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HomeMy WebLinkAbout2875 3. To place and coroinvously kcap o~~ the tui!d~ngs now w hereafter •i~w~e on said lend and on all equipmen~ and per~onally covered by ~his matq~ ~gs, wi~h all premium~ thereon pa,d ~n futl, f~re insurance i~ the usval s~andard polity iorm, in a sum ap~xoved by Ihe MORfGAGEE, and windstorm insurance in tM usual irandard pol~cy iwm, in a aum approved by the N10RTGAGEE, in such canp~ny or companias as thf MORTGAGfE may direct; u+d alt (ire and windstorm insurance polic7es on aay of snid build~ngs, ~ny interest therein or part thereof, in Ihe ~ggrtgate sum ~fwesaid w excess thereof, shatl cw~tain ths usual standa~d mor~gaqee dause a such other clauss +s ~he Ma~pagee may requ~re, makinp the loss under ~a~d po~i- ues, each and overy, payable to said h10RiGAGEE as ;tf in~erest may eppeer, and each and evary ~uch potuy shail be promNriy ass gned and de~~~er.:d to any hetd by said MORTGAGEE aa (ur~her secu~ity to said mortgage debt, and, not Iess than ten (10) days in adva~~ce of ~he expirat~o~ of each poticy, to dr } liver to said MORTGAGEE a renewal thereof, togNher with a receipt fa the premi~m oi such renewal; and ~he~s :hall he rq ii~e o? winds~oJm insuranc~ p~accd on aoy ot sa~d build;ngs, any intrrest there~n o~ pait thereof, unless in ~F+e form and with the lou payabk as afwesaid; snd in the eveM any sum ~ oi nwnsy become= payable under such policy or policias said MORTGAGEE shall have ~he opf~o~ w ~eceive and apply Ihe same on account of ~he indrbted~ { ness secu~ed hereby or to pe~mit ~aid MORTGAGORS lo receive snd use it or any part therroi for osher purposrs, .w~hout th~roo~ wai~i~eg or ~n,pair- ing any equ~ty, li~n or ri9ht under or by virtue of this mo:tgage; snd in the event ta~d MORTGAGORS shall for any reason fait to keep the said premisrs so in~urcd, a fail to del~ver promp~ly any of said policies of insura~ca to u~d MORTGAGEE, or fail promprly to pay futly any prem~um theretw or in any respect fai! to perform, d;scha~ge, executr, efiecl, complete, comply wi:h and abide by this covenant, d any pa~t hereof, said MORiGAGEE may plase and pay fw such insurance or any part thrreof w~thout waiving w aifecting any option, lie~, equity, or right unJer a by virtue o~ this Matgage, a~d the 1~11 amount of cach and every such payment shetl be immed~ately dve and psyable and shall bear interest from the date thereof until paid at the rate o~ n~ne pe? tentum per annum and to~ethcr with such interest shalf be sxured by the tien of thif mortgage. 1. To permit, tammit w suffe~ no waste, impairrtient or deterioratio~ of said property w any part thereof. 5. To pay all and singular the costs, che~ges and expenses, ~nclud~ng a reawnable attwney's fee arul costs of abs?ractt of title, incu~rtd w paid at any time by uid MaRTGAGEE, betause oe in the evene oi tAa failure on +he pa?t of ~he said MORTGAGOR to duiy, promptly and fu11y per(am, d~xharge. execute, eitect, complete, compty w~th and ab:de by each and every the st~pulat~ons, agreen,enh, conditions, and covenants of said prpmissory note a~ ~hi~ { mortgage any or either, and sa~d coats, cha.ges and expenses, each and every, ahall be ~mmediately dve and payable; whe~her w ~ot the~e be no~ice dr ~ mand, art~mpt to coGect w suit pend~ng; and the futl amouM of each and eve?y such payment ahall Eea. interes~ from fhe date thereof until paid at ~he ~ r~te oi nine per cent~m Fnr a~~ium; and all said tosts, charges and expenses inturred or paid, ~oge~ner w~th such intere~t, shatl be setured by the lien of lhis ; mottgaga b. That (a) in the event of any breach of this Mortgsge o~ default on the part of the MORTGAGOR, w(b) i~ the event any of uid sums of money herein referred to be nol promprly and fully paid within Ihirty (30) days next afrer the same severalty become due and payabte, withaur demand w no?ice, or (c) in the evem each and every the stiputations, agreements, condFteans and covenants of sa+d promissory note and thls mortgage any a e~ther are no1 i~ly, promptly and fu?ly per(ormed, d~scharged, executed, effected, completed, compl:ed w7th and ab~ded by, then io eithar or any svcfi evem the said ag gregate sum mentionerl in said p~omissory note then rema~ning unpaid, vrcith interest acc~ued, and aN moneys setured hereby, shall become due and pay- able fo~rhwith, w therea~ter, at the oprion of said MORTGAGEE, as fully and comple~ety as if atl of tho said wms of money were wiginally stipulated +o be pa~d on such day, anything in sa:d promisso~y note w in this Mwtgage ~o the tontrary notwithstanding; and thereupon or thereafter at the opeiort of said MORTGAGEE, without aotice or demand, suit at law or in equily, 1F~erefore w thereafter begu~, may be prosecuted as if all moneys secured hereby nad matured pnw to its iostitution. ' 7. That in the event that at the beginning of w at any time pending any svit upon this Mortgage, w to foreclose it, or to reiorm it, or to enfo~ce payment of any cla~ms he~eundzr, said INOQTGAG~E shalt appty to the Court having iurisd~c~~on thereof for the appo~ntment of a Receiver, such Court :hail fo:thwith appoint a receiver of said mortgaged property all and singular, includ~ng all and singular fhe inmme, proF~fs, issues and ~ever.ues from whatever sou~ce derived, each and every oi wh~ch, it being expressly unden~ood, is hereby marrgaged as if specificaNy set fwth and desvibed in the graming and habendum dauses hereof, and such Receiver shall have all the broad a~d effective funct~ons and powers in anywise entruated_by a Court to a Receiver, and s.ch appointment shall be made by such C~urt as an admitted equity and a matter of absolute right ~o said MORTGAGEE, 6nd wifhout reference to the adequacy w inadeq~acy of tAe vatue of the property mwtgaged o~ to the solvency or insah,ency of said MORTGAGOR a the defendants, and that such renrs, prof~ts, intome, issves and revenues shall be applied by such Receive~ accordi~g to the lie~ or equity oE said MORTGAGEE and the praclice of iuch Court. 8. To dufy, promptty and f~lly perform, d~scharge, execute, effect, complete, comply wilh and abide by each and every the stipulatiau, agreements, conditions and covenants in sa~d pro~nissOry note a:zd this mortgage set forth. i 9. That in Ihe event the ownership of the mortgaged premises, or any part therecf, becomes vested in a person other than the MORTGAGOR, the ` h:ORTGAGEE, ils successors and ass+gns, may, wi~hout no~ice to the MQRTGAOR, deal wiih such successa o~ successor en interest with reterence to this mortqage ard tbe debt hereby secured in the same manner as with Mo~tgagor without in any way vitiating a d~scharg~ng the Mortgagori liability hero- ~ ~~~der or opon the debt hereb~ setured. No sa!e of the Fremise: hereby mortgaged a~d no forbe~yance on the part of the f~tORTGAGEE or its svccessors or assigns and no eztension of rhe rime for~the payment of the deb~ hereby secured given by Ihe MORTGAGEE or its success~s or assigns, shall operata to releax, diuharge, modify change or affect tho original liab:lity o4 the MORTGAGOR herein, eithe~ in whole or in parf. 10. It is specific3~ly agreed that time ia of the essence of this contract and that no waiver of any obligation hereunder or of fhe ob(igateon se- cured hereby shah at any time thereafter be hetd to be a waive~ of the terms hereof or of the instrumem secu~ed he~by. 11. In add~r'o~ to the forego ng monfhly paym~nts of, prir,c'pal and interest required by the prom:ssory note secured hereby, mortgagor tovenanis and agrees to pay to mo:tgagee ~with each mo~:hiy pay+nent an add~rional sum est~n:ated by mortgagee to be eq~al to 1/12 of the annua! tost of the follow- ing: A-All reat property taxes (evied c- asse~:ed agai•,st the a6ove described ~eal esrate. B-Pre:r,;ums on fire and windstorm ~nsurar.ce as here~n requ~red to be ca.ried o~ the improveme~ts sltuate on the above described ptemises. C-Prem~ums on wch mortgage guaranty insvra~~ce as mortgagee shaN from. t:me to time deem fit to carry on the ban secured hereby. Mo~tgaoee sha~l from time to time not~fy mortgagor in writing of the amount due a~d payabte hereunder and such svm shal! therevpoR be due and Fayabte on the due date of ~he next month:~ payment and each suaessive month thereaher ur.ti~ mortgagee shall not~fy gagor of a change in such ~~~~ount. S~ch sums s6a!1 ~e applied by mortgagre toward the payment of real property taxes, insurance ptem;ums, a~ matgage guaranfy iosurance p~emiums. ~ !N VJIiNESS :VHEREOF, the said b10RTGAGOR has hereunto set his hand a~d seal the da a ear ir sai " ned, Sealed a:tid del~vered in ?he p~esence of: FILED AyL' hECVF;DEO F~• ~ ~T ~ORP• ~ ST.tU~~C :s~ikTY FLA. BY: a~ ~ C Ra` ~~~S lie s Presi ent ; ` CIEP.F. i.;;IT !•~URT ' Sea4 i ?r~.,~. ~:~~~,_r, prrEST: ' C (Sea~ ` . n.l.~~ 1 r ` _ ~ - ~u s A el ler as S R~7Y ~ - - - - s t7 , - - - - ; ~~n~ 2'~48~5 STATE OF FIORIDA ~ COU~ITY OF 5T. LUCIE f ~ I HEREBY CERTI~Y, That on this ~_day of_~_ Februaty A.D. 19 7`L ~ • . ~ before me personally appeared D. J. Heller _ a~ Marlys A. He21er f ~~~~~~ti~s~~~~~j. ; respectively ~ President and ~ - Secretary _.~`'.<t"1_ I.,b;~, f ; ~ =J `.a''-,, _Ft. Pierce Construction Corp ~ a Florida , - (~bfp~id~iOn~tO ~ ~ ' ~ 1 G' ' ' known to be the persons described in and who executed the foregoing instr~ment, and severally ackaow ~ the~E~. ~ k~ ~ . - : ~,'~tz,~~ : cution thereof to be their free att and deed as such off+cers for the uses and pur~oses tt~ein mentiop'e'c~; a~t tha y~ _ : ; ~'b.~~o h : affixed thereto the officiaf seat of sa;d corporation, and ihe said instrument is the act and deed~ o~.s~bd~.~orporat~4yt.•.. . ! WITNESS my hand and official seal at ~ort P~erce ~ , said county and state. ~ Th'rs Instruaaent Prepared By J. N. Roberts , Jr . /h f j~''~~+++~~~?"`~~~ ~C.~+1..., . ~ First Fedgral Sa ing~ and Loan Associati ; of FoYt Pierce, ~lorida Notary Public, in and for State and nty aforesaid. My Commission Expires: Norory Pub+:. Sto~e of F'oredo at large /rl~r Commizsion Ex~=+es Oc:. 30, 1976 8ond~d by A~:,e:~c~n "s~re t C•,.vai:y Co. { Checked By _ : - 223 P.~~F 28 ~5 - F E:=~ ~