HomeMy WebLinkAbout2993 County of St. Lucie, State of Florida as is covered by the Wraparound
Mortgage securing this Purchase Money Mortgage Note which Mortgage
to Florida Bank at Fort Pierce is recorded in Official Records Book
210 at Page 1936 of the Public Records of St.Lucie County, Florida
and is called the "First Mortgage". The Note dated February 1, 1973
and secured by the first mortgage is hereinafter called "First Note".
The holder of this Promissory Note, by accepting this
Promissory, agrees for itself and for its partners and its respective
heirs, personal representative, successor and assigns as follows:
1. It will duly comply with each and every of the obligations
of the maker under the First Note and the Mortgagor under the First
Mortgage, and will not commit or suffer to be committed any
default under either of said instruments.
2. In the event a default occurs under the First Note or the
First Mortgage, the maker has the right but is not obligated to cure
such default and 'to deduct any sums paid to cure same from the
principal indebtedness evidenced by this Purchase Money Mortgage Note.
3. The payments required~to be made under this Purchase Money
Mortgage Note pursuant to the provisions above may, at the option
of -the undersigned, be paid directly to the holder of the First Note
to the extent of the total payments due under the First Note,
whether or not there has been any default thereunder and any and all
such payments shall be credited against the indebtedness under this
Purchase Money Mortgage Note; thus, if the undersigned maker elects
to pay the monthly installments required under the provisions of
this Purchase Money Mortgage Note directly to the holder of the
First Note to the extent of the total payments due under the First
Note, the undersigned shall be relieved of the obligation to pay
such monthly payments to the holder of this Purchase Money I~lortgage
Note to such extent, and shall receive full credit for each such
payment made to the holder of the First Note as though each such
payment has been made to the holder of this Purchase Money Mortgage
Note.
4. Neither the holder nor the maker of this Purchase Money
Mortgage Note shall make or permit to be made any prepayments under
the First Note or the First Mortgage, except with t~Iie prior written
consent of the other, such consent will not be unreasonable withheld
and it is hereby-noted by the Mortgagor and the Mortgagee that the
First tote provides for the privilege of prepayment with/~~ialty,
except as otherwise provided therein.
6
s 5. This Purchase Money Mortgage Note and the Mortgage are
executed pursuant to an Agreement for Purchase and Sale of real
~ property executed on March 26, 1979 by the Seller, Joseph F. Corso
~ and Mae A. Corso, his wife and the Buyer,Kralhinkle Photography
Group,Inc., a Florida Corporation, who has assigned its interest
g to the Mortgagor herein and each and every of the representations
and warranties contained in that Contract for Sale and Purchase
are incorporated herein by reference and made a part hereof with the
same force and effect as if set forth herein verbatim and shall
survive the payment, cancellation and satisfaction of this Purchase
Money Mortgage Note and the Mortgage.
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6. Anything in the Contract for Sale and Purchase or in this
Purchase Money Mortgage Note or the Mortgage securing this Purchase
Money Mortgage Note to the contrary notwithstanding, neither the
undersigned nor any present or future partner in or of the undersigned,
nor any other party or person, is or shall becotre liable, jointly
or severally or otherwise, for the payment of any money by reason
of anything contained in the Contract or in this Purchase Money
Mortgage Note or in the Mortgage securing this Purchase Money Mortgage
Note. :fakers understand that foreclosure of the Mortgage is not
the sole remedy of the holder of this Purchase Money Mortgage Note.
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3. .2.