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Home My WebLink About0661 0~ • -zool5oso 4`715n5 ~ ~?li7itt~s6 ~1884t~t02t Df ~~EEthDbPE ~Dlitt~t , . TNIS MORTGAGE DEW. Executed tlte_________--19th--__---- -----------day ~ Q.~cgmher------- A. D.. 19--?~----• FISHERMAN'S WHARF RESTAURANT, INC. ' hereinafter called the Morgaga, which term sMll include sirgular a plural, corporation or individwl and either sex, and s~.all indade tM Mirs, legal .epre• untatives, successors and augra of the Mortgagor, to FIRST _ SAVINGS AND LOAN ASSOCIATION OF OKEECHC'8EE GOUNIY, a corporatipn under the laws of the United States of America, hereinafter called tM Associatias, which term shall include the suaeuors and asr~ns o) tM said Association. WITNESSETH THAT, WHEREAS, the Mortgagor is a member of the Association, and has received a Iwn from the Association whereby the Mortgagor is justly indebted to flee Association, which indebtedneu is hereby atknowkadged and as evidenced by a certain promissory note of wen daate ~r=?Yltls made by tlse Mortgagor and payable to the Mortagee )n the principal sum of _ ThtLfaL_S20H_IhQWS.and--ElYS_Hundr__f3d_r3nd-NOI.111LL'_S--OOILARs (1-__ 3~~~Q9s9Q_________) together with interest as stated therein, said note being in standard form and providing, among other thugs for amortised monthly paymenh inclrxling interest upon the principal thereof, late charges, provision for prepayment, acceleration of principal in the event of default, to- gether with a louse providing for the payment by the Mortgagor of attorney i fees and cosh of collectior?. TM provisiorss of such note, to which reference is herein made, are by reference made • part of this instrument as though the same were fully stt forth herein. NOW THIS MORTGAGE DEW, WITNESSETN, That the said Mortgagor for the batter securing of the several sums of money mentioned in tM said note doss hereby grant, bargain, sell, alien, remise, release, convey and confirm unto said Association, in fee simple forever, the following described land, of which said t Mortgagor is raw seised and possessed and in actual t Florida, and more particularly described as follows. posseuron, situate. lying and being )n Sts-_1.s1~ i County, Stets of j i i SEE ATTACHED LEGAL DESCRIPTION r t This is a supplemental mortgage to that certain mortgage between the same parties hereto dated October 3,1977, and recorded in Official Records Book 275, Page 2027, Public - Records of St. Lucie County, Florida. l ~ ,1.~~ ~ RfCElYED; ~3.e~o ttt PA'^!~NT CF TAXES i, - - ,;,~f _ ~-_7...Z ~ POt2S1i.M) 7, e, ills Uf 1971. - - CL:FK C1.:i:WT CCUI:T, ST. lJ.:ic CO, Fu,.1•~ mort a e (Florida Documenhry Stamps in the sum of S _ _ _ _ _g~ . 2~1_ _ _ _ _ _ _ _ _ _ _ _ have been affixed to the and cancelled.) TOGETHER WITH ALL AND SINGULAR THE TENEMENTS, MEREDRAMENTS AND A??URTENANCES and all structures and improvements now and hereafter on 4 said land and all fixtwes attached thereto, together with all rents, issues, and profits accruing from said premises, and all gas, steam, electric, water, plwnb- ing, lighting, ventilating, heating, and/or cooling systems, which now are or may be in or on said premises though they be detached or detachable, including, but not limited to, all refrigerators and carpets. ~ TO HAVE AND i0 HOLD the above granted premises, with the appurtenances, unto the said Association, in fee simple forever. The said Mortgagor hereby convenants and agrees with the Association, as follows:- ` FIRST: That the Mortgagor is lawfully seized of the above described premises in fee simple and has good rght to sell and convey the same to the Associatan; ~ !hest the said premises are free and discharged of and from all taxes, tax tisles or certificates, judgments, mechanic i liens and encumbrances of any nature or kind whatsoever and that the Mortgagor will fully warrant and defend the same to the Assouation, against the lawful claims and demands of all persons whomsoever, and will make such further assurances to perfect fee simple title to said land, to the Association, ss may reasonably be required, and will pay ~ the several sums of money agreed in the said note to be paid and all installments of principal and interest thereon promptly when due, and according to the true tenor and effect of the said note. - SECOND: That the Mortgagor will pay all and singular the taxes, assessments, levies, :rd incumbrances of every nature on the above described property, and upon this mortgage and note, or the money secured thereby before, delinquency thereof, and receipts evidencing payment of said taxes, assessments, levies I and encumbrances sMll be deposited with the Association on or before March 31st of each succeeding year during the term of this mortgage; and if the same be rat pomptly paid when due, the Association may (without obligation to do so) pay the same, or become purchaser of any lawful evidence thereof, f or certificate therefor, without waiving or affecting any right hereunder and in this mortgage, or the said note which this mortgage secures; and such pay- mentor or expenditures so made shall bear interest from the date thereof at the rate of eight per centum per annum. j THIRD: That the Mortgagor will keep all real and personal property now or hereafter encumbered by the lien of this mortgage insured as may be required 1 from time to time by the Mortgagee against loss by fire, w,ndsrorm and ocher hazards, casualties and contingencies for such periods and for not less than such amounts as may be required by the Mortgagee and to pay promptly when due all premiums for such insurance. The amounts of insurance required by the Mortgagee are expressive of only the minimum amounts for which sad insurance shall be written and it shall be incumbent upon the Mortgagor to main- tain such additional insurance as may be necessary to meet and comply fu iy with all co-insurance requirements contained in said policies to the end that said Mortgagor is rat a coinsurer thereunder. Insurance shall be warren vv a company or companies approved o? desgnated by the Mortgagee and all policies and renewals thereof shall be held by the Mortgagee- Ati deter. rd des ~ ,anona by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor and Mortgagee relating to insurance, novv ex~snnq Or r ~+e nafter made, shall be in writing and shall be a part of this mortgage agreement as fully as though. set forth verbatim herein and shall govern bo+h oarr:es hereto and their successors and aligns. No lien upon any of said policies of insur- 1 ante a upon any refund or return premium which may be payable on the canceliatron or termination thereof, shall be given to other than the Mortgagee, t except by proper endorsement affixed to such policy and approved by Mortgagee. Each policy of insurance shall have affixed thereto a Standard Mortgagee Clause xceptabk to the Association, making all loss or losses under such policy payable to the Mortgagee as its interest may appear. In the event any sum i or sums of money become payable thereunder the Mortgagee shall have the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to receive and use it, or any part thereof, without thereby waiving or impairing any equity, lien or right under and by virtue of this mortgage. In event of loss or physical damage to the mortgaged property the Mortgagor shall give immediate notice thereof by mail to the } Mortagee and the Mortgagee may make proof of loss if the same is not made promptly by the Mortgagor. In event of foreclosure of this mortgage or other t transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby, all right, title and interest of th Mortgagor in and to any t insurance policies then in force shall pass to the purchaser or grantee. Upon any default thereof, the Association may (but without obligation on its pan so to do) place insurance on such buildings and pay the premium and charge such sums so paid to the Mortgagor and such sums of money paid shall bear interest from the date of payment at the rate of eight per cetum per annum. r FOURTH: Thaf all sums of money paid or caused to be paid by the Association under the terms of this mortgage and herein specifically provided for, and in• i ctuding any expenses incurred by the Associaton in collection of the sums secured by this mortgage, shall he covered by the lien of this mortgage, the acme ~ es the sums of. money represented by the note which this Mortgage secures. S I FIFTH: To permit ,commit or suffer no waste, impairment a deterioration of said property, a any part thereof, and upon the failure of the Mortgagor to keep the buitditsgs on said property in good condition of repair, the Association may demand the immediate repair of said buildings, or an increase in cite ~ amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortgagor to comply with said demand of the Associaton for a period of 30 days shall constitute a beach of this mortgage, and, at the option of the Association, immediately mature the entire unpaid principal and f interest hereby secured, and the Association may, without notice, institute proceedings to foreclose this mortgage, and apply for ties appointment of • Re• -elver, as hereinafter provided. ec~ss~ ec~ b00K J~, )c PACE ~