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HomeMy WebLinkAbout1245 .s BUILDING "D" 46i~'.3fi"y ' ~ ~ TH13 MORTGAGE DEED, made and a:ecuted the ~TM day of September ig ~9 by Ron Russell and Sharon Russell, his wife of 85 Grand River Blvd., Kitchener, Ontario, Canada hereinafter called .the Mortgagor, which term shall include tM heirs, legal representatives, suoosNOra and aaaigru of the said Mortgagor wherever the come:t so eNquires or admits, to TURTLE REEF ASSOCIATES, INC., P.O. Bo: 618, Jenxn Beech, FL 33157 hereirt•tter called' the Mortgagee, which term shall include the successors and assigns of the said Mortgagee wherever the come:t ao requires or admits. WITNESSETH: That for devera good and valuable considerations, and also in considentipn of the aggregate sum named in the promissory note of even date herewith hereinafter described, tbs said Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said Mortgages, his heirs, successors end assigns, all the certain .piece.... parcel.... or tract.... of land, of which the said Mortgagor is now seized and ~ possessed and inaetual posxssion. situate in the County of St. Lucie and State of Fbrida, described as folk+ws: 28 ° Unit Weeks 20 and 21 in Condominium D consisting of Apartment Number D 28 and its undivided share ~ ~ g ~ of the common elements of Turtle Reef Condominium I, as such is ~ rn n o described in the Master Form Deed, recorded in Official Records Book n ~ 263, Page 2002. This is a purchase money mortgage. o ~ V1 It is further agreed between the parties to this mortgage that, in addition to the terms and conditions set - out herein. if • conveyance should be made by the Mortgagor of the pretnises herein described, or enY P~ . r- ~ thereof, without first obtaining both the written conxnt of the holder hereof, end an assumption of this _ ' ~ obligation, in writing. by the new proposed Grantee, then. and in that event. at the option of the ho{dsr hereof, > = b without notice. all sums of money secured hereby shall, immediately and eoncvrrently with such oonveyanoe, become a 1 r ~ ~ ~ dw and payable and said Note and Mortgage shall be in default. r ~ ~ TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditameats and •P ~ - puttenances thereunto bebnging or in anywix appertaining and the reversion and reversions. romainder std re- z mainders, rants. issue and profits thereof and also all the estate. right. title. interest. Property. possession, claim std H demand whatsoever •s well in law as in equity of the said Mortgagor in and to the same and every pert end parcel theroof unto the said Mortgagee. and his heirs, successors std assigns. in tee simple. And said Mortgagor. for himself. and his heirs. legal ropressntatives, successors end assigns. hereby eovvnnants with said Mortgagee. his heirs. legal representatives. successors std assigns, that said Mortgagor is indefeasibly seised of said land in fee simple: that the said Mortgagor has full power std lawful right to convey the same in fee simple as aforesaid: that it shall be lawful for said Mortgagee, his heirs. legal represorttatives, successors end assigns, at all times peaceably end quietly to enter upon, hold, occupy and enjoy -said land and every part thereof: j that said land is free from all incumbranoes: that said Mortgagor, his heirs, legal representatives, successors and j assigns. will make such further assurances to perfect the fee simple title to said land in said Mortgagee, his heirs, legal reprexntatives, successors and assigns, as may reasonably be required: and that said Mortgagor { does heroby fully warrant the title to said land and every part thereof and will defend the same against the lawful claims of all persona whomsoever. It is understood that each of the words, "note". "mortgagor" and "mortgagee" respectively and the pronouns [ ~ <referring thereto, whether in the singular or plural snywhere in this aartgsge, shall be singular if one only and :-~~haU be plural jointly and xverally, if afore than one, and shall be masculine. feminine andlor neuter. wherever ~ the context so implies or admits. c And said Mortgagor for himself and his hairs. legal erprexntatives. auoceseoos and assigns. hereby covenants and egress to and with said Mortgagee, his legal representatives, successors and assigns: 1. To pay all and singular the principal and interest and the various and sundry sums of money payable by virtue of said promissory note. and this mortgage. each and every, promptly on the days respectively the came ~venlly become due. 2. To pay all and singular the taxes, aaxsaments, levies. liabilities. obligations and incumbrances of every nature and kind now on said described property. andlor that hereafter rmy be imposed. suffered, placed. levied or assessed thereupon, andlor that hereafter may be levied or assessed upon this mortgage snd/or the indebtedness secured hereby, each and every, when due and payable according to law, before they become delinquent, and before any interest attaches or any penalty is incurred: and in so far es any thereof is of record the saws shall be promptly satisfied and discharged of record and the original offiiaal document (such as. for instance. the tor: receipt or the satiatsction paper officially endorsed or certified) shall be placed in the hands of said Mortgages within ten days ne:t after payment: and in the event that any thereof is tat so paid. satisfied and discharged. said Mortgagee may at any tithe pay the same or any part thereof without waiving or affecting any option, lien, equity or right under or by virtue of this mortgage. and the full amount of each and every such payment shall be immediately due end payable and shall bear interest from the date thereof until paid at the rate of ten per centurn per annum and together with such interest shall be secured by the lien of this Mortgage. 3. To place and continuously keep on the buildings now or hereafter sitwta on acid land fire and windstorm insurance in the usual standard policy form, in • sum tat less than the amount due hereon, in such eomp.ny or companies as may be approved by said Mortgagee: and all such insurance policies on any of said Mt7dings, any interest therein or part thereof, in the aggregate sum aforesaid or in ezcess thereof, shall contain the uawl ~ standard tnortgatree clause making the k?ss under said policies. each and every. payable to said Mortgagee as his interest may appear. and each and every such policy shall be promptly delivered to and held by said Matgagas: and, not less than ten days in advance of the a:piration of each policy. to deliver to •aid Mortgagee • ronrrrd thereof, together with • receipt for the premium of such renewal: and them shall bs no such inaaranes pi•cad on any of said buildings. any interest therein or part Cheroot, unless in the form and with tM loss payable as aforesaid: and in the event any sum of money becomes pay~bk under such policy or Policies and said Mortgagee z ~~~R3~.8 ~,~fi240