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HomeMy WebLinkAbout2245 2~~39s ~ THIS INOENTURE, AAadt ihe 7th ~y o( Februarv , A.O. 19 74 - between Benchmark Construction Company, inc., a Rlorida Corporation ; of St. ~"UC @ County Florida, he~einaf~et dcsignated aa the "MORTGAGOR," •nd FIRST FEOERAI SAVINGS AND IOAN ASSpC1ATION Of FORT PIERCE, a twporation wy~~ized ~nd existing u~der the laws of 1M United Ststas of Ameriu ~~d Mvinq iri prirxipat plac~ of 's buuness i~ tM City of Fort Pierc~, St. luca Gounty, Florida, hcreinafter designated as tM "MORTGAGEE:' WHEREAS the MORTGAGOR is jwtly G+debtsd to 1Fw MORTGAGEE in the sum of s 29 ~ 600 - 00 , 9~ a~ lawful money of the Un;~ed ~ S~ates advanced by ths MORTGAGEE unto the MORTGAGOR, as evidenced by a cenai~ promiuory note of even date herewith, of which the foifowing in ~ words and figures is a trw copy, to-wit: s 29.5?~ • ~ ~ 10020626 ~ fort Piac~. Florida, ~ eb r ua r y 7 19._Z4 Fw valve received, 1, we or either of us, promise ro pay, wiihout defalcation, to ihe order of FIRST FEDERA~ SAVINGS AND LOAN ASSOCIATION OF ~ FORT PIERCE at Fort Pie~ce, Fbcida, the sum of S 29 ~600. w~~h interest from date at the rate of 9• 2~ per an~um, in monthly install• ~ ments as folto-~s: s 254.~~ o~ the 2~th day of ~y 1974 and a like sum on the cwrespo~d~ng day of each month there- ~ airer uMil the who(e be fully paid. ~ Each installmenf first shall be applied in payment of the interest and then on the ~npaid balartce of the printtpal sum. If default is made in the F:ayment of any installment when due, and such default continues 30 days, then at the option of the holder, and without any other notice, all the remaining ~ ;~~stallments shall be d~e and payab!e at oMe. P~ivifege is given to prepay this note in whole or in pa» at any f~me without penalty. Neither forebearance, nor acceptance by the hotder the~eof after any default in arty paymentt hereon, shall be deemed extens~on. A late payment charge of S~ shall be added to each instaliment remaining v~paid 7 days after iri due date, arsd a like sum shall be added to each avch instailment remaining unpaid 7 days after each sotteeding paymenl date. Each maker, surety and endorser hereof, jointty and xverally, waives demand, presentment protest and notice of protest fo~ nonpayment, and further agrees to any extensiw~ of time of payment, either be(ore or after ma+uriry, without norlce to any of us; and to pay all costs of colledion, includ:ng a rea:onable attaney's fee in the event of any defauit here~nder, and hereby severally waives all benefif of homestead and exemption under the conalitution and lativs of each State oi the tlnited States, as againat this obligation or any extmsion or renewat he~eof. BENCHbtARK CONSTRUCTION OOi~ANY INC. ; Witneu the hsnd sod sea( of each party. ~ BY • s/ Vernon C. Rhiaesmith, Pres~~nt ~orporate Seal Affixed ~ ~ ~~j cs~?u $ 44.40 ATTEST: s/ G, B. Hutchinson; Secretar~u s ( ~ State Rerenuc !~rJmp! ZsnRttld tfN~Pigirtaf f~dTeT . NOW, THEREFORE, the MORTGAGOR iw the purpou of securing payment of iaid sum of s ?9i bOQ . OD and the Perfwmance of the covenants and agreements hereinafrer expressed, and for dive~s good and valuabfe considerstions, by these presents, does qr~nt, aavp~in, ~ell, re~nise, re~ease, convey snd confi~m unto the MORTGAGEE, its succeuors and aui9ns, atl that certain bt, pieta w psrce) of Isnti, situate, lying, nnb be~na in the County of St . Luc ie snd State of Florida, dewibed ss follows: ~ ~ The South 33.3 feet of Lot 9 and all of Lot 10, Biock 45, SAN LUCIE ~ PLAZA , as per plat thereof on file in Plat Book 5, Page 57, of the Public Records of St. Lucie ~ounty, Florida,~ ~ r ~ STATE ~F FL aZ OpCUMENIARY,~--~ ~ R f G~- ~ ~ DEPI.~EYENUE ; ~,STI~yjA 1 I ' ~ TM _ pa - ~E~s ~ i•le i.~~~~~~ : 4~ t ~ . 4 0 o_ -~~to2 ~ ~ 6 1N PAYMENT OF TAXE~ j RECEiYE~ DUf Ort CLl1SS 'C INTANGIBLE PERSOiU1t PROPfRiY. ; ~R T jp ~{pp'TER 11-134. ACTS Of 1911. /r! j ROfER P017RAS ~ ; ~ ~ CtERK CIRCUfT CWRT, S1. U1CIE CO., flA ; ~ ~ Y ~ rogether with sII and singular the teneme~t;, hereditaments and appurtsnces thereunto belonging w in a~ywise appertsining thereto, and all renri, iuues, ~ proceecis and profin scuuing arx! to scuue from said premises, all of wKich are included in the sbove ~nd foregoing description and habendum. s ; TO HAVE AND TO HOID the above dcscribed a~d granted prcmises unto the said MORTGAGEE, its succeuors and auigns forever. And tM aid ~ N10RTGAGOR for 1tS - he;rs, executon, administrators and auigns, hereby covenanri with the said MORTGAGfE, its :uccesson ~nd assipra, ~ rhat lawfully seized of the said prem~~xs in fee simple; that the same are free, ckar and dixharged from sll liens and encvrtr brance~ in Isw or in equity, and that lt W~~~ 1t5 ?Ki~s sbal) wsrrant and defend the title to the same to the said MORTGAGEE, its successws a~d augns, forever sgainst the iawful claims and demards of all perwns; PROVIDED, ALWAYS that if the MORTGAGOR shall pay umo the MORTGAGEE the pror~issory note hereinbefore dewibed and shall truly, prompHy and fully perfwm, d~uharge, e:ecute, comptete, canply with and ~bide by each snd every the atipulations, agreements, conditions ~nd tovenanti of isid pro~nissory note ~nd of this Mortgage, then fhis Mortgsge and the Estste hereby created sM~l te~se and be null and void. IT IS UNDERSTOOD tMt the wwd "Mwtgagor" whether i~ the singular or plural anywhere in this Mortysge, ihall be singular if one only and ! ihall be plural jointly snd severally if more than or?e, and that the word "their" ss used ~nywhere in this Mortgays shaN be faken to mean "his;' "hen;' or "its," whereve~ the context so implies or ~dmin. Also, thst wherever there is s referente in the covensnri snd sgreements herein tontained to any of ' rhe parties hereto, tF~e same ahall be cautrued to mean ss well as the heirs, legal representstives, successwt and suegns (either wtumary by ad of the parties or inwtuntary by operation of the law) of the same arxl fhat the covenants herein contained shall bind and the benefits and advarosgas inure~ ~ to the respective hein, legal representatives, successors ~nd ass~gns of the parties hereto. ~ And said Mo?tgsgors, fw tF~emselves and their hei~s, legsl ~epresentatives, iucceuws and assigns, hereby joiMly snd severally cove~snt and a9ree~ ~ ro and with the s~id 1NORTGAGEE, its successors and suigns: ~ _ 1. To psy all ~rtd singular the printipal and inte~est and the various and sundry wms of money payable by virtue of said prom~ssory rrote, and this o4.. ' mo?tgaye, each and • every, promptly on the days respettively the same uverally become due. - 2. To pay aH s~c! singvlsr the tsxes, assessmenn, {wies, lisbilit~es, oblig~tions and encum6~a~ces of every natwe and kind now o~ said desaibed ~ - property, or that hereafter may be imposed, iuNered, plspd, levied, o~ auessed thereort, a that I~eresfter may be levied a ~sseued upon tha Mwty- - age, a the indebtedneu secured hereby, each and every, wh~n due and psyable, ~ccwdirg to law, before they become delinquent, and before any intaest ~ ~ a+taches or any penalry is incurred; AND WSOFAR AS ANY THEREOF IS Of RKORD 7HE SAME SHAtI 8E PROMPTtY SATiSfIED AYD DISCHARGED OF 7=.. ~ RECORD AND THE ORlGIhAL OFFICIAt ~OCUMENT (SUCH AS, FOR INS~ANCE, THE TAX RECEIPT OR TFIE SATISfACTION PAPER OFFICIAILY ENDORSEO OR CERTIFIEO) SHAII BE PIACED IN THE NAND$ OF SAIp MORTGAGEE WITHIN TEN DAYS NEXT AFTER PAYMENT; and in the event thst a~y thereof is not oa~d, tat'sfied ~nd dixherged sa:d MORiGAGEE may ~t any time pay the same or any part the~eof without waiving or affecting any option, lien, equity or •iqht under or by virtue of this mortgage and the fvll amount of each a~d every suth payment ah~ll be immedistely due and payable sr?d shall besr intertst ' ~•om thc d~re thereof until ~d at rate of n~ne r centvm 9~ ~ p+' pe per annum and together w~rh such interest ihafi be secured by the lien of th's mor t e. $