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HomeMy WebLinkAbout0033 . The Mortgagor hereby covenants with the Mortgagee, that be is ind~feasi seized of acid land in fee simple or such other eatatei J any as is stated herein; that he has f all power aAd I>, µl.right to cop v the same as aforesaid; that the land to free ~rom all encumbrances except as harem otherw recited; that ad~lvfortgagor will make such further assurances to prove the aforesaid title to said land in said Mortgagee as may be reason- ably required, and that said Mortgagor does hereby fully warrant the title to said land, and every part thereof, sad will defend the same against the h?wful claims of all persons whomsoever. PaOYID$D ALV?AYS that if the 1?loetgagor shall pay unto the Mortgages that oertaia promissory note, of which the following is • aubatantial copy, to wit: = 28,000.00 Fort Pierce ~ Modiy, November 27 ~ 19 79 . Fos Vwrvs Rscs[vsu, the undersigned promise(s) to pay t0 VANTAGE MORTGAGE ASSOCIATES, INC . , a Florida Corporation, , a corporation organised and eioatiuis under the laws of Florida , or order, the principal sum of Twenty-eight thousand and 00/100----------------------------.Dollar's (=28,000.00 with intetest from date st the rate of E 1 e ve n and one - h a 1 f -per oentum (111/0) pce annum oa the unpaid balance until paid. The acid principal and interest shall be payable at the office of Southern Mortgage Associates , Inc., 1999 SW 27th Avenue ~ Miami , F 1 o r i d a , or at such o er place as the holder may designate in writing delivered or mailed to the debtor, in monthly instaUmmta of Two hundred seventy-seven &48/1O0~11ars 2 77.48 commencing on the first day of January , 19 g 0 , and eontinuiag on the first day of each month thereafter until this note is fully paid, except that, if not sooner paid, the final payment of principal and interest shall be due and payable on the first day of D e c e mb~e r ~ 2 0 0 9 privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not leas than the amount of one installment, or one hundred dollars (=100.00), whichever is less. Prepayment in [all dull be credited on the date received. Partial prepayment, other than on an nutallment due date, need not be credited until the neat tollowia` installment due date or thirty days after such prepayment, whichever is earlier. If any deficiency in the pa ant of any installment under this note is not made good prior to the due date of the nett such installment, the entire prtncipal sum and accrued interest shall at once become due and pay- able without notice at the option of the holder of this note. Failure to ezercise this option shall not oonstrtute a waiver of the right to exercise the same in the event of any subsequent default. In the event of default in the payment of this note, and rf the ssme >s collected by an attorney at law, the undersigned ereby agree(s) to pay all costs of collection, including a reasonable attorney's fee. . 'this note is secured by mortgage of even data executed by the undersigned on certain property described therein and represents money seta y used for the acquisition of said property or the improvements thereon. Presentment, protest, and notice are hereby waived. ~s1 Walter A. DeGraff [gg~,~ WALTER A. DEGRAFF [8&?L] _ [HEAL] [SEAL] ~ And shall duly, promptly, and fully perform, discharge, execute, eliect, complete, and comply with and abide by each and every the stipulations, agreements, conditions, and covenants of said promissory note and of this mortgage, then this mortgage and the estate hereby crested shall cease and be cull and void. The Mortgagor further covenants as~followa:' 1. That he will pay the indebtedness, a's bereinbefore provided. ~ Privilege is r+eaerved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars (x100.00), whichever is less. Prepayment in full shall be credited on the date received. Partial prepryment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whicheveris earlier. 2. In order more fully to protect the security of Lhis mortgage, the Mortgagor, together with, and in addition to, the rnonthl~• payments under the terms of the note secured hereby, on the first day of each month l until the said note is fu~h paid,' will pay to the Mortgagee, ~as trustee, (under the terms oI this trust as herein- after stated) the following scans: (a) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of fire and other hasard insnrance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all sa estimated by the Mortgagee and of which the Mortgagor is t notified) leas all sums already paid therefor divided by the number of months to lapse before one month ~ prior to the date when such ground rents, premiums, taxes, and aaeessments will become delinquent, such sumstobe bdd by Mortgageeintruattopaysaidgroundrents,premiua~a,taxes,andspecislassessmenta. ~ (b) The aggregr?te of the amounts payable punriiaat to subparagraph (a) sad tltoee payable on the note ~oecured hereby, shall be paid in a e payment each month, to be applied to the following items in the order stated t m ground rents, taxes, assessmmta, fire, and other hasard insurance premiums; (II) interest on the note secured hereby; sad (III) amortisation of the principal of said note. Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the Mort- } gsgor prior to the due date of the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, Mortggagor.will pay a "late charge" not exceeding four per centum (4°Jo) of any install- a, ment when paid more than Steen (lb) days after the due date thereof to Dover the extra expense involved in handling delinquent paymenu, but such "late charge" shall not be payable out of the proceeds .oi any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costa and expenses secured thereby. ~ 3. 1( the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed the griiount of payments actually ma~lc b~• t(ie'.liortKaKec, as trustee, for ground rents, taxes and assea.Rments, ~ and insurance prcmiunis, ss the case ma.' bP, such excess shall lie credited on subsequent payments to be made by the 11~tortgagor for such items or, nt Mortgagee's option, a.4 trustee, shall be refunded to Mortgagor. If, however, such mont}dy payments shall not Ix' sufficient to pa}• such items when the same shall become due ~ and payable, then the Mortgagor shall pay to the ;~'IortgaiCec, as trustee, any amount necessary to make up ~