tnents to be made jz=; b~• tt?e :liortgagor for such items or, at Mortgugee's option, as trustee, shell be rnfunded to Mortgagor. If, however, suct? monthl~ pa~ments shall not be sufficient to pg~ such itema when the same shall become due and pa~-able, then the :liortgagor shall pa~ to the Mortgegee, as trustee, anv amount necessary to make up the de~icienc~~. Such pa~-~nent sLall be made within thirty (30) da~s atter written notice trom the Mortgagee stating the amount of the deficiencs, which notice m b'ven by mail. If st any time the Mortgagor ehell ~ e0oK2~~ PaCEI 2 - _ ~ ~ : ~ ~ - - _z °-r : - ~ ~ . _ _ _ ..r_ - ~