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HomeMy WebLinkAbout1213 .f! • r ; ? , The Mortgagor hereby covenants with the Mortgagee, that he is indafearub~y seised of sad Lad in fee simple or such other estater J sqy as is stated herein; that he has full power and lawful right to coavev the same as aforesaid; that the land u free from sU encumbrances except as herein otherwise recited; that saidlvlostgagor will make such further assurances to prove the aforesaid title to said Isnd is said Mortgagee as may be reasoa- ably required, and that said Mortgagor does hereby fuDy warrant the title to said Lad, and every part thereof, and will defend the same against the lawful claims of all parsons whomsoever. Psoviaaa ALwaYS that if the Mortgagor shall pay unto the Mortgagee that cart~aia pmmisuary note, of which the following is a suDstaatial Dopy, b wit: i 49, 900..00 Ft . Pierce ,Florida. August 10 ,179 . FoR Vnivs Raca,tvsD, the uaderaigr?ed promise(s) to pay to The Lomas & Nettl eton Company, a Connecticut corporation, with principal place of business at 230 George Street, i New Haven, Connecticut 06510 oorpora~ o~a,,ed laws of The State of Connecticu~or order, the prin«pal sum of FORTY NINE THOUSAND N E ~ ~ + HUNDRED AND 00/100---------------------- Dollars 49,900,00 ~fb is from data at the rate of TEN per oeatum ( 10 par annum on the unpaid balance until paid. The said prin«pal and interest shall be payable at the office of The Lomas & Nettl eton Company, 230 George Street, New Haven, Connecticut 06510 is Connecticut , or at sash other place as the holder may designate in writing delivered or mailed to the debtor, in monthly installments of Four hundred thirty eight & 12/1 ODollars 438.12 cemmencing on the first day ~ October , 1979 ,and continuing oa the first day, of each month thereafter until this note is fully paid, except that, if not sooner paid, the final payment of principal and urisrest shall be due and payable on the first day of September 2009 . Privilege is reserved to prepay at any time, without premium or fee. the entire indebtedness or any part ' thereof not lets than the amount of one installment, or one hundred doiisrs (;100.00), whichever is less. Prepayment in fuA ~ dull be credited on the date received. Partial prepayment, other than oa an installment due date, need not be credited until } the next foUow[ng installment due date or thirty days alter such prepayment, whichever is earlkr. If any def«ency in the payment of any i~tallment under this note is not made good prior to the due date ~ of the nest such installment, the entire princtpal sum and accrued iatereat shall at onus become due and pay- able without notice at the option of the holder of this note. .Failure to exercise this opption shall not oonstatute a waiver of the right to exercrse the same in the event of any subsequent default. In the event of default in the payment of .Chia note, and if the soma is collected by an attorney at Lw, the undersigned hereby agree(s) to pay all costs of collection, including a reasonable attorney's fee. This note is secured by mort~a~e of even date executed by the undersigned on certain property described therein and represents money actu y used for the acquisition of acid property or the improvements thereon, Presentment, protest, and notice are hereby waived. /s/ James E. Groff, Jr. arose ro r . /s/ Alice D. Groff Alice D. Groff ~ And shall duly, promptly, and fully perform, disc by each and ever~r the sti latio barge, execute, sheet, complete, and comply with and abide pu ns, agreements, conditions, and coveasnts of said promissory note end of this mortgage, then thrs mortgage sad the estate hereby crested shall cease and be null and void. The Mortgagor further ooveaaata as follows: _ 1. That he will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, y ~iithout premium or fee, the entire indebtedness or any pert thereof not less than the amount of one installment, or ~ one hundred dollars (=100.00), whichever is less. Prepayment in full shall be credited on the date received. Partial prepayment, other- than on an installment due date, need not be credited until the neat following installment due date Qr thirty days after such prepayment, whichever is earlier. 2. In order more fully to protect the securit}- of this mortgage, the Mortgagor, together with,~and in addition to, the rnonthl~ payments under the terms of the note secured hereby, on the first day of each month until tyre said note is fully paid, will pay to the Mortgagee, as trustee, (under the terms of this trust as herein- after stated) t)re following earns: ~ (a) A sum equal to the ground rents, if any, next due, plus the premiums that will.next become due and payable on policies of fire sad other 6asard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as estimated by the Mortgagee and of which the Mortgagor is notified) less all sums already pard therefor divided by tl-ie number of months to el before one month prior to the date when such ground rents, premiums, taxes, and assessments will became delinquent, such sums to be held by Mortgageemtrusttopaysaidgroundrents,premiums,ter:es,andspecialaasessmenta. (b) The aggregate of the amounts pa able pursuant to subparagraph (a) and those payable on the note secured Denby, shall be paid in a singe payment each month, to be applied to the fallowing items in the order m ground rents, taxes, aeaesamenta, fire, sad other hasard insurance premiums; ~ (II) interest on the note secured herby; sad (IIn amortisation of the principal of said note. Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the Mort- . " gagor prior to the due date of the next such payment, constitute an event of default under this mortgage. ~ At Mortgagee's option, Mortgagor will pay a "late charge" not exceeding four per certain (4%) of any install- - ~ ~ went when paid more than Sheen (15) days after the due date thereof to cover the extra expense. involved in ~°i° handling delinquent.psymenu, but such "late charge" shall not be payable out of the proceeds of any sale G7 i made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire 1~'i indebtedness and all proper costs and expenses secured thereby. ?i~ 3. 1f the total of the payments nrndc h~ the Mortgagor under (a) of paragraph 2 preceding shall exceed "e the amount of payments actually made h.• tfie :lfortgaKee, as trustee, for ground rents, taxes and assessments, and insurance premiums, as the case uia~~ be, such excess shall be credited on subsequent payments to be made by the '.1~iortgagor for such items or, at. Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, however, such monthly payments shell not l,e suffi,~ient to pay such items when the same shall become due and pa~able, then.t.hc Mortgagor shall pay to the Mortgagee, erg trustee, any amount necessary to make up 3 the de ciency. Sucli paynicnt shall be made within thirty (:30) days after written notice from the Mortgagee ~ stating the amount of the deficiency, which notice rosy be given by mail. 1f at any time the Mortgagor shay