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HomeMy WebLinkAbout0770 BUILDING "D" ~yQ1,~13 / , ~3. TH1S MOR1'GAGE DEFD, made and e:ecutad the l~t~ay of December . 19 ey Neal Balanoff and Lillian Balanoff, his wife of 2285 N,W. 17th Ave., Gainesville, FL. 32605 hereuufter caUsd ths Mortgagor, which term shall include the he've, legal represeatativea, auccsssors and sssig~u of the eaid Mortgagor whe~evrx the conte:t so requires or ~dmiu, to TURTLE REEF AS.SOCtATES, INC.. P.O. Bo: 618, Jenxn Be~ch, FI. 33~57 hereinafter caUed the MoKg~gee, w~hich term rhall ieclude the auecessors and asaigns ot the aai~1 Mortqagee wherever the conte:t ~o requires or edmit~. WITNESS~TH: Thet tor dever~ Aood and valuaDk con~iderations, snd ~lso in rnnsideratan ot the aggreRate sum named in the promissory note oi even dste herewith hereinafter de.+cribed, tAe said MortRagor does hereby grant, bargain, seU, alien, remix, releax, con.•e~ and confirm unto tAe aaid Nortg~geo, his heir~, aucoes,wrs and sssign~, aU the certain piece..., parcei... or trect.... ot tand. of w~hich the s~id Mortgagor ea now seized and ~ poaaeaxd and enactual pos+es~ien. situate in the County ot St. Lucie and Statr. ot Fbrids, de~eribed se tolbws: • q 0.0769 b undivided interest in fee simple absolute as tenant in comnon • in t e certain real property described in the Master Form Deed of Turtl~ Reef Condominiums 1, recorded in Official Record Book 263, Page 2002, subject to m~ divestment as set forth in said Master Form Deed and upon such divestment an ~~~nterval ownership consisting of Unit Weeks 26 and 27 in Condominium D-24 ~ , ~ consisting of Apartment Number ~'24 , and its undivided share of the r' comnon elements of Turtle Reef Condominiums 1, as such is described in said o ~ hlaster Form Deed. This is a purchase money mortgage. t~r c g~ It i~ further agreed between the particy to this mortRage thet, in additan to the terms and rnndit'an~ set :a ^N out herein, if a conveyance shouid be rtwde by the Mortgagor of the premises herein described, or any p~rt thereof, w~ithout firat obtaining both tF~e written consent of the lwlder l~ereut, and an ae~umption ot this obligation, ia writing, by the new proposed Grantea, then, and in thst event, at the optioa of the hoWer he:eof. ~rithoot notice, all aum~ of money ~ecured hereby ahaU, unmediately and rnncurrently ~eith such conveyanee, become due aad p~yebb and said Note and Mortgage ~Aatl be in detault_ TO HAVE AND TO HOLD the same, wgether with all and singular the tenements, her~ditaments and ap purt,enanoes th~reunto belongiag or in snywrix appertaining snd tAe revrr+eon and rtiwersione, remainder ~nd re maind~s, rents, ia~es and profits thereof and also all the eatate, right, titk, interest, property, possession, claim and demand wbatsoever as weU in law es in equity of ihe ~aed Mortg~gor in end w the same and every paet and , parcel thereof unW the said Mortgagee. end his heir~, successors and aasign~, in fee simpk. And said Mortgagor, tor himself, end his heira, lega) represeaqtives, aaece~aora and assigns, hereby oonvenante ' with seid Mortgsgee, his heirs. kgal np~wentatives, succeaeora ~nd a~igna, that aaid Mortgagor is indefesaibly ; xized of said land in tee ~imple: that the said Mortgagor haa tull powrer and lawful rigbt to conveyr the same in fee aimpk a~ aforesaid: that it ahall be lawful for aaid Mortgagee, his heirs. legal repneenqtiv~, successore and aseign~, ; at atl timea p~aceably aod quietly to entez npon, hold, occopy ~nd enjoy ~aid land and every pert thereof: ; thet aaid land is free from all incumbrances: that ~+sid Mortgagor, hi~ heir~, legd repreaentative~, eucceseors end ~ a~aigus. ~rill make such further ae~urance~ w perfect the fee aimpk titk to said l~nd in eaid Mrotgagee, ~ _ ~i '~.is heirs. kgal represcntativea. aucc~sors and assign~. sa may rason~bly be reqnired: and ihat ~aid Morigagor ; t bes hereby tuUy wanant the titk to ~eid land end every part t2?ereof and will detend the ~eme sgainst the ,;y awfiil claims of all person~ whom~oever. ` 3yi it i~ under~tood that each of the words. "note". "mwt , ',r. gaSor'• end ••mortgagee" reapectively and the pmnouns ~~~t eferring thereto. whether in the singular or plural anywhere in thi~ mortgage, ~hall be singular if one only and D i~hall be plural jointly end xverally, it more than one, snd ~hall be masculine, teminine sndlor nevter, wh~rever _ . ° - , ~ . ' :he rnnte:t eo implies or admit~. ~ , ~ ~ ` Aad stid Mort r for him~eli and his heirs, ` t B~?Bo kgal representativea. aua~easore and assigna. hereby rnvenanta and 'T~; igrees to and wiEh ~aid MortgeRee, his iegal reQresentatives. ~cce~ors and aaaign~: ~ . 1. To pay all and ~inguler the princip~l and intereat and the vatiou~ and su '1;~,~ virtue ot ssid romiasory note. end thia mort ~n' of money payable by . ! p gage, each and every, prompdy on the days reepectively the ~eine ~ - ~ ~'7 ;,aeveraUy become due. ` ~ 2. To pay all end ~ingular the tazes, aaxssmenta, levies, liabilitiea, obligatioa~ and incumbrance~ of tvery ; l mwre and Icind no~v on said dexribed property, andror that hereaft~ msy be imposed, sufiered, ptsoed, kvied ~ or asseaxd thereapon, and/or that hereafter may be levied or a~.+essed upon thir mortgsge andlor the indebtednesss M~ secured hereby, each and every, when due ~nd paysbk according to Iaw, beton they become delinquent, aad before any interest att~ches or any pendty is incurred; and in eo t~r ~s eny thereoi ie of record the sams ehall be ~ promptly satisCed end diacharged of record and the original officid document (euch ae, tor inatanoe, the taz rooeipt or the sstisfection paper officially end~sed or certified! ahall be placed in the handa of said Mortgagee wit6in ten d~ya ne:t after pryment and in the event that any thaeot is not so paid, sati~fied and disc6arged, said Mortgegee m~y at eny time p~y the eame or any p~rt thaeof witho~t waiving or effeeting any option, lien, equity or right nnckr or by virtue of tAi~ mo~tgage, and the full amouat of each aad every such payment ~haD be immediately due and payable and ahall be~r intere~t from the date thereof uatil paid ~t the rate of ten pe~ c~?wrn per annum snd tog~ether w~ith auch intereat alull be ~ecored by the lien of t6is awrtgage. 3. To place and continnoasiy keep on the bnildinga now or here~fter eiWete on eaid land fire and windstorm inaurance in the uaual standud policy form, in a eum not kse t5an the amount due hereoa, in such oompany or companiea as may be approved by said Martgagee; and aD suc6 in~rance policies on any ot said bu~7dings, any intenat thereia or part thereof, in thc aggregate ~um eforesaid or in ezcess thereof, ~hall contain t6e usual standud eartgagee claux enalcing the bs+~ under sa~ policies. e~ch and every, peyabk to said Mortgegee as hb interest m~y ap}~ear. and each aad every such potiey s6a11 be promptl~ deliva~ed to ~nd beld by s~id Mortga~ • and. not kss than tan d~ys ia ~dvance of the a~iration ot each policy, to deiiv~r to taid Matg~ses ~ rwrwd / thereof, togethu with s eeoapt tor the pr~mium of eueb renewal; aod theee sh~ail bs no sueb ias~u~nos pbad 7 an ~ny ' ot said buildings. ~ny inte~est therein or part thereof. nnle~s ia tbs form and wit6 ths loss p~yable as ' J ~turesaid: and in t6e evsot any sum of mmery beeomas payable under wch policy or polieies sajd Mo:taa~ ~ aece~vee e fn Paym~~t O~ TaotM ' , = BOQ1i~~ PAGE ~6II' Due On Class C Irtunpibl~~raonNrr~op~lr, purgueM TO Chsptet 7~, i~ i~~ ROGER POITRA$ ~ ` ; C~e~ C~rcuit Court, St. .ucie, Co., Fla.