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HomeMy WebLinkAbout0463 `~9~155 BUILOING "D" ~ f THt3 MOR7'GAG~ DEED, m.ae .na e:~~cea c??~ 1th a.r or ` January , 19 by Manuel Ronald Virata, Jr. and Catherine G. Virata, his wife of 1660 N. Banana River Dr., Merritt Island, FL. 32952 MranRftet caUed the Mottgagor, which t~arm shall iaclude the heirs, kgat repressntatlves, succea~on aud as~igeu of ths said Mortgagor wAerever the conte:t so requires or ~dmits. co TURTLE AEEF AS.SOCIATE3, INC., P.O. Bo: 618, denaen Beach. FL 33~57 , heroinaftet called the Mortgagee, ~rhich term sAaU inctude tAe ~ucceasora and aa+igns ot t!u ~aid Mortgages wherever the contc:t so requirea o~ admits. WITNE3S~TH: That tor dever+ good and veluebk conaiderationa, and also in considentan ot the ~gqrrgate sum named in the promiasory aete of even date herew~ith hereuufter dencribed, the said Mortgagor does hereby ~ant. bargain, ~eU, alien, remise, release, convey and eontirm unto the ~aid Mortgagee, ~i~ Aeiro, aueoeaeors and a~igns, aU the certain piece..., parcel.... or tract.... ot land, ot which tAe eaid Mortgagor is now seized and . pos~eu~ed snd ituctual posaeasion, aituate in the County ot St. Lucie and State of Fbrida, described aa iolbws: q 0.0769 ~ undivided interest in fee simple absolute as tenant in common in t e certa~n real property described in the Master Form Oeed of Turtle Reef Condominiums 1, recorded in Official Record Book 263, Page 2002, subject to ~ divestment as set forth in said Master Form Deed and upon such divestment an interval ownership consisting of Unit Weeks 48 and 49 in Condominium D-4 . consisting of Apartment Number D'4 , and,its undivided share of the ~ m comnon elements of Turtle Reef Condam niums 1, as such is described in said ~ GIl~iaaster Form Deed. This.is a purchase money mortgage. a, v m~ Q`r: a o~ It is further agreed bet~reen the partiea to this mortRage that, in addition to the terms and condition~ eet c ~ Qut 6erein, it • eonveyance ~hould be made by the btortgagor of the premi~ herein dexribed, or any part E t1C o~ t. without first obtaining both the wrritten conaent ot the holder hereof. and ~n a~sumption of Ehi+ o obtigrtan, in writing, by the ~w proposed Grantee, then. and in that event, at the option ot the holder hereof. ~ V~ithwt notice, all sume oi money eecured hereby ahall, immediately and ooncurrently with auch conveyane~, beeoa~e g~e and payable and said Note and Mortga~e shall be in default. a i~in y,~~ i TO HAVE AND TO HOLD the seme, togcther with all and singular the teaementa, heteditaments ~ad a~ 1 j pae'tenances thereunto bebnging or in anywrix ~ppertaining and t!?e rrver+an and reveraioas, reauinder and re euindars, renW. issves and profits thereof and atso aU t6e eatate, right. title, interesi, property, poseesaion, eLiin and \ dem~nd whatsoevsr as weD in lew~ ss in equity of the said Moetgagor in and to the same and every part u~d ~ _ _ parcel t6ereot unto the said Mortgegee, and hi~ heir~, successora and es+ig~~, in tee simple. ~ ~ And said Mortgagor, for himxlf, ~nd Aia hr.ira, kgal reproesntative~, succeaaors ~nd ~saigna, h~reby oonvenancs ~ ~ with said Mortgagee. !ue hein. kgal r~eprexntatives. snccesaors and sa~ign~. tbat said Mortg~gor is indetessibly Q seised of s~id land in fee ~imple: that the eaid Mortg:gor has tull power and Wwfiil rig~t w oonvey the aame in tee ~ v. eimpk ae afor~esaid: t6~t it shall be Iawtul tor said Mortgsgee, his heirs, legal represen4tives, suceessors and assigns, ~ ~ N at all timee pe~ceablp and quietly to ent.~r upon, hold, oecupy and enjoy said land and every put tl~ereof; ~ a ~ ;!;s• •~',.i ~_~a t~.~. fmm~ a~ incumbrancrs: that aaid Mortgagor. hi+ beirs. kgal represenatives. successors and ~ ea•~ ~ ~saigns. wiR make sucA further saanrancea w pertect the fee simpk titk to said land in s~id Mrotgagee. ~s ^ a his heirs. legal tepresentativee, successora and es~igna, es may re~sonably bs requited; and that atid Mottg~gor v~^~ doea hereby fully warrant the titk to said land snd every part ther~eof tnd will defend the aame against the ~ lawtul daima oi a!1 person~ whom.~oever. I t is ua der a t o o d t h a t eac h o f t he w o r ds. "no t e". "mortgagor" a n d "tnortgagse" respective ly a n d t 6 e protwuns ~ v referring thereto, whether in the ~ingular or plural anywhen in this mortgage, shall be ~ingulu if one only and r ~hall be plural jointly and xverally, it more than one, and shaU be masculine, feminine aadlor neuter, wherever , the contezt so implie~ or admita. ~ And eaid Mortgagor tor himself and his heirs. legal representatives. euooessors and aseigas. hereby covenante wd ~ agrees W and with said MortgaRee. hie legal representative~. aucoea~ore ud sseign~: ~ 1_ To pay all and sieRular the prencipa! and interest ~nd the v~riwa ~nd ~undry aums ot money payable b _ Y virtue of aaid promiaaory note, and this mortgege, each and every, promptly on tAe deys reepectively the same severaUy become due. ~ 2. To pay all and singuLr the tues, asaesaments, levies, liabilities, obtigations and incumbraeces of every ~ nature and Icind now on said dexribed proprrty. and/or that hereafter msy be imposed. auftered. plaoed. {evisd 'v or asseased ther~pon, andlor that hereafter may be kvied or teseesed upon this mortgage ~nd/or the indebtedness secared hereby, uch and every, when due and payabk aocording w law, before they become detinquent, and before any intenst attael~es or any penalty is incurred: and in so far aa u?y thereof is ot rseord the s~me e6a11 be promptly eatisfied and dixlurged ot reonrd snd t1~e original officW document lauc6 as, Eor inet~noe, the t,~ =1~ e~sosipt ot the aetiatsction papet officiaUy endorsad or certifiedl shalt be pi~oed in the handa oi s~id Mortgagee cs~ wit6ua ten days ne:t after p~ymeut: tnd in the event that any thefeof is not so paid, eatisfied and discharged, ~ eaid Mortgage+~ m~y at any time pay the same or any part thereof without waiving or ~ffecting any o~ption, ~ , lien, equity or right under or by virtue of thi~ mortgage, and t6e fuq am~ount of each and every such p~yment a6at1 ; be immediately due ~nd p~yabk and ~il be~r incerest trom tbe date tber~eof uatil p~id at the rate of ten per t t Noeuturn per tnnum and Log~ether w~ith auch inter~st sball be xcured by the lien ot thie mortgag~e. 'fj.• 3. To plaoe and continuouely Iceep on the b~Wdinga now or here~iter sitwte on naid land fire and windatorm insuranee in t6e usual ataadard policy torm. in ~ sum not lese thao the ~moant due hereon. in such cornpanY . or ooaep~nies ~a may be approved by said Mortgagee; and aU sueh inatranoe poticies oa ~ny ot said buildings, ~ny ' intetest t6erein or part thereoi. in the aggregate sum a[~id or in ~oess tbereot. shall coatain tbe uwul ~~tandard awrtgage~~ cl~use uuking the los~ under a~id policies. e~ch and every. p~Yabk w said Mortgages ~s hir - ~ intere~c m~y appear, and each and evrxy suc6 poliey shaU bs promptly deliverod to aad 6e1d by iaid Moctga~c • ! and. not kss than ten d~ys in advance of the ~piration ot e~c6 policy. to deliv~r W said Mort~s ~ e~wal ~ t thee~eot. together with a reoeipt for tbs praaium ot such renswd: ud tlwrs shall be no we6 ina~nnce pl~e~d on ~ny ot said buildings. any intereat there~n or part thereot. unku in t6s iorm and wit6 ths lau p~yabla as ' atocewid: and in ths ev~t any ~um of money Dsoomes p~yabb under weli policy or policia and s~id Matga~ - ~ : ' ` ` sooK 282 pnc~ 455 ~t , - - - - _ - ~ ~ - cl,~4-..sw'" ~54~vYY~ ~c .~r.. i2n.'"`aMr-~r,-..~ A.`i~,fi..~ ~ ~ . - ~ _ ~~tae~ ~s^~r,.ae.~^yS.~~;~ .