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HomeMy WebLinkAbout2664 ~~x~ ~ p ~pp~4~~581 ~ ~ ~ ~ TNIS INDENTURE, made this :~.5i~r~l day of . M8.y 19 79 ' HF:TwEEN .......~i.U~Fa~...l"~... ~Z~R,•at;~d,.LY;t1DA. L._..BAZAAR,.,.hs.._wi~e.•,.._.... residn ......S.Z17....~.u~h~.Qty...~~~Y~ ...for t ~~~~ierce i g at in the city of county of ...t~. ~......~.ra.1,C.~.f.'~ and State of ilorida hereinaRer ~Uod the Mort n AND BENEFICIAL FINANCE CO. OF FLORIDA, ~aEo corporation, having an office and place of business at .....~~.4~... South Federal H~ghW8~1.._.w..,.~..,-~.~_ in the City of ,,.,,FQ,~~.,,~.~.$~GE;,,,,,,,,,,,,,,,, County of _.....S~. ,,,,Lucie State of Florida, hereinafter called the Mortgagee. WITNESSETN, that the Mortgagor, in consideration of a loan made to them by the Mortgagee, said twn being evidenced by a promissory note of even date herewith, a true copy of which is attached hereto and made a part hereof by this reference, and in order to secure the pay- ment of said loan and the performance of all the agreements and conditions contained in said Note, do by these presents gran ,bargain, sell nd convey to t Luc ~e the Mortgagee, its successor and assigns, the following described real property sitwte, lying and being in the County of • and the State of Florida, to-wit: Lots 38 and 39 of Block 6 of INDIAN RIVER ESTATES UNIT ~2, a subdivision according to the plat thereof recorded in Plat Book 10 page 46 of the public records of St. Lucie County, Florida. THIS IS A SECOND MORTGAGE., Rae°tvsd A ~ to PaYmsnt OI Taxp Due On Class "C" intat~plWep~ersontlPropary ~'u?suant TO Chapter 71, 134, Attil Of 1971. • ROGER POITAA4 ~ ,y(,S - - - Cte?t, Circuit Cou .J ~ r Dr~~'v!?1E'~T/`.F~ STIaM? tt~ i° LEI. nE)'E`:'lE 1 3 The Mortgagor do hereby Fully warrant the title to said real property, and wall defend the same against the lawful claims of all petwns ~ w homscever. In the event the aforesaid real property is sold or otherwise conveyed without the written consent of the Mortgagee, wch sale or rnnvey- } area at Mortgagee's option shall be considered a default under this Mortgage and the Mortgagee shall be entitled to all remedies provided herein and/or as provided by law and equity. Thu Mortgage is not aswmabk nor is the Mortgagor's interest herein transferable without the prior written rnnsent of the ~1 ortgagce. PROVIDED, HOWEVER, that it the Mortgagors shall make all payments toquired by the said promissory note, and shall well and truly perform and comply with each and every covenant of said promissory note and of this mortgage, then this mortgage shall be null and void, otherwise to remain in full force and effect. The Mortgagors covenant to pay, when due, the full amount of each and every utstalment as provided in said promissory note; to pay before they become delinquent all encumbrances of every kind upon the property together with the indebtedness secured thereby, including any prior mortgages and deeds of trust; to pay all taxes and assessments levied with respect to said property, to whomsoever the same may be assessed, before - ehey become delinquent; neither to commit nor to wtfer any strip, waste, impairment or deterioration of the mortgaged property; to keep the bu0dings now• or hereafter to be erected on the mortgaged property (together with any personal property included in this mortgage) inwred against loss or damage b>~ fire and wch other hazards, in srich amounts and with wch carriers as shall be acceptable to the Mortgagee; and the said Mortgagor, and each of them, hereby waive all right of homestead and exemptions under the Constitution and Laws of Florida. If any of the foregoing covenants should be breached by the Mortgagors, then: (1) said promissory Note and all monies hereby secured at the option of the Mortgagee and without demand shall become immediately due and payable; (2) the Mortgagee at its option may pay any wch delin- quent sums and interest due under provisions of the foregoing rnvenants and the full amount of wch payments shall bear interest from the date thereof untrl paid by the Mortgagors at the rate of ten pet cent (ll)«b) per annum and together with the agreed interest shall be secured by the lien of this mort- - gage; and. (3) this mortgage may forthwith be foreclosed. In the event of any forecbswe of this mortgage, the Mortgagors agree to pay all costs and ex- parses of foreclowre, including reasonable attorney's fees, together with any and all amounts which the Mortgagce shall have disbursed under provisions «f this Mortgage and the Note secwed thereby, and the Mortgagee shall be entitled to apply to the court fot a Receiver for the mortgaged property, with- ; nut notice and without regard to the value of the mortgaged property or to the solvency of the Mortgagors, and all rents, profits, income, issues and 6 revenues of the properiy,shaU be applied by the Receiver according to the Lien and equity of this Mortgage. If there be only one mortgagor, all plural words herein referring to the Mortgagors shall be construed in the singular. I IN WITNESS WHEREOF the Mortgagors have executed this instrtment under seal the day and year above written. Signed, sealed and delivered in the presence of us: F /'V/w,, • / ~ ISeal? Witness ugen azaar J IScal) witness - (Seep Witness y L'. Bazaar This instrument was prepared by:.~i.~~!E$•. J . DORFMAN __•P . 0_.• B. 3388.,.. Fort.-.Pierce~.•. Florida Name Office Address STATE OF FLORIDA ) ACKNOWLEDGMENT SS.: c'oUNTY OF _..5~......I..1~C~~ 1 HEREBY CERTIFY that on this day, before me, an ofjrcgr duly aut razed,~n the State arty County o said to take acknowledge- mcnts, personally appeared ....Eu$elle..M_....tlazclar...3I1(1... J.r~n~.~......J11~7.17,~.,...~1,~S...kl~.~~.,..__.._ , to me known to be the person(s) described in and who executed the instrument appearing on the reverse side hereof, and ..Z.he..X. acknowledged before me that ...bie.y. executed the same. f WITNESS my hand and official seal in the County and State last aforesaid this .l y of ~x........._..._........, A.D., I ~ 9 ..7......... - ; : ~ fate o on at arge . ~ ~ ' ~ ~ MY egrnto+isi~ ~xP~~~t<I'~uittit..gtOie..at.i:~udA.di~~~~/1~t~ e 'q ° M l~y vOtfltRi 5510`1 X~ F, r'v BOR 4 FL$, Ed. May '78 r:~~ Q