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HomeMy WebLinkAbout1139 f ,uint Tom 1K~Of 1a1• ~~~1~ Root t~o~ M O R T G A G E CIKk Ckf3uK C01M1t Nr ~ TNIS MORTGAGE executed tM 13 d•r ~ December A.D. 19 79 by Richard S. Freiberg bt Emilia Freiberg, formerly known as Emilia Carrato Mrtinaher cited tM mortgagor. to Barnett Bank of Orlando/Winter Park N.A. Mreinaher called tl+e mtsrtgpee: (WMrewt used herein tM terms "matgpor" and "mortgagee" include all tM parties to this instrument ind tM Min. legal representa- tives and assigns of individuals, and tM wccessors and assigns of capaarions, end tM term "noti' includes all the hares Mrein desuibed if tno.e than oneJ ~ WITNESSETH, tMt fa good and valuable considerations, and also in consideration of tM aggregate sum named in tM promissay note of even date Mrewith, Mreinafter described, tM mortgagor Mieby grants, bargains, sells, aliens.. remises, conveys •nd confirms unto tM mortgagee all the cemin land of whicA tM mortgpor is now seized and in possession sitwte in Sta Lucie ~~y.-flotida. _viL___ ~ INSiRt1MEN'1' WAS PREPraED sY: ~ BARNETT BANK OF ORLANDO/WINTER PARK, N.A. a. ~ 7~ SouJ(th Po/w~r~~ t~,St.(~ Lucie-Section OS, Block 70, Lot 14, Port~St~ Cuci ~ - - 5 M _ - _ ~ / ' WINTER PARK OFFICE - P.O. BOX 00 =r t WINTER PARK. FLORIDA 327rJ0 - - v TO HAVE AND TO HOLD tM same, together with tM »Mments, Mreditamen?s and appurtenances tMreto belonging, and tM rents, issues and f - p.ofih thereof, unto rM mortgagee, in fee eimph. fir: G ~ AND tM mortgage covenants with tM matgpee tMt tM mtxtgegor is indefeasibly seized of said land in fee simple: that tM mortgagor has ood right and lawful authority ro convey said land •s aforesaid; that tM matgpor wall make such further assurances to perfect tM fee simple title o said land in tM mortgagee es may reasonably be required; that the mortgpor Mreby fully warrants tM title to said land and will defend tM ama painst tM lawful claims of all persons whomsoever; and tMt said land is free and clear of all encumbrances. PROVIDED ALWAYS, that if said tnortgpor atoll pay unto acid mortgagee tM certain promissory note between tM parties hereto, da»~ 13th day of December )979 in tM original amount of i 24, 368.71 , payable in . 1 payments oft 24, 368.71 commencing on tM 10 day of June 19 $0 ,and atoll perform, comply with and abide by each and every tM praerrwrtib stipubtions, conditions and covenants thereof, and of this mortgage, then this mortgage and tM estate Mreby ! created, shall ease, determiM and b• null and void. AND tM matgpor hereby further covenants and press to par promptly when due tM principal and in»rest and other sums of money pro vided fa in said note and this rtsortgagt, or either; to pW all and singular tht taxes, assessments, Ivies, liablities, obligations, and encumbrances of every nature an said property; ro permit, commit or wffer no wash, impairment a deterioration of said land a tM improwmenis thereon at any nme; to keep tM buildings now or hereafter on said ~nd fully inwrsd in a wm sufficient to protect this mortgage in • company or companies acceptable to tM mortgpee, 1M policy a policies to be told by, and payable to, aaicr mortgagee, and in tM event any sum of money br cornea payable by virtue of such insurance tM mortgagee shall haw tM right to receive and apply tM same to tM indebtedness Mrr•hy secured, accounting to tM mortgagor for any' wrplus; to pay all costs, charges, and expenses, including lawyer's fees and title xarches, reasonably incur+ed a paid by tM mortgpee because of tM failure of the mortgagor to promptly and fully comply with tF•e agree- ments, stipulations, conditions and covenants of said note and this mgrtgage, or either; ro perform, comply with and abide by each end every tM agreements, stipulations, conditions and covenants set froth in said note and this mortgage or either. In rM event tM mortgagor fails to pay wM~ doe any tax, assessment, insuwnu premium or other wm of money payable by virtue of said note and this mortgage, or caber, the mortgagee may pay tM same, without waiving or affecting the option to forecbse a any other tight Mreunde?, and all such payments shall bear j interest from date thereof at tM higMst lawful ra» then •Ilowed by tM laws of tM Sta» of Florida. f MORTGAGOR shall not make any vduntary transfer of tM premises or any part thereof without tM written consent of tM mortgagee. Any such transfer, if tM mortgagee shall not so consent, sMll constitute • default under tM terms of this instrument, and the mortgagee shall have the ngM ro declare tM unpaid balance, including interest, leu any reba» nquued by law, due and payable at its option. IF •ny sum Mrein referred to be not pomptly paid within 30 days next after tM same becomes due, or if each and every tM agreements, stipv- { lerions, conditions and covenants of said note and this mortgpe, a either, •re not fully performed. complied with and abided by, then tM entire sum I merrioned in said pore, and this mortgage, a rM entire balance unpaid thereon, less any rebore required by law, shall forthwith or thereaher, ar the option of tM mortgagee, become and be due and payable, anything in wid note or herein to tM contrary notwithstanding. failure by tM mortgagee !o exerose •ny of tM rights or options Mrein provided shall not constitute • waver of ary rights or options under said nob or this mortgage accrued ; ~ or thereaher accruing. y i IN WITNESS WHEREOF, tM said mortgagor has Mreunto signed and sealed tMse pr the day and year first above written. Signed, sealed and delivered in tM p.esence of: ~ i • ~ ` tSEAI` , ~ / is ar rei erg r s/ ~ ~ ' t5EAl1 f STATE Of fIOR~DA i { COUNTY OF Orange Formerely known as Emilia Carrato I HEREBY CERTIfY that on this day. before me, an officer duly authorized in tM Stare and County aforesaid to take acknowledgements, per ~ sonally appeared Richard S. Freiberg ~ Emilia Carrato F/K/A Emilia Carrato i ro me known ro be tM personas) desuibed in and who executed the foregoing instrument and acknowledged before me that they executeC the same. x Y WITNESS my band and official seal in tM County and Shre last aforesaid this 13 day of Becembe,t•:•r.r.l;r'~ ~A.D. 19 79 s 4'71814 .L,. ' - - . i fILfDA t'ffAMthO ublic i .mow t•. R06=~~~5 My Commission Expires: ~ = a CLERX ~ • -,r t Notary Public. F'~~•• Via,- ~ , ter; RfCCt~ ?rERIF1EC__ 8R pdGE~~~ ~Y C-=~nnussicn ExN~ce~ .z~tt ^~7~,;,~J ~ ~ , a~`~ y ` t