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HomeMy WebLinkAbout0242 C-546A kc 60915 -2 7' THIS MORTGAGE INDENTURE Executed this 10 day of December , w.o., is?9 . e„ Q~~'~O JAMBS H. BVANS and ANN D. EVANS, husband and wife party of the first part lhereinatip celled Matflagorl, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporatan existing under the Isws of tfre United States of America, party of the stxord part (hereinafter t:atled the Associsibnl, WITNESSETH, That fa divers flood and valuable considerations, end to secure iM payment of the sggrefMte sirrtt of ntaMY Warned in the promissory note of even date herewith, hereinafter mentioned, together wiM interest thereon and all other sums of money secured hereby ss fiereinaltN provided, the Mortgagor Bros grant, bargain, sell, alien, remise, release; ca?vey end confirm unto the Association, M lee simple, tf?e lolbwuq described real estate, of which the Mortgages is now seized end possessed and rn xwsl possession, sitwte in tM County of iSt • LuCi a Sute of Fords, legally descnbed a:falows- Lot Block 113, SOUTH PORT ST. LUCIE UNIT FOUR, according to the plat thereof, as recorded in Plat Book 13, pages 11 and 11A through 11C, of the Public Records of St. Lucie County, Florida. SUBJECT TO restrictions and easements of record. TOGETHER with all structures and improvements now and hereafter on said brad end the fixtures attxlied thpeto, also together with all and singular the tenements, hereditaments, easements, riparian rights end appurunances thereunto bNonging, a in any wise appertaining, and the rents, issues, and profits thereof, and also all the estate, right, title, interest and all claims and demands whatsoeyer, ss wNl in law ss in equity, of said Mortgagor in end to the same, and every part and parcel thereof, and also ail gas and electric fixtures, radiators, heaters, air cortditidhirg equrprtient, mxhiriay, balers, ranges, elevators end motas, bathtubs, sinks, orates closets, water basins, ropes. faucets, and other plumbing grid heating I+xturef, mantels, refrrgaatirig plans and ice boxes, window screens, screen doors, venetian Binds, storm shutters and awnings, which are now or may hereafter pertain to or be used with, in Or on said pretnrses, even though they be dNxhed or detxhable, xe and shall be deemed to be lixwies and accessions to the treehad and a part of the realty, and, if the shove described property n now or shall hereafter be used for corrwnacial purposes, then the Iwnrwre and furmshinys and any replxements thereof which may be owned by the Mortgagor and which xe now a may fiaeatta be located upon the above destntted propaty- TO HAVE AND TO HOLD the same, together with all the Kute, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and Demand whatsoever, in law or in equity, of the sad Mortgagor rn and to the same, and every pert thereof, unto the sad Association in fee simple. - The Mortgagor hereby covenants with the Association that the Mortgages is rndeleasibly seized with the absolute and lee suriple title to sad property, and has full power. an:f lawful authority to sell, convey, transfer and mortgage the same: that it shall be lawful at any trine hereafter for the Association to pexeaWy and quietly enter upon, have, hold and enjoy card property, and every part thereof; that card property is free and drsthaiged from all bens, ericurtibrarices, and claims of any kind, iriclUding sexes and assessments, except the hen hereof, which is a first tiers on sad property; that the Mortgagor wdl make such further aswrarices to perfect the fee simple true to card property .n the Assocratron as may reasanalsly be required; and that the Mortgagor does hereby fully wan ant unto the Association the silk to sad property and will rlelenct same aaiinst the mortgage clams and demands of all persons whomsoever. - NOW, THEREFORE, the corsdition of this mortgage rs such that d the Mortgagor shall well and truly pay unto the Aisocralron, the iridebterlness evidenced by that certain promissory note,. of even date hatwith, mad! by the Mortgagor and payable to the Assocwtion, in the piincipal cam ~l -----------FORTY THOUSAND-----'~-------- DOLLARS IrsO f 000.00 1, together rvrth interest as therein sated. payable over a tam o1 348 months. arirf chart pe.lorris, comply with and abide by each and h-ery the stipulatwris, agreements, conditions and covenants contarnitd and set Path m this mortgage and in the promiswry note secured hereby, then this mortgage and the estate hereby created shall cease and be nail and vod. 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 consent, excluding (a) the creation of s lien or encumbrance subordinate to this Mortgage, Ib) the creation of a purchase money security interest for household appliances, (cl a transfer t,y devise, descent or by operation of law upon the death of a joint tenant or (d) 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 writs secured by this Mortgage to be immediately due and payable. Association shalt have waived such option to xcelerate 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 and that the interest payable on the sums secured by this Mortgage shall be ,it such rate as Association shall request. If Association Rss waived the option to accelerate provided in this paragraph and iflMortgagor's successor rn interest r, as executed a written assumption agreement accepted in writing by Association, Association shall release Mortgagor from all obligations under this Mortgage and the Note. if 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 is mailed within which Mortgagor may pay the sums declared due.-If Mortgagor tails to pay such sums prior to the expires riun of such period, Association may, without further notice or demand on Mortgagor, invoke any remedies permitted by paragraph 15 hereof. ANO the Mortgagor doss hereby covenant end agree 1 To pay all and s+rtgulsr the principal and in[ersst end other cams of rtioney payable by virtue of said promissory note and tMs mortgage. or either. promptly on the days respectively tfM same severally become dw 2 To pay all and singular the axes. assessments. other governmental levies. babihtiss. obligstans and encumbrances of every nature on card descnbed property ~ and she related debt acquisition each and every when due and payable according to law. before they become debnquent arid. if the same shall riot rte promptly paid. the Association mey at airy tans. srttier before a after delinquency. pay the same without waning o Jft ting the option to foreclose, or any right ~ hereunder, and every payment so made shall bear rntsrsst from tM date thereof at the rate of ~.LOlO" per annum 3 That the Mortgagor wdl keep all real and personal property now a hereafter encumbered Dy the hen of this mortg////age mwred as may be regwred from u:ne to - time by the Association against bas by fire. windstorm and other hszalds. casustties and contingencies (es wch periods and for not less than wch amounts as - may be regwred by the Association and to pay promptly when due all premiums for wch insurance Mortgagor agrees to deliver renewal or replacement { _ policies of any nature o? replacement cernhcstss o1 +nsurarics to the Association. at least ten 11 O) days prior to the expiration es anniversary date of the existing pol+cies The amounts of mwrance rsqurrsd by the AssOCistiOn shall be minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional mwrance as may be necessary to meet and comply fully with all co-insurance regwrements contained in said e nohues to the end that card Mortgages is not a co~inwres thereunder Insurance shall be wntten by a company or companies approved es designated by the Associaton and all policies and renewals thereof shall be held by the Association All detailed designations by the Mortgages which are accepted by the Association and alt agreements between Mortgagor end Association relating to mwrarxe. now existing or hereafter mace, shall be rn canting and shalt be a pa+: ` of this mortgage agreement as fully as though set forth verbatim heron and shall govern both parties hereto and their wccessors and assigns No ben upon any ' _ - of sa+d pol+aes of insurance or upon arty refund or return prsm+um which may be payable on the cancellation or termination thereof. shall be given to other than $ - _ the Association except by proper endorsement affixed to such policy and approved by the Associaton Each party of insurance shall have affixed thereto a ~ _ - Standard New York Mortgagee flsuse without Contnbuliort, making ell bas ix bases under wch poicy payable to the Association as its interest may appea• rj - In the event any cam or sums of money become payable thereunder. the Associston shell have slit optan to receive and apply rho same on account of the in l debtedness Hereby secured. or to permit flat Mortgagor to receive and use n. or any pan thereof, without thereby waiving or impairing any egwty. ben or r+ght _ under and ray virtue of this mortgage In event of loss a physical damage to the mortgaged property. the Mortgagor shall give immediate notice thereof by mail - = ~ J) to the Association and the Assocrstion may make proof of bas d the acme is not made promptly by the Mortgagor In event of feseclowre of this mortgage of ,j other transfer of title to the mortgaged property, m extinguishment of the indebtedness stewed hereby. an nght. titb and interest of the Mortgagor in and to _ any insurance paicies then in force shall pass to the purchaser or grantee Tlse Mortgagtx•further agrees to abide by the rules and existing regulations of the ~ Association. in connection with regwred inwrance coverage of the property herein encumbered ~ 4 Paragraph 4 and those which fogow an contuned on the reverse side of this mortgage and by reference are incorporated into the body of this mortgage s The terms Mongagpr and As:xiabon, whenever used m this mstrurrsent, shall include the heirs, personal representatives, wcceuess or assigns of the respective par tits hereto. Wherever used, the singular hum all include the plurar and the plural the sirigulx, and she use of any gender shell include all genders. IN WITNESS WHEREOF, these mi hav ee teased on slit day and year lint shove written. Signed, sealed nd dNrver rn pr - v'~'~? ISEALI ~ AVAN`S ~ L ~v'i. ISEALI D. EVANS ,--1 ISEALI . l f• l'. r y ISEALI i, ..r ` _ ~ _ . a U V . ~f t 3 ti STATE ~ , 1PIaORIDA COUNTY OF MARTIN g~~- ~ 10 d,y of December , .g 79 a, . , T! ja~orp0irg ssyt~ment was xkrwiMedged bef«e me ma JA~&3 H. BtV~lNTS and ANN D. EVANS, husband and wife~~ Y - taw .ossiec • i _ 1 .'~n- f ' ~ LENDER ` ~ •,py~ ~~ilf~f tl0 O~'Q MI PAYilllifieOF9~IMA6~un of OUE ON CLASS 'C INTANGIBLE PERSONAL PF~PERjYi _ _ _