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HomeMy WebLinkAbout0487 THIS INSTRUMENT PREPARED BY: 4526 ~ ~ Citizens Federal Savings b Loan Association of St. Lucie County . 1600 S. Federal Hwy., Ft. Pierce, FL 33450 C. R. McDonald, Jr., General Cousel p~/O 7 r0 MODIFICATION RELEASE AND~ASSUNPTION AGREEMENT LOAN N22033433 NAME: RUTH S. HARLOW This Agreement is made this 28th day of November, 1979, by and between CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION OF ST. LUCIE COUNTY, hereinafter called " Association" and RUTH S. HARLOW, hereinafter called "Owner." WHEREAS the Association owns and holds the original 'promissory note and mortgage executed on the 18th day of May, 1979, evidencing a principal indebted- ness of said date of $27,000.00, which mortgage is recorded in Official Records Book 309, Page 366 and 367 of the Public Records of St. Lucie County, Florida, and Y,~ WHEREAS said mortgage provides that the Association may declare ali sums =7 secured by said mortgage to be immediately due and payable upon the sale, transf er or conveyance of said property or any part thereof without the written consent of the Association, and ~ _ WHEREAS title to said property is being transferred and conveyed to the i . Owner who wishes to obtain Association's consent to said transfer and agreement ~ that the credit of the Owner is satisfactory to the Association and that the interest rate payable on the sums secured by said mortgage shall be at a rate requested by the Association. NOW THEREFORE, in consideration of the covenants and promises contained herein and for other good and valuable consideration, it is hereby agreed that the ' aforesaid documents be modified as follows: 1. The undersigned Owner hereby expressly assumes and agrees to pay the indebtedness represented by and due on the aforesaid promissory note and mortgage j and any modification or correction thereof in accordance with the terms thereof and as modified herein. It is agreed that the unpaid principal balance of said indebted- ] Hess as of November 28, 1979. is TWENTY SIX THOUSAND. NINE HUNDRED FORTY FIVE and 41/)00 DOLLARS ($26,945.41) and that the interest rate on said indebtedness shall ~ be 13.25$ percent per annum, beginning on January 1, 1979, and that commencing on ; January 1, 1979, the Owner shall pay said principal and interest in consecutive - ~ monthly installments of THREE HUNDRED THREE and 62/100 DOLLARS ($303.62) and a like sum on the 1st day of each month, thereafter, until the entire indebtedness evidenced I by the aforesaid note and mortgage as modified herein is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on the 1st day of June, 2009. E ~ 2. The undersigned Owner hereby agrees that the aforesaid indebtedness stated in Paragraph )above is due according to the terms and conditions of the aforesaid note and mortgage and any modification thereof without defense of offset and further agrees to be liable for said indebtedness as fully and to the same extent as if the Owner was the original maker thereon. In addition, the Owner agrees I to personally perform and to fully abide by all the terms and conditions set forth in said note and mortgage and this agreement. 3. The association recognizes the New Obligor as the Obligor on the subject loan, approves the credit of same, and hereby releases the Original Obligors from further obligation of liability under the mortgage or note referred to above. ~ . 4. Except as specifically designated herein, nothing- here shall constitute a change or amendment to the aforementioned promissory note and mortgage the provisions of which are specifically reaffirmed by the new Obligor. 5. This agreement is binding upon the heirs, and assigns of the parties. 6. That the undersigned shall be bound to the Mortgagee to the same extent and in the same manner as i~f the undersigned were Mortgagor under said mortgage and f the makerof all promissory notes secured thereby.