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HomeMy WebLinkAbout1732 • 4b2`71S Thin instrument was prepued by: 231'061 Susan L._ nnwll - ASSUMPTION AGREFiM6KT Of poser ~tnt snvtNas ..r uorw f/ ~tsocu?noa a wsu .~u? ~ Q :t~ o.s~. sr.., p THIS AGREEMENT, made this 4 day of October 1933., by and between FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF WEST PALM BEACH, a ration ' existing under the laws of the United States of America, and having its prinapal place of bus~? in the Qty of West Palm Beach, Florida, hereinafter called the Lender, and ~Qh>~~.._Bobj,AB.on & Miriam R _ Ro on ~ and R_ ~~A~, G. Biondi a»d .di~_ Biondi hereinafter called the Purchaser; WrrNESSETH: WHEREAS, the Lender is the owner and holder of a certain mortgage note exewted and delivered by the Seller to the Lender, said nou being dated __F,.~b~~C~t___2.3a_~,Q7-$_-- _ , in the rma amount of s_2 ' p . .Pal ~,4DQ-~---- secured by a certain mortgage which is recorded in Official Record Book 2~2 a pag 23{2_-____-, Public Records of ----_-St._ Lucie-__--- County, Florida, encumbering the property described therein, and; WHEREAS, the Seller is selling the real property described in said mortgage to tht Purchaser and has asked the Lender to consent to acid sale, and the Purchaser has agreed to assume said note and mortgage and has asked the Lender to consent oo the Purchaser's assumption of•said note and mortgage as part of the purchase price, and; WHEREAS part of the consideration for consenting to said sale and the Purchaser's assumption of acid note and mortgage is that the Lender approve the Purchaser s credit and that the interest payable on said note and mortgage shall be at such rate as the Leader shall request. NOW THEREFORE, in consideration on the mutual covenants rnntained in this Agreement and in said note and mortgage, ar~ for other=good and valuable considerations, the receipt of which are hereby acknowledged by the Lender, it is mutually agreed- by ana between the parties hereto as follows: 1. That the unpaid balance of the mortgage note assumed by the Purduser is 5---~-s-50102 _ _ u „f Qetober---------~----------- , 19_79_. 2. That the credit of the Purchaser is satisfactory to the Lender_ 3. That (a) the interest rau in said original noteis changed to ~,1.5.0~ - per cent per annum, and the monthly payments of principal and interest in said original note are changed to S ?$Z..-~+.. . _ _ ,per month, beginning .I~Iov~emtter_.1___ 1979_ sad (b) that the Purchaser hereby assumes said mortgage and shall perform each and all of the covenants, agreements and obligations in aforesaid ongina1 note and mortgage as modified oy tius Fi~uiiiu:t_ 4. 'That all terms, covenants and conditions in aforesaid original note and mortgage which art not inoonsisoent vt~th this Agreement, are hereby expressly ratified and declared to be in full force and effect_ S. Lender agrees to release the Seller, - . Jolt C. Robinson ~_~+ii,rism_B.- -gQb~~__ _ - - - ,and . _ . . - ,individually, from all obligations under aforesaid note and mortgage, and said person(s) is/are hereby released from all personal liability for the payment of said above deacnbed note in consideration of the agreement by the Purchaser to assume and agree to pay and perform each and every obligation under paid note and mortgage as modified by thin Agreement. 6. The Seller and Purchaser warrant and represent to the Lender that the lien of said mortgage, as modified by this Agreement, is a first lien upon the property described therein and that there is no second mortgage or other subsequent lien, right, or claim of lien, outstanding against the property dearn-bed in the said mortgage_ In the event that them is any such judgment or lien, right, title or interest against or in said property in favor of any party or parties not a party hereon as ~,f the effective date of this Agreement, or in the event that there has been some intervening interest which affects the validity ~,r priority of said mortgage, or in the event that the mortgaged property has not been duly conveyed by the Seller to the Pur- chaser as of the date of this .Agreement, then the release of the Seller and of the indi~~idual(s) above-stipulated shall be of no force or effect. 7. That it is not intended that this Agreement con_~titute the creation of a new debt, nor the extinguishment of the debt evidenced by said note and mortgage, nor does it in anywise affect or impair the lien of said mortgage, which lien is ~ valid and existing first lien on the property described in said mortgage. 8. That this Agreement shall be binding upon and shall inure to the benefits of the heirs, executors. adminis- trators, successors and assigns of the respective parties hereto. 9. The Seller hereby authorizes the Lender to give the Purchaser credit for any escrow balance which might be held by the Lender. 10_ The-Purchaser agrees to pay the costs of the recording of this Agreement and any documentary stamps, intangible tam or other costs pertaining to the recording of the Agreement. II. The use of the terms "Purchaser" and "Seller' as used in every instance shall denote the singular and/or plural and the masculine and/or feminine and/or neuter whenever and wherever the context so requires or admits. IN WITNESS WHEREOF this instrument has been executed by the rarties hereto in manner and form sufficient to bind them, as of the day and year first above written. BQ~~~~~ Y~fl~~ , j,4.. FEDERAL - . RE~u~~t ~a F~oE~itY