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If the MortRagor.shall fail or nep~lect to pay the interest
c~n said N~~e, or anp part of same, as and when the same may
hereafter become due. or the whole or any part of the principal
when the satr~e shall be or become due or collectible. accordinR
to the terms and provisions of said Note and the covenants and
condiCions of this ~iortgage. or shali fail co perform a~iy uf
the material covenants and conditions herein set forth which are
to be performed by the Mortgagor. and any of the aforementioned
defaults is not cured within 30 days (or 15 days,in case the
default is nonpayment of principal or interest on the Note)
after receipt by the MortRagor of written notice of such default '
from the Mortp,agee, then and onl~ in such event the entire
amount of said Note, principal and interest, and all other
amounts that may be secured by this Mort~;age, shall at the option
of the Mortgagee imnaediately become due and collectible, and in
such event the property may be sold at public auction, at such
time and place, and upon such terms and conditions and after such
previous vublic notice, as shall be deemed best for the interests
of all parties concerned~ and there shall be delivered to the
Purchaser or Purchasers, at such sale, deeds of conveyance, good
and sufficient at law, pursuant to the statute in.such cases as
provided~ and out of the proceeds to retain all sums due
hereon, the costs and exnenses of such sale and the attorneys'
fees nrovided by law, returning the surnlus money, if any, to
the Mortgagor or to its successors or assigns.
The Mortgagee has represented to the Mortgagor that on
Feburary 25, 1971 Vernon B. Simpson executed a Promissory Note
payable to the order of Judith B. Shelby in the principal amount
of Fifteen thousand ($15,000.00) Dollars which Note is secured
by a mortgage dated February 25, 1971 covering the same real
estate in St. Lucie County, Florida as is covered by this Mort~age,
which mortRage to Judith B. Shelby was recorded on February
25, 1971_in O.R.Book 190, Page 1344 of the Public Records of
St. Lucie County, Florida and is herein called the "First
Mort~age . Said Note dated February 25,1971 and secured by the
First Mortgage is herein called the "First Note". Said First
! Mortgage and First Note were assumed by the Mortgagee in this
; Mortgage upon the purchase of the sub~ect property and the
~ warranty deed executed on August 9, 1972 by Vernon B. Simpson and
E Gloria l. Simpson, his wife to Gerald M. Smith and Linda Smith,
E his wife recorded on September 15, 1972 in U.R.Book 206, Page
~ 1184 of the Public Records of St. Lucie County, Florida.
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~ The Mort~agee agrees for themselves and their respective
~ heirs, personal renresentatives and successors and.assigns as
# follows:
E 1. It will duly comply with each and every of the
~ obli~ations of the maker under the First Note, and of the
~ mortga~or under the First Mortgage, and will not commit or
suffer to be committed any default under either of said instruments.
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~ 2. In the event a default occurs under the First Note
~ or the First Mortgage, thte Mortgagor has the rip,ht, but is
~ not obligated, to cure such default and deduct any sums paid to
~ cure same from the indebtedness evidenced by the Note.
~ 3. The payments required to be made under said Note pursu-
a ant to the provisions of subdivision(i) thereof, may, at the
option of the Mortgagor, be paid directly to the holder of the
~ First Note to the extent of the total payments due under the
a First Note, whether or not there has been any default thereunder,
= and any and all such payments shall be credited against the
~ indebtedness under the Note and a~ainst the sums matured or first
~ ~ maturing thereafter under the Note; thus~if the Mortgagor elects
to pay the monthly installments required under subdivision (i)
of the Note directly to the holder of the First ~iote to the extent
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? g~~ 282 P~E 840
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