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HomeMy WebLinkAbout0880 . / ` ' ' RUILDING "D" r~~~49 THI3 MOR7'GAGE DE~D, made ~nd e:ecuted the 14t~iay oi Feb. 19 79 br Lionel Trainque and Janice Trainque, his wife of Newcomb Rd., Westminster, MA. 01473 6~nina[ter ullsd th~ Mortsaaor, wdich term d?aU inelude the Aeire, kgal ~epreseatativea, eucces~a aad aqigM of tM sald Mortgagor ~r~erover the conte:t so requires or admite. W TURTLE REEF A3.SOCIATE3, INC.. P.O. Bos 618. Jenxn Be~ch, FL 33457 Iw~einafter ealled' the Mortgagee, which term sAaU irclude the successors and assigns oi tbe said Mortg~gee wherever the conteat so nqaires or admits. ~ WIITIE35ETH: That tor dever~ good and vsluabb conaidentioe~.s, and also in con~identiQn ot the ~ggregate sum ~ named in the proa+issory note ot even date herew~ith Aereinaher dexribed, tl~e eaid Mort~gor does l~enby gr~a~ bargaia, eell, alien, remiee, rekase, convey and cont'vm unto the uid Matg~gee, Ris heirs, aueressors aad a~as, aU tl~s cartain pieee.... parcel.... or tract.... of land. of which the said Matgago~ is aow seized and possss~ed ~nd inaetual posaessan, situate in the County ot St. Lueie and Sute ot Florida, deseribed ~a tolbwx Unit Weeks 47 and 48 in Condominium D-24 consisting of Apartment Number D-24 and its undivided share of the comnon elements of Turtle Reef Condominium I, as such is described in the Master Form Deed, recorded in Officiaj Records Book 263, Page 2002. This is a purchase money mortgage. lt ie further agreed betwcen the partiea w this moKgage that, in addition to the terma and conditions eet out hecaia, it a conveyance ahould 6e mede by the Mort~gor of the premi~ea herein dexribed, or any part tbereof, without firet obtaining ~ both the written conaent of tl?e holder hereof, aad an aseumption ot this obligation, in writing, by t6e new proposed Gr~ntee, tAen, and in that event, at the option ot the hoWer hereof. wit6ont notice, all eums of money xcured Aereby shaU, immediately sad rnncurrently .rith sucb oonveyanoe, beoome due and qyabb and said Note aad Mortgaqe ahall be in default. TO HAVE AND TO HOLD the same, together ~vith al1 snd singular the teneroents, hveditamente and ~p~ purt~enanees thereunW bebnging or in any~vi~e appertaining and tAe rcversan and rever~'ane, remaindet and rs m~ind~s, rente, issaes wd profita thereof and sl~o all the eaute, right. titk, intemet, property, posseaeion, cWm and deer~nd wlutsoever ta well in law s~ in equity of the said Mortgagor in and to the same and every part and p~roel thereof unto the said MortgeRee. and his heirs, ~ucceasora end assign~, in (ee simp{e. And said Mortgagor, tor himself, and hia he'v~, legal repreesntatives. ~uccesaors and assigns, hereby convenants ~rith s~id Mortg~gee. his heir~. kgal reprexntatives. aucceasore end a~siqn~. that s~id Mortgagor is indefeasibly seised ot aaid laad in tee aimpk: that the said Mortgagor ha~ faU power and lawfiil right to convey the same in fee simp{e as doresaid: that it shall be law~ful for eaid MortRsqee, his heira, kgal repreeentativea, auccesaors and aesigns, ~t all times pe~ceably and quietiy to enter upon, hoid, occupy and enjoy said lind and every p~tt tl~ereot: " tAat s~id land is iree from sll incumbrances; that said 4lortgagor, his heiro, kgd represenutives, sucoessors and assigns, will make auch further •ssuranoes to pcrfect the fee aimp4 titk to said land in said Mrotgagee. his Aein. kgal representatives. ~uccea~ors and saaigr.a. sa m~y reaeonably be required: and tlut eaid Matgagor doea hereby tuUy warrant the title to ~aid land and every part thereoi and will defend the same against tbe I !aw[ul cWma ot aU per~ons wrhomsoever. ~ 4 ~ ~ It ie underatood that each ot the w+ords. "note". "mortgagor" and "mortqagee" reepectively and the proooans~ ~ referring thereto, ahether in the ~inqular or plur~l enywhere in thi~ mortgage, shall be ~ingular if one only and $ ! shall be plural jointly and xvenlly, it more than one, and shell be masculine. feminine and/or ne~ter, whaeever~ j tl~e oonte=t so implics or admita. p~~ ~ And s~id Mortgagor for himxlt •nd hie heir~. leg~l repreeentatives, ~uct~esore and aeeigns, hereby oovenants ~nd ~ agrees W aed with said MortgaRee, hia iegal reprexntative~, aucceesors and asayrna: ' 1. To p~y al) and sinRular the principal and iniere~t end the var'soas and aundry sum~ of money psy~bie by~ ~ virtue of ~aid promiasory note, snd this mortgage, each and every, promptly on the days reepectively the same~ • ~ severally become due. ~ ~ ~ 2. To p~y all •nd singular the tues, sssessme~te, levies, liabilitien, obligationa and incumbranoes of every ~ nature and Icind now on said dexribed property. and~or thst hereaft,~t msy be imposed, suftered, plaoed, kvied or assessed thereupon. and!or that hereafter may be levied or ssseased upon this mortgage andlor the indebtedness~ ~ € secvred hereby, each •nd every, when due and payable according to law, betore they become delinqneat, and $ before any intereet attaches or any penalty ie incurred: snd in so far ~e any thereof ie of ncord tbe same shall be ~Q ~ promptly s~tiefied and discharged ot record and the originsl official docvment leuch ae, tor inetanae, t6e tu • ~ reosipt or the satiafection paper otficia0y endor~ed or certifiedl shaU be placed in the Aands of said Mortgagee ~ • - witl~in ten d~ys ne:t atter psyment: and in the event that any theteof is not so paid, satisfied and disch~rged. ~ said Morcgagee may at any time pey the aame or any p~rt thereof without .vaiving or affecting any oQtion. ~ lien, equity or rigl~t under or by virtue ot thi~ mortgage, and the full amount of ~ch and every sueh p~yment shatl ~ bs immed;acely due •nd payable and ~hall bear interest from the d~te thereof until paid ~t the nte of tm per ~ osntutn per ~nnum and together ~vith ~uch interest ~hal1 be ~ecured by the lien ot this mortgage. ~ ~ 4 3. To place and continuouely keep on the buildinga now or hereafter eituate on said lend fire and w~indstorm ~ insunac~e in the usu~l standard poGcy form, in a sum not less than the amount due hereon, in auch oompany ~ or compenies ~s may be approved by said Mortgaqee: and all such insurance policies on any ot said buildings. ~ny r interest tAerein or part thereot, in the aggregete sum aforssaid or in excess thereot. ~ha0 contain the usual ~ standard mortgag~ee clause making the los* under ~aid policies, e~ch and every, paysbk ta said Mortgsgee ~s his intere~t m~y appsar. ~nd e~ch ~nd every such policy shall 6e prompdy delivered W aad held by said Mortgag~ ~ u~d, not less than ten d~ys in sdvance of the e:piration ot e~ch policy, to detiwr to said Martgaess a t~se~wd thareof, together with • receipt for the premium of euch renewd: ~ed there ehaU be ao eueh insurancs pl~ad on any of said buildings, ~ny intereat therein or part thereoi, unSess in tbs form and witb tl~s bes p~yable as aforesaid: and in the event any sum of money becomes psyebk under such policy or policies and said Martgags~ ~ ~ a~~~31? 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