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HomeMy WebLinkAbout1100 • t TO HAVE AND TO HOLD the same4 together with the oenestveats. hereditatnenb and appnrteoanoea, mto the Mortgages, in fee simpb. AND the Mortgagor does hereby covenant with the !?lortgagee that he is indefeasibly seized of said land is fee drnpb. that 6e Iw full power and lawful right to Garvey said land In fee simpb a: oresard; that it shall be lawful for the !?lortgagee at all limas pao~bly end quietly to enter upon, hoW, occupp sad enjoy said land; that said land is free hom all iacumbrances; that he will wake :uch further a1SIIl$(IreS to protect the fee simple titb to said land fn the Mortgagee as errs reasouabty be required; that he does hereby fully warrant the title to said huxl and will defend the same against the lawful claims of all peaoos whanwever. PROVIDED, ALWAYS. that N the Matgagoc shall pay t><nt~ the Mu tgagee the certain pcotuissory rwte of which the following in words and figures b a true copy. to-treat ~ C011ibiUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF RIVIERA BEACH ~TXX~$~I~E ~D#E RIVIERA BEACH, FLORIDA June 8 1979 Being Indebted, for value received, the undersigned jointly and severally promise to pay to COMMUNITY FEDERAL SAV- INGS AND LOAN ASSOCIATION OF RIVIERA BEACH at its office in the City of Riviera Beach, Fbrida, or order, the sum of THIRTY EIGHT THOUSAND SEVEN HUNDRED AND NO/100--------------- DOLLARS (S 38,700.00 ) together with interest thereon as hereinafter stated in monthly installments of THREE HUNDRED SEVENTY SEVEN I ' AND 49/100ths--------------------_---------------------------- DOLLARS (i 377.49 The first installment shall be due and payaf.le on the 10th daY of November 19 79 and subsequent installments shall l,e due and payable on the ].0th day of each and-every calendar month thereafter I until the principal and interest are fully paid. Until the first payment above-mentioned, interest • ' shall be due and ppayable monthlyydu~• in co~s~ructi~n~ Larger sums may 6e paid at any tune, Lot the ~ymen any sue rger sums is addition to the payments herein re- quired shall not relieve the makers of the payment of t e mont},ly installments herein pprovided for, unless it is specifically stipu- lated by the makers at the time of payment that such lac rr sinus are to he applied to ti?e advance payment of tl?e monthly install- ments next matunng in the order of their due dates. Al~ payments n?ade upon this note shall be applied first to the pa)•rnent of accnrccl interest and secondly upon the principal. ter This obligation sl?all bear interest from date at the raft of eleven and one/Quar- per cent ( 11.25 ) pr? annum until the p,irecipal and intenKt are fulh• paid. j Interest for each calenear nwnth shall be accrued on the First clay of said month and be computed on• the unpaid balance of principal aril interest existing on the last dap of the prece•aint; month. This note shall he considered in default worn any pay- ~ meat required to be made hereunder shall not have lNecn made by its due date and shall n•n?ain iu de(atdt until said payment shall have been made. While in default- this note shall bear interest at the rate of fifteen----------------- per cent ( ]•5 per annum in lira of the rate hereinbefore specified. All makers and endorsers now or hereafter becoming parties hereto jointly and severally waive demand, notice of non- payment and protest, and agree that in the event of default in the payment of any installment due hereunder for a period of thirty (3U) days the whole of said indebtedness shall thereupon at the option o[ the holder, become iuunediately due and pay- able, and if this note becomes in default and is placed in the hands of an attorney for collection, to pay reasonal,le attorney's fees :nul all oti,er costs including costs and attorneys fees of Appellate Court Proceedings for making such collection. This rrote map be prepaid in whole or in part at any time w•ithoi,t penalty. s/Ann Peck, Individually j Ann Peck, Individually B PECK CONSTRUCTION CO. s/Alden F. Peck, Jr.. Indiyidual~ ____(5~,~''s[Alden_F, Peck,_ Sr., President (SEAL) Alden F. Peck, Jr., Individually Alden F. Peck; Sr., Pres. s/Kevin 0. Peck, Individually s/Alden F. Peck Sr. Individuall ------(SEAL) - - - ' ' - - - _ y (SEAL) Kevin 0. Peck Individually Alden F. Peck, Sr., Individually E (This note is secured by a mortgage of even date executed by the rn:,l.ers in fa. or of Community Federal Savings and Loan Assn. of Riviera Reach ) s i E ~ - - - - - - - - - q cud shall prom tly perform, comply with, and abide by each and every the stippulations, agreements, conditions, and rnvenants of said prom- i f issory note a of this deed, d,en the estate hereby created shall erase anti be null and void. AXD the Mortgagor does hereby cm•enant and agree: 1. To pay all and singular tl,e principal and interest acrd other sums of money payable by virtue of said promissory note and this mort- zat;e, or either, promptly on the days respectively, the carne severally come due. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said described prop- ~rty each and every when due and payable affording to law, before they become delinquent, and if the same shall not be promptly paid E th~• \tortgagce may at any time either tx•fore or after delinquency pay the same without waiving or affecting the option to foreclose, or ri,;ht hereur?cler, and every payment so made shall bear interest from the date thereof at the rate provided in said promissory note. i 3. To keep d,e buildings and all eeqquipment and personal property now or hereafter on said premises, covered by this mortgage, insured s in a sum- at least ege,al to the unpaid balance of this mortgage, including fire hood, extended coverage vandalism, malicious mischief, and u,y other coverage rec aired by the mortgagee, as to propcriics other than dwel~ings and fire, flood, extended coverage, special-form other-perils ~u~urantt•. and any o~er overage required by the mortagee, on dwellings eligib~e for such broadened coversge -provided, however, that such insurance I,e in an anaunt sufficient to comply with any co-insurance requirements covering same under the laws of the State of Florida, and provided) Furtl?er that the policy or policies shall be wcitten in a company or companies aril throui;lr an agency satisfactory to the Mort- - a~e•e and that said policw• or policies shall be held by the ;•turtlai;re and shall bear a standard i~ew• York Mortgagee Clause without contribu- ' t+on, mal:in ~ the loss antler said policies pa able to the Mortgagee as its interest may appear, and in the event any sum of money becomes i pp ,,able under an)• such policy or policies, the Mortgagee sh:dl have the option to receive and apply the same on account of the indebtedness i:~•rc•bp secur,•d, or to permit the Mortgagor to receive anti use it, or any part thereof, for other purposes, without thereby w•ai~ing or impair- ' +r:~ any equity, lien, or right under and by virtue of this mortgage; and in the event the Mortgagor does not ~om~ly with this"covenant, the ~lurtgagee may rlac•c and pa~• for such insurance, or any part thereof, wit)wut waiving or affectint; the option to foreclose, or any right here- - antler, and the full anx,unt of each and curry such pa)•ment shall be imme•cliately due and payable, and shall hear interest from the d:+te 5 thrre•of until paid at the default rate provid,Yl in said note and toc;r•thcr with such interest shall I,e secuued by the lien o[ this rnortt;age. Incur- ar:ce eoverint* the peril of [land"damage shall be as rectuirccl by the Federal Disaster I'roteetion Act of 1973, or as amended, and mortgagor z , men:arts and agrees to comply in all respects with the provisions thereof. a 4. That mort::agee may, at any time during the mo:tttat;r teen, and in its discretion, apply for renewal of mortgage :maranty m>araner entering the mortga,e executed by the undersiy:r,ed on even date herewith, ppay the premium due by reason thereof, and re<iuire repayment by the unclerci::ned of wch amounts as am advanmd by said mnrtsataee. In t},e event of faihrre by the undersi~,ed to relay said amounts to said mortgagce•, such failure shall be coruic'cred a default. and all provisions of the note and mortgage with regard to default shall be applic- able. 5. To permit, commit or suffer r,c? waste, impaitment or deterioration of said property, or any part thereof, and upon the failure of the r+:c,rtgaL'or to l;crp the buildings on s.,id property in ¢oal cor,clition of r ir, the Mort¢a ee may demand the immediate it of said build- - u+:~s, or an incrraw in the amount of security, or the immediate repayment of the delis hemby cecrlrrd and the failure of the~rtQa¢or to ~om- r}y with said demand of the htortfiagee for a period of thirty (30! days, shah constitute a breach of this mortgage, and, at the option of the \tortgagPr, immcrliately mature the entire amount of principal and interest hernby secured, and immediately and without notice, d,e Mortgay:ee t n,ay irutitute procc•ediny„s to foreclose this mortgage and apply for the appointment of a Receiver, as hereinafter provided. - BOOK 310 ?d~.~ 1100