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HomeMy WebLinkAbout2395 • - ~-~btiA Cr 4'2591 s is is -2 ~ THIS MORTGAGE INDENTURE I ~ Execut.a tRis 26 day of December , A.O.. Ig 79, by BERTRAM KASW INER & tdINETTA KASW INBR, husband and wife, and CYRIL WAYNIK & I,(RAINS WAYNIK_,t~ husband and wife, party of tM liter part httreirtalter called Mortgegorl, t0 CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION s corporation existirsg under tM laws of the United States of America, party of the second part (hertinalter called the Associatwnl, WITNESSETH, That for divers good and valuable considerations, end to ncwe tM payment of the aggregate sum of money named rn the prornisWry raft of even date herewith, Mreirsslter mentiorsed, together with interest thereon and all other sums of money secured hereby as hereuNiter provded, the Mortgagor does grant, tsarga.n, sell, alien, remise, release, convey and contain unto rise Association, in fee simpN. tfn lolbwing described real esuu, of which the Matgagw is now served and possssxd and m actual posMStior~, sitwte in the County of St . LuCi e ~ State of Florida, legally detcrroed as lollows: (See Description Attached) R~r:lv-o s ~ 1st PA""fr"T Of TaXEs - DUc P^i Ct SS 'C' GIIr,hC Lf Fr:,`~,t.l PRO'E~TY, f11E;S:;:.A~ T~ LHj.F1ii 71-1~4, ACTS OF 1911. ~ 9 e fioc~a Polrrv?s CLERK gflCYR COUATr ST. LUCIE CO. F1A~ TOGETHER with all structures and improvements now and fnrNlter on said lend and the fixtures attached thereto, also together with all end singular the tenements, hereditaments, easements, riparian rights and sppurteeanca therwnto bebrsging, a in any wise appertaining, end the rents, issues, and protrts thereof, and also all the elute, right, titM, interest end all claims and demands wlfattOever, as well in law H in equity, of said Mo.tgsga in and to the same, end every Dart and parcel ttsereol, and ale alt gas and e4ttric /fixtures, radiators, heaters, air cor?ditionasg equipment, machraery, balers, ranges. elevators end motors, bathtubs, sinks, water closets, ware. basins, pipes, faucets, end other plumbing end heatirg fixtures, mantels, refrigerating plans and ice boxes, window screens, screen doors, venetian blinds, storm shutters end awnings, which are raw or may hereafter pertain to or be used wits, in or on said pramists, even thosrgh tMy be dttsched or detadsable, are end shell be deemed to be fixtures and accessions to the freehold and s pert of ttie realty, and, if t1n above described property is now Or shall hereafter be used la commercial purposes, then the furniture and lumishvtgs and any nplacentents thereof which may be owned by its Mortgtgor end which ere now o. may Iserealter be located upon the above described property- TO HAVE ANO TO HOLD the same, together with ell the elate, right, title, interest, homestead, dower and right of drover, separaq estate, possr:sion, claim and dcrosnd whatsoever, in Iavir or in equity, of the said Mptgagor in and to the same, end awry part thereof, unto the said Association in fee sample. The Mortgagor hereby eovensnts with the Association that the Matgsgw is indefeasibly seized with the sbsdute and fee simple tit4 to said property, and has lull power, and lawful suthwiry to MIL, convey, trsmler and mortgage tM same: that it shell be Iawlul at any tittle hereafter for the Associatan to peaceably and quietly Mier upon, have. Roll end enjoy Mid MopptY. and e~Y part tMreol: that said property is free end diuharged from all liens. encumbrances. and Naims of any kind, including taxes end assessments, except tM lien hereof, whits is a first lien on Mid property: that the Mortgagor will make such further aswrsnces to perfect the far simple utk to card property in the Association of may reasonably be raquirsd; and that the Mortgagor does hereby fully warrant unto the Association the title to Mid property end wdl defend same against tM mortgage claims and densands of all persom viAtomsoever. NOW- THEREFORE, the condition of this mortgage is such that if tht Mortgagor shall well and truly pay unto the Association, the indebtedness .3.-.~.~~- ,i. CvidefiClO Dy tUil terrain pomietory raR, Yi evert role i,~~w,ii,, ii,ww `vj .:w •e~• i~i•%:: : . i•: or ------------'~'IFTY~tINE THOUSAND, -SIX HUNDRED and NO/100---------------OOLIARS is 59 , 600.00 1, togetMr with inarest as therein stated. payable over s term of 348 months, and shall . perform, comply wiitA end abide by each and every live stipulations, agraemerits, Cortditiorts end covenants contained and set forth in this rttortgsge end a rise promitspy rate secured hereby, tins this mwtgage and tM estate hereby crested shall cease attd be null and void. TRANSFER OF THE PROPERTY; ASSUMPTION If all or any part of the: Property or en tntereet tMsln is sold a transferred by Mortgagor without Association's prior written consent, excluding (a/ the creation of a lien or encumbrance wbordinaa to dtis Mortpege, fib) the creation of a purchase money security interest for household eppiienies, (cl a trei:sier by davits, descent or by operation of law upon tM death of a joint tenant or (d1 the grant of any NsMhold interest of th?p yeas or less not containing an option to purchaM, Assoclatlon may, at AssoNatlon's option, dedas ell rise sums secured by this Mortgage to be immediately due and payable. Assxistion shall have waived such option to ecceterate if, prior to tM sale W trartsfe?, Association end the person to whom tM Property is to be sold or tnnsfernd reach agreement in writing that tM csdit of such person b satisfactory to Association end that tM inurest payable on the sums secured by this Mortgage shall bs at such rate ss Association shall request. If Association has waived Me option to accelerate provided in this paragraph and if Mortgagors wcussor in interest has executed • written aswmptlon apnement accepted in wrltlrq by Association, Associa.ion stsall sNase Mortgagor from ell obligations under this Mortgage and tM Note, If Association exercises wcA option to accelerate, Assoctation shall merit Mortgagor notip of acuieration, SuM notice shall provide a period of not less than 30 days from the daU tM notice is mailed within which Mortgagor may pay the wins declared due. If Mortgagor tails to pay wch wins prior to tM expire. lion of such period, Association may, without further notice or dtmsnd on Mortgagor, invoke any remedies permitted by paragraph 15 Mreof, ANO tM Mortgagor does Mreby covenant and agree: 1. To WY sN and-singular tM principal and interest end otfnr wins of money payaDM by virtw of sad promissory rate and this mortgage. err either. promptly on tM days respectivNy the same sewraMy beeorrte dw. 2. To pay aN end sirgulu rise axes- assessmena. other governmental levies. liabikties. obligations and envembrances of awry nature on sad descnbsd property end the related debt acquisition each erd every wMn dw and payabN aocordirsg to law. before they become debnquent and. if the same shah not be promptly paid- the Association may at any time. claret before or after dakrsquersty. pay the same without wamrg or sNextasg tM optan to foreclose. or arty right hereunder. end every payment so made shah bear interest from tM daa thereof st the raa d ]-jo~ per annum. ~ 3. That the Mortgsgw wits keep e4 reel and personal property now a Mreaher encumbered by tM leers of this mortgsgs insured as may bs required from time to ~ c ~ time ny rise Assocation against foss M fin, windstorm and otlnr hazards. uwalties and con6rigertcies for wch periods end for rat Tess than such amounts as T7 pT may be required by the Association and to pay promptly wharf dw aN premiums for eats inwrsnce. Mortgagor agrees to deliver renewal or nstsument ~ $ C po4cNS of any nature or replacement oartificaas of atawanq to tfn Assocation. at least ten (101 days prior to the expiratitxi or amiversary clan of tM existir?g fl. Q ~ ~ pokcies. TM amouna of insurance squired by tM Assocation shop be matinwm amouna fa which said insurarsce shah be wnttsn end it sltsN be inwmbent ~ upon the Mortgagor to maintain such additionN insurance as may be necessary to meet and comply fully with sN co-inwrance requaamena oontairnd b sad ~ d ~ policies to tM end that said Mortgagor is not a oo-inwror tMrwndar. lnwranq aMN be written by s company or eomparws approved or dessgnated by the a ZO t M Association and aN policies end rersevrah tlnreof shah be held by tin Association. AY deluded dssignatiorss by tM Mortgagor witch are accepted by the b N ~ ~ AteOCiitiOn end all agreerMnts between Mortgagor end Assodetion relatiltg to inwranp. now existing a tiereaher made, shah In in vrritittg and shah be a part 3 ~ O 'G ~ this mortgage agreement as fugy q tftOUgh set forth verbatim Isarein and shah govern both parbes Mreto and their sutxesson and assigns. No ben upon any ~ O of said polices of insunrlCe or upon any nfwtd or return premwm which may 1» payable on tM cariceltation a termination tlnreof, shah be given to other than e = ~ ~ Standard New York Mortgagee Clw~wrthouttContributiort. mamaking eM IoM~bsses urde? eats policy payable to the Assoar ation~ts ~ntsrest mar sppsaa ~ y 'C in tM event any vein or sums of matey bacorrte payable tlsereurtder. tM Association shah Mw the option to receive end apply tM Mme on account of tM in- ? p 3 ~ debtedrnss Mreby severed. o< to psrmt Use Mortgagor to receive and use it. a any put thereof. without tMreby waiving or impairing any egwty. ken or right ~ r under end M virtw of this mortgage. In event d bas or physical dattngs to tin mortgaged property. the Martgaga shatl g^re immediaa notice thereof by mad c Q t'n to the Assocatan and rise Assowtan may ttnke proof o/ bas if rise same a not made promptly by the Mortgagor. In event of foreNowrs of tits mortgage. or _ otinr uartsfer of title to dts rtsortgsgsd property. in extinguishment of the indebtedness secured fceraby. aN right, title std interest of the Mortgagor in and to H ~ O any inwrartce policies then n fora shag pats to lire purchaser or prantN. TM Mortgagor further agrees to abide by the ruNs and existing regulatans of the f1 Assotiation. in connection with requued instuanq coverage of lira property fterein ertwmbered Z. Paragraph 4 and those which totbw era txssained on ttn reverse side of this ts:xtgsgo end by reference ss ~orporatsd into tfss body of this mortgage. The terms Mortgagor and Associstan, whenever used in Mis instrument, shall irtclirde the Ittin, personal representatives, successors Or assigns of the respective parties hereto. Wherever used, the singular nwnber shall include lM plural and tht plural life singular, end the use of any gender shall include all gender:. IN WITNESS WHEREOF, these premise have been executed on the day end year lint above writers, Signed, sealed and delivered in the presence ot: ' " ~ L/,~> > ~ ^~~_r ~ I ,w 'i (SEMI CYRI WAYN / ~ vI~{/c~ /,y" L~~'/~Q-~ ~ (SEAL) ~ INE VITA ~ ? r- v~ ISEAII ~ ? ~Z(.(~-L C ~1. ISEAII ~ seep FLORIDA ST LUCIE - STATE OF COUNTY OF • The laegang insaument was acknowleniged Defore me this 2s day of December tg?9 M r' ~ ,>r~y~S BERTRAH KASWINER and MINETTA KASWINER, husband and wife, a niY1 CYRIL WAYNIK an ORAINE WAYNIK, husbiatn and wife i.. f ~ TJ' r/~ / C~' ~ ; ~ ' _ ~ MY commission expires `.-Iy ' / - • ~ Notary?ublic,Stati t FLORIDA `i' ~ ~T Y ' • .I ~~pp~~