HomeMy WebLinkAbout0945 TO HAVE AND TO HOLD the anue, together with the teaemeafs, bereditataeats attd apptutaoanoes, Hato the Mortgagee, la fee dmpb.
AND the Mortgagor does hereby eovetuint with the Mortgagee that be is 4defeasib~ seized of aid land in fes dmple, that be ltu
full power and lawful right to convey aid land in fee simpb as aforesaid; that it strap br awlul for the Mortgagee at all times peaceably
and quietly to enter up~In, hold, accupY aad m' said land; that aid land is free from all ime-runbrancea; that he will make such further
a-csurauces to protect the fee simple title to airs land in the Murt~agee as eras reasawbly be recttrired; that 6e does hereby fully warrant
the title to aid land and will defend the ame agauast the lawful claims of all persons wbornsoever.
PROVIDED. ALWAYS. that if tbs Modgaga shall pay »nto the Mortgagee the oertato promissory note of which the following io
words sad figures b a true Dopy, to-wit:
t
i C011iMUN1TY FEDERAL SAVINGS AND LOAN ASSOCIATION OF RIVIERA BEACH
~'~IIX#~tI~E ~D~E
j RIVIERA BEACH, FLORIDA November 29 19 79
~ Being fncfebted, for value received. the undersigned jointly and severally promise to pay to COMMUNITY FE~ERAL SAV-
1Nt.,S AND LOA1V ASSOCIATION OF RIVIERA BEACH at its office im the City of Riviera Beach. Fbrida, or order, the sum of +
FORTY THREE THOUSAND SIX HUNDRED AND NO HUNDREDTHS---------- DOLLARS(i 43,600.00 )
~ together with interest thereon as hereinafter stated in monthly installments of Four Hundred Eighty Three and
72/100----------------------------------- ---DOLLARS (s 483.72
The first installment shall l,e due artd payal,IP on the 10th day of May 19 80
and subsequent installments shall he due and payable on the 10th day of each and every calerxlar month thereafter
until the principal and interest are fully paid. Until the First payment mentioned above, interest
shall be due and pay~ble tnonth~~?
Larger Burnt may be par at an time, t the payment of any srtch larger tarns in addition to the payments herein re-
quired shall not relieve the makers of the payment of the monthly instal6ncnts herein provided for, unless it is specifically stipu-
lated by the makers at the time of payment that such larger Burns are to I,e applied to the aclvarlce payment of the rrtontllly ir?stall-
n?ents next rnatunng in the order of their due dates. All payments made upon this note shall he applietil first to the payment of
accrued interest aril secondly upon the principal. •
This obligation sl?all bear interest from date at the rate of__~~irteen--------per trot ( 13.00
per annum until the principal and inb•rPSt are full}• paid.
Interest for each calendar month shall t,e acc•rued on tbP first d:ry of said month and be computed ou the wlpaid baLlncr. ;
of principal and interest existing on tle• last clay of the per•c•c•rliug month. This note shall he considenxl in default when any g:ny- +
uleut required to ?,e made hereunder shall not have been made by its clue date and shall remain in default until said payment shy ~
have been made. While in default. this note shall bear interest at the rate of fif teen--- per cent
( 15 Pei annum is lieu of the rate ~ereinb~fore specified.
All makers and endorsers now or hereafter becoming parties hereto jointly and severally waive demand, Ix,ticr of non-
payment and protest, and agree that in the e~rnt of defan t in the payment of any irutallment due hereunder for a period of
thirty (30) da}•s the whole of said indebtedness shall thereupon at the option of the holder, become immediately clue and pay-
able, and if this note {,ecomcs in default and is placed in the harxls of an attorney for rn1lPCtion, to pay reasonable attorney's fees
.:ud all other costs including cents and attorneys fees of Appellate Court Proceedings for making ruck collection.
his close may be prepaid in whole or in part at any time without penalty.
. ---------____--(SEAL) ~lHerbert--~,_--Chesser (sEAL)
~ Herbert P. Chesser
S/Janice A. Chesser (SEAL)
-----(SEAL)
J~ttice A. C~t~sser
t'1 his note is secured by a mortgage of even date ezecuted by the ma ers in favor o ,omnwnity Federal Savings acrd Loan Assn.
j of tii~ ices Reach )
:Ind shall prom th• perform, comply vlith, and abide by each and every the stippulations, agreements, rnrxlitions, and covenants of said prom-
is+ory note a of this deed, then the estate hereby created shall a•ase and be m111 send void.
A\D the Mortgagor does hereby cmenant and agree:
1. To pay all and singular the principal and interest and other sums of money payable by virtue of said promissory note and this mort-
:•.ICe, or either, promptly on the days respectively, the same severally come due.
2 To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every natrue on said described prop-
°rt)• Pack and Peery when due an+l payable according to law, before they become delinquent, and if the same shall not be promptly paid
t!n~ \turigaece may at any timer either lx•fore or after delinquency pay the saurle without waiving or affecting the option to foreclose, or
,ray ri;;ht hereunder, and every prymcnt so made shall bear interest from the date thereof at the rate provided in said promissory note.
3. To keep the buildin and all ec uipmcnt and personal pr rty now or hereafter on said premises, covered by this mortgage, insured
irl a sum at least equal to the unpaid ba~ance of this mortgage, including fire, Good, extended coverage vandalism, malicious mischief, and
Iny other coverat'c rev aired by the ulorteaKee, as to pn,t,Prtics other than dwelling, and fire, flood, ezterl~ed coverage, special-form other-perils
~::.rlr:unr~. and any ot~,er covcra>ve required by the mortagee, on dwellings eligible for such broadened coverage -provided, however, that
.uch insurwa• he in an amount sufficient to rnmply with any co-insurance requirements covering same under the laws of the State of Florida,
~ and prot~idc•d hlrti:c•r that the policy or policies shah hP written in a ~omparay or companies and through an agency satisfactory to the \tort-
~:r~rr and that said palish" or pnhciPS slwll he held by the \tort;a:;ee arld shall hear a standard Nesv York Mortgagee Clause without cuntriLu-
lion, Inal•ne~ the loss under slid policies payable to the Mortgagee as its interest may appear, and in the event any sum of money t,econles
p I~ /hle under an}- such policy or p~dicie•s, the Moriga:;ec• shall have the option to receive acrd apply the same on account of the indebtedness
r+•h.• secured, or to permit the Multy:a~or to recrne and ace it, or any part thereof, for other purposes, without thereby waiving or impair-
; ;any egnlty, lien, or ri>;ht under and h)• virhle• of this I:lort;;a:;e; and in the event the Mortgagor dues not wenply with this covenant, the
~l+:r±;:lgPC r.la)• },lace and pa} /ot snc•h insurancr• or any part thereof, without waiving or afkrtint the option to foreclose, or any right herP-
nn!r•r, an) the fall :unlnnd of each and e•s•Pn• such pa)•na•nt shall Ix• immediately t1nP and payable. and shall bear inten•ct from the date
t!u•n•of I:ntil paid at the default rate pmvidl•rl in w,id not," an.) tnL~•tLer with suc•i, iotcrest shall I,e secured by the lien of this n,ortta,e. Inset-
ancr cove:in;• the peril of ilcxxl dalna~P sh:dl bc• as n~suimcl by the Fr•cleral Disaster Protection Act of 1973, or as amended, and nlortga~;ur
acenauts and agrcc•s to conlpl}• in all respects with the provisions thereof.
4 "that InortgateP may, at any time durini' the mortea•_P t+•rm, ana in its discretion, apply for renewal rat mortgage t+:.Irants in.ur:mce
+ u~t ri,:+,~, the nortLaCe cxecutr•d by the undc•rsi~ned ou Pven date here•wiUl, pay the premium due by reason thereof, and require repayment
h~• the undr•r~:tned of sn h :unl~urds as are a•h-anct•d fry sail m~lrtta>;•y~- In the event of failure by the undersigned to repay sai•1 amounts to
,au! uwrt_•lecc, such !adore shall i,r• consic'~rcd a default, and all provisions of dre cote aril mortgage with reganl to default shall I,e applic-
able.
5 To permit. commit or .after Ile w•:nte, impairment or deterioration of said property, or any part thereof, and upon the failum of the
I:,urt^a+_or to keep the buddinn on Ban) property in a«rcl rnn+htiun of repair, the Mortgagee may dcmarxl the immediate repair of said budd-
,u~:- ur an inr cease" in the anlonnt of cr•cnrity, or the immr~liate rPl!,aynlrnt of the c1Pbt hPrPl)y [CCnrPll Anll the failure Of the ]?trlrlgaQl,r t0 COIn-
ply Kith said delnarxt of the Mort gager Lor a period of thirty (30) days, shall rnnstitute a breach of this mortgage, and" at the option of the
\lnrt¢agPP• iulmwliately manr:r the" entire amount of principal and interest hereby cPCUrPd, and immediately and without notice, d?e ~lortt:acet
luny institute prover-~climg to foreclose this mortgage and apply for the appointment of a Receiver, as hereinafter provided.
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