HomeMy WebLinkAbout1504 deed ot tnist shaA oontinue as a Uen on euah Property and improvements as iully as it euch improvements had
r+8mained in the oondition in which they were w1~en the lien hereot 6rst attached thereto.
(10) It publication oi notioe of sale heraucrder be withdrawn by request of the Grantor, all ezpenses of the
Tniatee with a fee !or his attorney in preparation and publication of such notioe shaU be p~aid by Grnntor on de-
mand.
(11) By tLe e:ecution and delivery hereof, Gran bor beoo~nee t~es~ent ot ths ~ustes and any euooess,or in
trust hereunder uatil a foreclosure sale be hetd as bereinafber pravided for, at a rental oi one aent per month, p~y-
able monthl,y in advanoe on demand, upon t6e oondition that the GranSur and all peisoas claiming or occupying
~id pra~i~es throu~h dr uudar them~ ehall p~y snid aAOntlily reutal on demand and surrender peaoeable possession
ot eaid entire preiniees to the 'l~rustee os aqy su~oes~or to him as 'I~~stee herennder. or_ to the purchuser at a~y
foreclosure sele hereunder. within tea c~ys after such sale and without aqy notioe or demand for such poss~sion.
(12) Neither the taking ot additio~l or substituted eecurity ~for the pa,vment of the indebtedness hereby
aecured from time to time, nor t:~e failur~ to exem.ise the option to aooelerate the maturity thereof in c~se of de- j
tault hereundet, iwr the extension of maturity oi said indebtedaess by agreennent with any subsequent awnesr(s)
of the afoe+esaid or additional or substibited security for the payment oi such indebtedness, or at~y modification of '
aqy ot6er ternn or oondition of the note secured hereby or of t6ia insdument, nor the releese in whole or in p~rt of i
s~? ProPerqr oonstituting sec~irity in tavor of ~e Le~der securing the pe~yment ot the indebtedness hereby se-
c~u+ed~ whether created by this instnm~ent or othezwiee, ehall release or diminiah the liebility ot the Granbor tor
pqyment of the nobes azui indebtednees hereby eecured, or impair the eecurity or sights of the Lender.
(13) Althoug6 the 75rwstee or any suooess~r in trust hereunder may be or beoome an agent or ofticer ot,
attorney for, or othe~vvise connec.~bed with the Lender or aqyr subseque~t owner or holder of the aforesaid secured -
nobes and indebbednese. yet such 7~ustee may act hereunder and any sud~ c;wner or holder, including the Lender,
msy bid for and P~~ ~Y P~Pet~,Y +~old he:+~uuler, as if such 1~vsbee ~rete entire~y diainterested.
(14 ) No waiver of any breech oi aqy agre~nent herein ooatained shsll be taken as a waiver of any subse-
qu~t breach oi the same or aqy otl~er such agr~ement; ansi ev~ery rig6t, privilege and option of the Lender herein
ahall be ooatinuing and may be emrcised wbenever authorized here~ulder. as ful~j? as on the ~rst aocn~al of We
ri~ht b~ eo~ercise the seme. The e~ercise of a4Y oPaan, Power ai appaint~nent or aubetitnNon herein siven, may be
throug6 aqy e:ecutive offioer for a oorporation, or the duly appointed attorney in fact of an individual.
(lb) 1~is Deeci ot'I~ust is e=ecuted on the ~presa oondition that in the gvent ot sale, transter or conv~ey-
anoe of ffie properly described herein by Grantor to any othez perao~, corporation or entity without the written
approval ot Lender, or if Grantor sball make an assignment for the ben~eHt oi creditors. or if a reoeiver be ap-
pointed for Granbo~ or an~q pait of tbe mo~rtgaged properb?. or if Graaboc ~les aqy petitio~ or institubea any
prooeedings or ie adjudicated a baniQUpt under any state lawa for the reliei of d~ebt~rs or the federal b~nknigtcy
Lws o~ tbe United Statee, then. on the bappeaning of any o~e or more of su~ ev~ts, the whole of the indebtedness
sewred by tbis mstniment me~y at any time theniatte~ be declared dns and pqyabZe at ~oe at tbe option of
Lender. The ~oe af one or mure paymmt~s on the it~clebbedneaa eec.vred her8by, if made by others than
Grenbor, will not oonstitute appmval by Lender of any sale, transfer or aonveyanoe of the property de~cribed
herein or a waiver oi I.eader's right to aooelerate the maturity of the indebbedness sec~ured hsreby.
(16) In addition to the installmeat paiiyments pmvided for under tbe terms of the note eec~u+ed hereby
and to ins~re oomplit?noe with th~e oo~veosnts (3) and (4) abov~, Granb~r further oovenants and agrees to pay to
tbe I~eudgr on the day of earli month. be8~~8 .
aa~fth (1/12) oi tbe annual charge agau~st the above deecribed PropertY for state, eonnty and municip~l
tazes and assesements, eeaeral and special, and one-twelfth (1/12) of the estunated annual oost of insuranoe
ot the improvemeats tliereo~ as hereinbefore required, all as estimated by the Lender; and upon its demand in
writing, promptly to aenoeit.vith tbe Lender ~y? aroount in ea~oeas ot saia payment, whid~ shau be required to
psy any ~ tazes, a~enta or insuranoe when same shall be due. Z1~ese payments ahall be lield in tn~st by
Lender, will not beu interest, and shall be applied by Lender to p~yment of g~eneral and special tsaes and assess-
ments and insurance premiume a~ they beoome due. In the event the s~ms so paid by the Grantor her~under shall
~t be sufficient to paY aqy st~ch g~neral or special taa or a~nent or insuranoe premium when due, Grantor
ehall oa notioe Erom Lender pay the de~ciency? to Lender, whic~ shall then pa}t the general or specietl taa essees-
~ memt or insuranoe premium then d~~e. In case of default of any of the temos of this Deed of 15n~st, the abov~e funds
~ deposited with Lender oanetitute additionel ~ecurity for all indebtednese eecured hereby end may be applied by it
i as a credit on the indebtednees eecured hereby-
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~ NOW IF the said note and interest thereon be ga id when due, and the agreements by the Grantor herein
~ oontained be faithfully loe~rt aud perforn~ed, then theee presents, including the lease hereinbefore oontained, shall
` be void and the property hereinbefore oonveyed shall be released from the lien hereof at the cost of the Grantor;
~ but if default be made in the paymeat of said note or any psrt thereof or sny of ttfe interest thereon when due and
payable aooording to the tenor of said note or this instrument, or in the faithful perfornaanoe of any of said
agr~emente herein oontaineci, tl~ea tl~e whole oi said note ehall, at tl~e optiAn of the hol~r(s) thereof, beo~me
~ dae and p~yable at once wit6out notice and be paid as here;nafter pmvided and (whether or not any unmatured
! iixlebtedness be eo declared due and payablel this deed shall remain in foroe and the Tn~stee, or his suocessor
appointed as hereinatter Pravided. maY Proveed to ~ell t he prvperty hereinbefore deecn'bed and any and every
~ part thereof at public vendue. to the highest bidder for cash, at the front door of the Circuit
r Court flouse oi St. Iucie County, in Port St. Lucie
~ F1oTid8 , after giving at leest twenty (20) days'public notice of the time, terms and plaoe of sale, and
`s the pmperty to be eold, by adverkieement in son~e newspaper printed and published in said aaunty, or after giving
E notice for the minimum period and in the maiu~er pmvided by statute fot s~ch sales at the time oi such notice; and
4 upo~n suc6 eale ahall executs and deliver deed(s) oonveying the property so sold to the purchaser(s) thereof, and
any statement or recital of fact in aqy such deed (s) shall be prima facie evide~oe af the truth of such statement or
G recital, and eaid Tn~atee, or his suooeesora in said hvst, shall reoeiv~e the pruoeecls ot said sale. out of which he shall
~ pay in the follaaving order: ( I) Caets and ezpenees of eFecuting ~e trust created and evidenoed hereby, includ-
= ing the n.4ual and reaeoneble compeneation to the Tn~bee, his agents and atborneys, for all serviaes rendered 'm '
~ oonnectian with the trust estabe and the eale thereof; (2) All monies with interest thereon as herein provided, i
~ which me?y hav~e been eapended under the tetms oi thie Deed of Z~uat byaqy o~wner or legal holder of the note and ?
t ciebt he:~eby eewred and not e~videnoed by aay note: (3) AnY Peat due and sacrttied. unp~id 'mterest on said note
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