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HomeMy WebLinkAbout0973 • ? / i 46'7903 ~ MORTGAGE MODIFICATION AGREEMENT THIS AGREEMENT made this 17th day of February 19 79, by and between Joe Capra and Carmella L. Capra , herein- after referred to as "Mortgagor", and VENTURE OUT IN AMERICA, INC., a Delaware corporation, hereinafter referred to as "Mortgagee"; WITNESSETH: WHEREAS, on February 17, 1976 Mortgagor purchased from Mortgagee the following described real property in St. Lucie County, Florida, more particularly described as follows: Commencing at the Southwest Corner of Section 12, Township 37S, Range 41E, thence North 89° 55' 14" E along the South line of said Section 12-774.41 feet to a Point on the centerline of the 100 foot right-of-way of SR-AIA; thence N 23° 49' 31" W along the centerline of the right-of-way 2.921.33 foot; thence S 66° 10' 29" W-290.OI feet; thence N 87° 31' 17" W-39.12 feet• thence S 89° 57' b3" W-133.40 feet; thence S 00° 02 43" E-2b feet; thence S 89 57' 13" W-451.56 feet; thence S 89° 55' S7" W-170.22 feet; thence S 60° 29' 31" W-29.59 feet; thence S 00" OS' 05" E-105.34 feet to the Point of Beginning; thence N 89° 53' 44" E-112:15 feet; thence S 00° 09' 27" E-59.96 feet; thence S~89° 53' 44" W-112.22 feet; thence N 00° OS' 05" W-59.96 feet to the Point of Beginning. i and WHEREAS, in evidence of payment of a portion of the purchase price for said real property, Mortgagor executed and delivered to Mortgagee his promissory Hate dated February 17 , 19 76, i n the amount of U.S. $ 31, 680.00 payable on February 17, 1977 and bearing interest at the rate of - ' 10.0 0 percent per annum; and WHEREAS, the indebtedness evidenced by the aforementioned promissory note is.secured by a first purchase money mortgage given by Mortgagor to Mortgage^c ^vi~ the above-described real property, which first purchase money mortgage dated February 17, 1976 was recorded on March 11, 1976 in Officia~ ~ Record Book 249 at Page 2365 of the Public Records of St . Lucie _ County, Florida; and- WHEREAS, Mortgagor is the present owner of the above-described real pro- perty; and WHEREAS, the Mortgagor has executed a Replacement Promissory Note of even date herewith in order to modify the terms of payment of the indebtedness evidenced by the aforementioned promissory note of Mortgagor so as to require payment thereof in accordance with the provisions of the Replacement Promissory Note. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. tortgagor represents and warrants that he is the owner of the above- described real property and that there are no liens or encumbrances against said property other than the aforementioned mortgage and real estate taxes accruing subsequent to December 31, 1978. 2. The current principal balance of the indebtedness evidenced by the } aforementioned promissory note is in the amount of U.S. $ 16, 400.00 and accrued interest on said indebtedness has been paid through February 1 7 19 79• 3. The aforementioned indebtedness of Mortgagor shall be paid in accord- ance with the terms of the Replacement Promissory N9te,.a copy of which is ~ y ~ ~