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HomeMy WebLinkAbout0490 L~~i7~1 C-5.34A kc t60 60325-2 THIS MORTGAGE INDENTURE Executed this 19 day o1 November , A.o., t9 79 . by CREATIVT HOMES BY MATHIAS, INC., a Florida corporation party of tfse Inst part Ihereinaltp celled Mortgeltorl. to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a carpastion exauisg under the laws of the United States o1 America, party o1 the second parr Ihpernatter called tM Associatan), WITNESSETH, That for divers good and valuable consrderstions, end to secure the payment of the sggrr!gate vein o1 morsey rented m the promissory note o1 even date herewith, hHeiMllN rrtenlloned, together uvith interest thereon end all othM sums o1 money secured Aereby as trNernaltN provided, the Mortgagor does grant, lwga+n, sell, alien, remise, reease, convey and confirm unto the Association, in lee simple, the lollowirsg described rest estate, of which the Mortgagor is now carted and posseased and rn actual posseaia?, situate in the county of St . Lucie state of Florida, legally descnbld asfabwt: Lot Block 427, PORT ST. LUCIT, SBCTION THRTE, according to the plat thereof as recorded in Plat Book 12, Page 13A.of the Public Records of St. Lucie Count Florida. Rtc~c sue, tY P!''`"!T r -~~s Y, oit~ cal cLz: s a:T~.~ r. r - TY V1ik$.LNi TD Cif: Cis:: .S, .3;), r SUBJECT TO easements and restrictions of record. CLERK G.~CUIT GOUST ST. LU..;E CO TOGETHER w+th ell structures and improvements now end hereafter on said land and the Irxtures attached thpeto, also toget~rer with all and ~+ngurar the ter+ements. nerr:ditaments, easements, riparian rights end appurtenances thereunto bebrtgrng, or rn any verse appertaining, and the rents, rstuef, end prolds thereof, and also all the estate. rrynt, title, interest and stl cWrms and demands whatsoever, as well in law ss in equity, of said Mortgagor in and to the same, and every Dart and parcel thereof, and also all yes and electric 6zwres, radiators, heater, air conddronirg equipment, machinery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, water basins, pipes, faucets, and other plumbing and heating t+xtures, mantels, retrrgeraurg plans and ice IaoxK, window xrtens, screen doors, veneuan blinds, storm shutters and awnings, vvhrch are now or may hereafter per tarn to or be used w+th, in Or on said premises, even though they be detached or detachable, are and shad be deemed to be IixturK and accessions to the Ireehold and a part of the realty, and. i) the above described property n now a shall hereafter be used for commerual purposes, flier the lurnrture and furmshrngs and any replacemMts thereof which may be owned by the Mortgagor and tivl+rch are now or may henealtN be located upon the above described properry- TO HAVE AND TO HOLD the same. together w+th all the estate, right, title, interest, homestead, dwve+ and right of dower, separate estate, possession, claim and demand whatsoever, m law or in equity, of the said Mortgagor in and to the same, and every pert thereof, unto the sad Associauon rn fee simple. The Mortgagor hereby covenants with the Association that the Mortgagor rs indefeasibly serlld vvrih the absolute and lee simple title to card property. and has lute power, and lawful authority to sell, convey, transfer and mortgage the same: that it shall be lawful at any time hereafter for the Association to peaceably and yuiedy enter upon, nave. hold and enjoy said Property, and every part thereof: that said property is Tree and discharged IrOm all I+ens, encumbrances, end claims of any kind, intltding taxes and assessments, except the hen hereof, which is a first lien on card propdty: that tts Mttgagor well r~ke such further aswrarrces to perfect the lee sample utk to sad property .n the Association as may reasonably be requued: and that the Mortgagor does hereby fully warrant unto the Association the utte to sad property and will defend same aq~inst the mortgage clarms and demands of all persons whomsoevn. NOW, THEREFORE, the condruon of this mortgage rs such that it the Mortgagor shall wNl and vuly pay unto the Association, Me rndebterln?is ev~derrcld by that certain promissory note, of evM date lterevrrth, made by the Mortgagor and payable to the Associatan, :n the principal cam o+--------------- THIRTY-TIGHT THOUSAND-------------- DOLLARS IS 38 , 000.00 together with interest as therein stated, payable over a term of 348 months, aril shall perform, comply with and abide by each and every the stipulations, agreements, crmdiuons and covenants contarrsed and set forth m this mortgage and m the promissory note securr!d hereby, then this mortgage and the estate hereby created shall cease and be null and srod. TRANSFER OF THE PROPERTY; ASSUMPTION if all or any part of the Property or an interest therein is sold or transferred by Mortgagor without Association's prior written content, excluding la) the creation of s lien or encumbrance subordinate to this Mortgage, Ib) the creation of s purchase money security interest for household appliances, Ic) a transfer t>y devise, descent or by operation of Isw upon the death of a joint tenant or Id) the grant of any leasehold interest of three years or less not containing an option to purchase, Association may, at Association's option, declare all the cams secured by this Mortgage to be immediately due and payable. Association shall have waived such option to accelerate if, prior to the sale or transfer, Association and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Association end that the interest payable on the sums secured by this Mortgage shall be at such rata ss Association shall request. If Association has waived the option to accelerate provided in this paragraph and if Mortgagor's successor in interest has executed a written assumption agreement steepled in writing by Association, Associa.ion shall release Mortgagor from all obligations under this Mortgage and the Note. tt Association exercises such option to accelerate, Association shall mail Mortgagor notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice iz mailed within which Mortgagor may pay the sums declared due. It Mortgagor tails to pay such sums prior to the yxpira- tion of such period, Association may, without further notice or demand on Mortgagor, invoke any. remedies permitted by paragraph 15 hereof. AND the Mortgagor doss hereby covenant and agree 1 To pay all and singular the prrrtcrpal and interest and other cams of money payable by virtue of sad promrssrary note and this mortgage. or either, promptly ors the days respsctrvisly the same sswnNy become due 2 To pay all oriel singular the taxes. assessments. otMr govsmmsnul IeVIK. habihues. obligations and encumlararsceS o1 every nature On sad described property end Ilse related debt acquisition each and sorry where due and payable according to law. before they become dehrrgtiant and. it the same shall not be promptly pad. Ilse Assocrauors may at any ume, either before or after debrsquerscy. pay the same vnthout worm or aHecurp the option to foreclose. or any r+gnt hereursrier, and every payment sp made shall bear interest from the date tMreoi at the rate of per annum 3 That the Mortgagor will keep all real oriel personal property raw or hereafter encumbered by the Iron of this mortgage insured as may be regwred from ume to ~ ~ La ume by the Associaton against bss by errs. windstorm end otMr hoards, cawslties end conungencres for such perrr>ds and for not less than such amounts as I may Ix regwred by the Associatan and to I»y promptly when due ell premwms for wch rnwrante Mortgagor agrees to deiiwr renewal or replacement i 4 ~ ~ polrues o1 any nature or replacement certificates of inwrsnte to the Association. at least ten I1 O) days pray to the axprat+on or anruverssry date of the exrsung l ~ ~ G polrues Tfse amounts of inwrance requued by the Ataociatan shall be minimum amounts for wMch card mwrsncs shall bs wetter end it shall be recumbent a Q ~ ~ upon the Mortgagor to maintain such addrtansl insurarsce as may Ise necessary to meet and comply fully with erg co-rnwrance requirements contairted rn sad ` ~ M polices to Ilse end that sad Mortgagor elnot a tb-rnsuror tMraunder. Insurance shall bs wetter by a tortrpany a companies approved or designated by the ~ 2 Association and all poliuK and rsrtewals thererof shah be Mb by the Association. All datarled designations W the Mortgagor which are accepted by the i~/1l Associaton oriel aft agreements Wtwasrs Mortgagor and Association relating to mwrance. now exrsung or hereafter made. shall bs in vrrrbttg and shell be a part RI ~ ~ of this mortgage agreement as fully as though set forth verWUm harem and shell govern both parties hereto and their successors and assigns. No ben upon any ~ O of sad policies o1 mwrance a upon any refund a return premium which may bs payabb on tits urscellstion or terminstars thereof. shag given to other than ~ ~ the Association. except by proper endorsement aHtxsd to wch polity and approved by the Association Each poligr of tnwranu sMll affixed thereto a Standard New York Mortgagee Clause without Contribution, mslung sit bas or bases urWsr such policy payablb to the Assoustion as sst may apyear f,7 ~ In [he event any cam or cams of money become paysbb thsreurder. the Association shall Mve the option to retsiw end apply the t» •atcouM Df ttNr M- > > ifebtedness hereby secured. a to permit tM Mortgagor to reteiw and use it. a any part thereof, without thereby waiving or irrt~g~ttight ~ O /i0 ~ under and by virtue of this mortgage. In ttwnt of bas a physical damage to the nwrtgaged property. the Mortgagor shsN give i t by ryW C d ~ ~ to Ilse Assocation end the Association may make proof of bas if the same is tat made promptly by the Mortgagor- In went Er}r a` i g a other transfer of titre to the mortgaged property. in axtinguishrnent of tM indebtedrtsss severed hereby. sN right. btN and • . to y ~ ~ any mwrante polities then in force shag pass to tM purchaser or grantee. TM Mortgagor further agrees to abide by the _ ~ . ; sf. Assocrstan, m corsrsection witA rpuuad irrttt?ranq coverage of the property harem encumbered _ ; ~,Jp~ ~ . ` ~ i' ~ ~ t ^r 4 Paragraph 4 and those which foNow an contairsed on the rawrtw side of this mortgage and by reference are MI>s~ The terms Mortgagor and Association, whenever used in the instrument, shell indude the heirs, personal representatives, wcoessor~Or. f tp~r~fis Hereto. Wherever used, the singular number shall include the plural and the plural the singular, end tfse use of any gender shell include all ;x,~# IN WITNESS WHEREOF, these prsmiNS haw been axecutad on the day end year first shove written. '•.i rsr : / Sgrsed, sealed end delivered m tM ot: C CREATI OMES Y THI I y IsEAu t /fr// a B c" ~ (SEAL? MIGRATE D. MAI~HIAS, as President ISEAU (SEAL) a0iai STATE OF FLORIDA COUNTY OF MARTIN ',ij ~J - November ~~QQ ~ The foregoing instrument was acknowledged before me this day of , 19.~C~'' dY ~ a• t r MICHAEL D. MATHIAS, as President of CREATIVT HOMTS BY MATHIAS,~ Imo. ~ -t • - . a Florida corpar at ion ~ ; • ~ = ; _ ~ ~ :fem. .t ` O liRr COMMISSION p?1ftfS AtJG.! Hf11 ' ~,~7 ~ID® THA~J GEt~fiAl INS . ~RiOF~1NRIT~S Notary PtrWie, state of .