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HomeMy WebLinkAbout2877 ~ - - _ s-(oa~~ 3 ~o ~s~~zo 1 ' THIS li[ORTGAGS D88D, ,nsde sad executes the 6 day of September , 1979 ~ by DAYID J. MALSH and MADELEINE M. WALSH - hereinafter called the Dtortgasor, which terra shall include the heir„ legal cepresentadves, successoa and assigns of the said llort~or, wherever the context so requires or adraia. to FIRST NATIONAL SANK AND TRUST OO1dPANY OF STUART, Stuart, Florida a National Banking; Association, hereinafter celled the Mortgagor, which term shall ladudt the hei», legal representatives. successoa sad assigns of the add it[ortgagee wherever the context so requires or admits. _ WITNF.SSETH: That for divers good and valwble considerations, and also inconsideration of the agg:egste sum named iii the promissory cote hereinafter described, the said Mortgagor dots hereby grant. bargain, sell, alien. remise, release, convey sad confirm unto the add Mortgagee, his heirs, succeasora and assigns, all the certain piece ,parcel or tract of land, of which said Mortgagor is now seized and possessed and in actual possession. situate in the County of $t. Luei~ and State of Fiodda, described as follows: Apartment Number, also known as Dwelling-Unit, 709 of OCEANRISE CONDOMINIUM, a Condominium according to the Declaration of Coi~ominium thereof, as recorded in Official-Records Book 313, pages 2307 through 2351 of the~Public Records of St. Lucie County, Florida, and as amended in Official Records Book-315, pages 1853 through 1866. - _ Mortgagor expressly agrees .to comply with each and every provision of the Declaration of Condominium and all amendments thereto of which the instant unit is a part. This includes the provisions of the Articles of Incorporation of the condominium association, together with the-provisions of the condominium - association's by-laws, and includes, if applicable, the provisions of the - long tens lease (if any). In the event of default on the part of Mortgagor in any one or more of the provisions of the aforesaid agreements, Mortgagee may, at Mortgagee's sold option, declare the default on any of the aforesaid agreements mentioned in this instant article to be a default under the pro- visions of this instant mortgage, and play further, at Mortgagee's sole option, accelerate the indebtedness due and payable in full and/or seek judicial reme- dies under the provisions of this instant mortgage. . ~ o bT' ,~,J 3 o•~o M Payrrwrtt Of T~ w S TA?' E ~ ~ F= R t ~ ,G 1 ow On class °c•• Intarq~ Porsonai Prop~rtY~ . DOCUMENTARY ~'::~,STAMP ?r. Y. du?suar»toCn ~ aptsx 71, 134. /k4 Ot 1 X71. Z~ DEPI. Uf P.EYfNUE . p ' ' Y 3 T. 5 0 ~ circ Rooefl taol ~9~~ ~ Clers uit COUrt, St. LuCN. 11102 ~ ~ ' To HAVE AND TO HOLD the name, together with ail and singular the tenemtnta, hereditaments and appurtenances thereunto belonging or In anywise appertairilng and the reversion sad reversions, remainder and remainders, reap, issues and profits thereof sad also all the elate, right, title, Interest, property, possession, claim and demand whatsoever u well in Lw as in equip of the said Mortgagor in and to the same sad every put sad parcel thereof unto the said Mortgagee, and his heirs. successors and assigns, Ice fee simple. Aced add Mortgagor, for himself, and hL hero, legal representatives, successors and assigns, hereby covenants with said Mortgagee, his bdrs, legal representatives, successors sad. assigns, that add Mortgagor is indefeasibly seized of said land is fee simples that the said Mortgagor has full power and lawful right to convey the acne in fee simple as aforesaid; that it shall be 4wful for said Mortgagee, his heirs, legal sepresentativts, succeawrs sad assigns, at aII times peaceably sad quietly to enter upon, hold. occupy sad eaioy said land sad every pert thereof; that add land is frte from all incumbraaces; that said Mortgagor, his heirs, legal represenatives, successors and assigns, will make such further assurances to perfect the fee simple tide to aid land is aid Mortgagee. his heirs. legal representatives,succesaors and assigns, as may reasonably be required; sad that aid Mortgagor does hereby fatly wamnt the title to said land sad every part thereof and will defend the same against the 1:wful claims of all persons whomsoever. PROVIDED ALWAYS, That if said Mortgagor shall pay unto the said Mortgagee the certain promissory note. of which the folbwing in words and figures is a true copy, to-wit: d