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HomeMy WebLinkAbout2981 PURCHASE MONEY MORTGAGE NOTE $54,90b.25 Fort Pierce Florida May 1, 1979 FOR VALUE RECEIVED the undersigned makers, David J. Catalano and Melinda S. Catalano, his wife, promise to pay to the order of D. K. Lindauer and M. Jane Lindauer, his wife, the principal sum of Fifty , Four Thousand Nine Hundred and Six and 25/100 (54.906.25) Dollars to- gether with interest thereon at the rate of eight and three quarters (8.75$) percent per annum from this date until maturity, both principal and interest being payable in lawful money of the United States of America, such principal sum and interest payable in installments as follows: Equal Monthly payments of Four hundred and Thirty-Three Dollars and Forty-eight cents ($433.48) with the first payment to commence on May 1, 1979 and a like sum on the corresponding day of like succeeding period thereafter until the principal balance is paid in full. In addition to the principal and interest shown above the makers of this note also agree to pay Fifty Dollars and Fifty-Two cents ($50.52) per month as an escrow payment and said makers further agree that should the escrow payment be increased due to an increase in taxes or insurance, then the makers shall agree to any such prorated increase. Such installment .payments shall be applied first to the interest accruing under the terms of this Note and then to a reduction of the principal indebtedness. The makers and endorsers of this Note further agree to waive de- mand, notice of non-payment and protest, and in the event suit shall be .brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney's fees for mak- ing such collection. All payments hereunder'shall bear interest at the rate of (8 3/4$) percent per annum from maturity until paid. This Note is secured by a Wraparound Mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal and/or interest when due, the whole sum of principal and interest remaining unpaid shall, at the option of the holders, become immediately due and payable. Failure to exercise this option shall not constitute a waiver of the .right to exercise the same in the event of subsequent default. i i it are ssumable and may not be assigned to any other y the makers an ers of this Note and that i attempt to assign - this Note is made by t e s and endo , then it shall be con- i sidered a default under the term s Note and the-whole sum of principal and interest r ng unpaid s a the option of the ~ holders, become ately due and payable. Failur xercise this option not constitute a waiver of the right to exercis same On September 8, 1978, D. K. Lindauer and M'. Jane Lindauer executed a promissory note payable to EcCaughan 1?iortgage Company Inc., in the principal amount of $55,100.00 which Note is secured by a Mortgage dated September 8, 1978, and covering the same real estate in the - County of St. Lucie, State of Florida, as is covered by the Wraparound Mortgage securing this Purchase Money Mortgage Note, which mortgage to McCaughan Mortgage Company, Inc., is recorded in Official Records Books 293 at page 2935 of the Public Records of St. Lucie County, Florida and is called the "First Mortgage". Said note dated September 8, 1978 and secured by the First Mortgage is hereinafter called "The First vote". 4 The Holders of-this Promissory Note, by accepting this Promissory Note, agree for themselves and for their partners and their respective heirs, personal representatives, successors and assigns as follows: s 1. They will duly comply with each and every of the obligations ~ of the maker under the First Note and the Mortgagor under the First tortgage, and will not commit or suffer to be committed any default under either of said instruments. gOGX W I ~ICf ~ ~ ~ _ ~A