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HomeMy WebLinkAbout0451 - .av v , THIS INDENTURE. Mad~ th~~ 313t' _ day of March A.D. 19_~K~ between 1 _ ~+eter C. Smith and Dolores Ann '~mith~ his Wife, ~ _ of ~B(~A Cov~ty Flaida, hereinafter designated as 1he "MORTGAGOR," and FIRST FEDERAI SAVINGS AND LOAN ASSOCIATION OF FORT PIERCE. • mrpaation wpanized and exiitiny under the laws o( the United S~a~~s of Ame~ica and Mvlnp itt principal ptacs of bu~ines~ in 1M City of Fort Vier*s, SI. lucie Counry, Flaida, hereinafter de~iynafed a the '"•MORTGAGEE." WHEREAS tM MORTGAGOR is juitly indebtfd to 1he MORTGAGEE in the sum of;_u?t2~•~~ good and lawful money of the United Sfatet advanced by the MORTGAGEE unto Ihe MORTfisAGdR, afevidenoed by~a certain promissuy note of even date herewith, oF whith the followin~ in orda and figures is a trve copy, !o-wi1: ~ ~ 7~~0~?.00 ~,~p_ 1~02121s~ fwt Pierte, Fia~d., March 3~,,L __19~_ For value receivcd, 1, we o~ either of us, pro~m~qise ~to pay, without defalcation, to the order ot FIRST FEDERAt pSAVINGS AND LOAN ASSCKIAIlON OF ~ FOR~ PIERCE at Fort Pierce, florida, the sum of S~-[~-~ ~ with inte~est (rom date at Ihe rate of~'~°.~o Per annt~n, in mu~.thly inftall- ~•:enro as iol!ows: 5--~~!~-- on the ~~h day of MaY 19~_ and a like sum oo the carespor.d~~g day of each rr,u~th tF•etr airer until fhe whole be fully paid. Each installment (irat shall be applied in payment of the inte~est and t{~en on the unpaid balance of the p?incipal s~m. If tle!ault is made in the F sy~nent of any inatattmen? when due, and su:h default continues 30 days, then at the option of the holde?, and without any otrler ~otite, all the remaining ~~~sratlments ihall be due and payable at once. Privilege is givtn to prepay this nofe in whole or in part at aoy time withouf penalty. Neither f1o-rebearance, ~ ~ar accepfance by the holder lhereof after any defauit in any payments hereon, shall be deemed e:tension. A late payment charge of S_19~u , shall be :ddrd to each ins~alimem rcmaining unpaid 7 days after its due date, and a Iike sum shall be added to each suthinstallmeM remaining unpaid 7 dayt after each succeeding payment date. EacA maker, surety and endwur hereof, jointly and severally, waives demand, presentment protest and rtotice of proteaf fw nonpayment, ~nd furthet a3rees to any extension of time of payment, arther before o~ aftsr maturity, without norce to any of us; and to pay all costs of collection, incl~diny a ~~.,ionabfe attornzy's f¢e in the event of any default hereunder, and hereby severally waives all benefit of homestead and exemption under tM constitufa~ , d laws of each Srate of the United States, as against this obligation or any ex~emion or renrwal hereof. Wiiness the hand and seal of each party. " S/ Peter C. Smith ~EAq ts~?i) S/ Dolores Ann Smith ~~U , _ ~70• 80 ~ 5tate Revenoe t~~ t6?e~npre~~eeNed-onbriginsi~nsle}- ~ NOW, THEREFORE, the MORTGAGOR fo~ the purpose of securing payment of said sum of j~7~2~•~ , ~~d the pe?formance of the ` cevenants and agreements here~naiter expreued, and fci divers good and valuabte conaiderationf, by theu presents, does graM, baryain, sell, remise, t r~,Iease, convey aod confirm unto the MORTGAGEE, its successors and assigns, all that certain lot, piece ot psrcel of land, situate, lying, and bein~ in ihe I Luc ie i County of St • and State of FbrirJa, desvibed a~ follows: ~ rondominium Parcel No. 23f~ of CAPSTAN I, according to the Declaration of Condominium thereof recorded in Official Record Book 232, at pages 619-?ll of the Public Re cords o£ ~t. Lucie ~ounty, Florida, a~~ y_~~/ _oa33 - DDO~b ~L'BJ~'CT to terms and conditions of said Declaration of Condominium, the Articles of Tncorporation, By-Laws, and Declaration of Covenants and Restrictions of Ocean '.'illage Property Oimers~ Association, Inc., With which terms and conditions the mortgagor covenants t4 comply and perform. ~ a dE i ; b~ Sl-ATE ~F FL.OF~IDA ~ ~ ~ COCUhtENFARY~^~:-.-,~ S-1AMP r y[~ `~~~~91 i " •I , X ~ [ ' UEPT. Gi HEVEHJ~~''~~' - ! _;r 'n - : y~~-~ _ a~:; ~E ~ ! Km ?8- 7 0 8 ! ~~~.\~~~il,~~ ~ tV- ~ - ,~'y - . O 1 ~ ~ to c~`~ER S . v~' ; R ~ - ~~2^ ~ ; ~ . . . . . - ~ ~ ~~~~i d~`~~ ~ ~ . . . . . 7~~~ ~ ~cge~her wlth all and singutar the tenements, hered~tame~ts and appuNances thereonto be{onging or in anywise sppertain3ng tlxreto, and sll rents, luues, r.~oceeds and profits accruing and to accrue from said premises, all of which are included in the above and foregoing description and habend~rm. ~ TO HAVE AND TO HOLO the above desvibed and granted premises unto the said MORTGAGEE, its sutcessws snd suiyns forever. And 1FN said :'CRTGAGOR fw - heirs, executws, administrators and assigns, hereby tovenants with the said MORiGAGEE, its successors ~nd ~uiyro, ~ •r ai --~~-s3-re lawfully se~zed of the said prem~ses in fee simple; that the same are free, dear and discharged from all liens u~d encverr t-a~ces in law o~ in equ~ty, and that t'h83T will and their heirs shall warront Bnd defend 1M title to the same to the said $ t'.ORTGAGEE, its successors and assigns, fwever against the lawful claims and demands of sll pertons; ; PROVIDED, ALWAYS that if the MORTGAGOR shall pay unto the MORTGAGEE the promiysory note hereinbefore described and sFull truly, promptly a-.d fully per(orm, discharge, execute, complete, comply with and abide by eacn and every the stipulations, ~greements, conditions a~d covenanri of said ~ : ro~,~~ssory rwte snd oi th~s Mwtgage, then this Hlortgage and the Estate hereby ucsted shsll cesse and b~ null and void. s ; IT IS UNOERSTOOD that the wwd "Morrgagor" whether in ~ne singular or plural anywhere in this Mortgaye, sh~l) be singul~r if one only and Sha;l be 'urol intl and severall if more than one, and that the word "their" ss used sn here in this Mort k P~ Io Y Y yw yage sMll be faken to mean "his," "hers;' ~ ~ "~n;' wherever the conteat so implies « admits. Also, that wherever there is a reference in the covenanri and sgreements herein contained to any of ~ rr.e parties hereto, the same shall be construed to mean as well as the he~rs, legal representatives, iuccesson and auigns (eiti~er wluntary by act of fht ~ ;;a~ties w involuntary by operation of the law) of the same and that ~he covenaots Fxrein contained shsl) bind ~nd the benefit~ and adwNeyef ioua ~ ~ •o rhe respective heirs, legal representatives, successors and au'gns of the partiei hereto. ~ And said Mort rs, for themselves and their heirs, I gago egal representstive~, svccessors a~d auigns, hereby jantly a~d severally covenant and ayree u~ ~o and with the said MORTGAGEE, its successors and ~ssigns: ~ ~ 1. To pay all and singular the priocipst and intereit and the various and wnd~y sums of rtwoey payable by virtue of wid promissory note, ~nd thit ~ -~-ortgage, each and every, promptly on the dsys respectively the s~me severally becortie due. ~ 2. To psy +II and aingular the taxes, auessments, levies, liabilities, obligations and encumbrances of every nature and ki~d now on said describsd ~ properry, or that hereafter msy be impoted, suffered, plated, levied, w aueued thereon, w thaf hereafter may be levied a usefsed upon this MorTy- ~ age, or tF~e indebtedness secured hereby, each and every, when dve and psyable, sccording to Iaw, before tf~ey become delinqueM, and before any i~terat at a+~zches w any penalty is incurred; AND INSOFAR AS ANY THEREOF IS OF RKORD THE SAME SHAII 8E PROMPTLY SATISFIEO AND OISCHARCaED OF ~p R~CORD AND THE ORIGINAL OFfICIAI DOCUMENT (SUCH A5, fOR INSTANCE, THE TAX RECEIPT OR THE SATISFACTION PAPER OFFICIALIY ENDORSED 0~ OR CERiIFIED) SHAII BE PWCED IN THE HANDS Of SA10 MORTGAGEE WITHIN TEN OAYS NEXT AfTER PAYMENI; and in the event fhaf any thereof is not ~ Fa~d, sat'sfied and discharged sa:d MORIGAGEE may st any time pay the same or any part Ihereof witho~t waiving w affecting a~y opfion, lien, equify or •~Ght under or by vir~ue of this mortgage and the full amount of each and every such payment shal~ be immediately due and payable and shall bear intere» jrom ~F.~ da~e ~^~~ec! d~~ *are of nine per centum per annum and together w;th suth inte~est shall be ucured by Ihe lien af th s r+,o~gtage. f ""'~`Y'~~~-'~.~ ~ - - - - z , . 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