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HomeMy WebLinkAbout2698 ! •;h;FNcAkY;f •..,,Si:~.M_'•_-'t., 6078?-2 - 4'78.516 ~ ~ . Z~''' - t ~ - THIS MORTGAGE INDENTURE Executed thi: $0 ~ day of February . A.o.,1980 , M ~ ANDRS DUHAMSL and ANNE DUHAMTL, husband and wife /~''~O party of the first part hterairselter called Mortgtiporl, to ~5 CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation existing under tM fates of tM United Sate: of America, party of else accord part (Mrerrralter tilled the AssoCiatiopl, ' WITNESSETH, That for divers good aril vslesble consitlerstronf, and to secure the payment of the aggregate sum of money named M the prortwssory rtote of evM date lterevrith, hereinafter mMtiorwd, together with interest thereon end ell other sums of mosey teturd hereby as lterernsfter provided, the Mortgagor does grant. bargain, sell, alrM, remistr, resew, convey and eonthm unto the Association, M IN simple, tM tollowirg rfesaifzad real estate, 01 whicA tM Mortgagor is now seised end possessed end in _ xwal posNSSion, sitwte in the County of $t . Lucie R Sate of Flails, legally detcrrbed ' ecellfed i In Payment Of Ta1cK at foltow+t: Oue On Class "C" Irltatlpible P~ersonel oropMtye + pursuant To Ctlsptsl• 71. tom, Acu O? t~?1, (see attached description) ROGER POITRAS Ise! CircuR Cf~urt, St. I.uCN. Co.. Flr, i TOGETHER with at1 structures end rtrtprovements now end hereafter on said land and the fixtures attxhed thereto, also together with all end singular the tenements, hereditamMts, esserrtents, riparian rights and appurlMances thereunto belat~rrg, M in any vwst appertaining, and the rMts, issrrls, and profits thereof, and else all the !still, r+glrt, title, interest and ell claims and demands whatsoever, as will in law ss rn equity, of said Mortgages in and to the same, end every part and parcel thereof, and also all gas ; and electric fixtures, radralors, heaters, sir r:onditionirg t:quiprrtent, msthirtery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, water basins, prpls, faucets, and other Plumbing end heating fixtures, mantels, relrrgeraurg plans end ice boxes, vvindow x:reens, sCreM doors, venetian blinds, storm shutters end awnirtgs, which are now a may hereaftd pertain to or be used with, in a ore said premises, even Mough they be detached or detxhable, are and shall be deemed to be fixtures and xcessions to the Ireehold and a part of the realty, and, rf the above described property is now or shell hereafter be used to commercial purposes, then the furniture and furnishings and any replxements thereof which may be owned by the Mortgagor and which are now~or may hereafter Ile located upon the above described property. TO HAVE AND TO HOLD the same, together wrath all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim aril demand whatsoever, in Isw or inequity, of the said Mortgagor in and to the same, and every part thereof, unto the card Assocrauon in tee simple. r The ltloregagor hereby cownar+u wrtA the Association that the Mortgagor is rndeleasibly seized with the absolute and tee simple tick to said property, and fix lull power, and lawlut authority to sell, convey, transfer and mortgage the same: that tt shall be lawful at any time hereafter fa the Association.to pexeablY and quietly Mter upon, have, hold and Mjoy said grope+ty, and every pxt thereof: that said property is Tree and drschargid Iron all Irons, ertcurttbrances, and claims of any kind, rncltding taxes and assessments, except the licit hereof, which n a that IrM ore said poperty; that the Mortgagor will make such further aswrartces to perfect Me fee simple true to card property ; .n the Association as may reasonably be requurrf; aril that the Mortgagor does hereby fully warrant unto the Association the title to said property and vwll defend same - agoinst the mortgage claims and derrtsrxls of all parsons tMltormoever. NOYII, THEREFORE, the corrditrort of this mortgage rs such that rt the Mortgagor shall well and truly pay unto the Assrxiatron, the rrtrfebtr:alrtess evidenced by -that certain promissory note, of even date. herewith, made by the Mortgagor and payable to the Association, m the principal vim ol-------------FIFTY-SSVSN THOUSAND-------------------- DOLLARS ISrJ~ yOO.OO ~ 1, together vnth interest as therein stated, payable ovrr a term_ol $48 months, and snarl perform, comply with and atxde by each and every the supulatwns, agreements, corid+tions and cwenants`contaiiied and set forth M this rttortgage and m the pomisswy note I secured hereby, thM this mortgage and the estate hereby created shelf cease and be null and word. i 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 (a1 the creation of a lien or encumbrance subordinate to this Mortgage, Ibl the creation of a purchase money security interest for household appliances, Ic) s transfer ~y devise, descent or by operation of law upon the death of a joint tenant or Ill 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-sums secured by this Mortgage to be immediately due and payable. Association shall have waived such option to accelerate i1, prior to the sale or transfer, Association and the person to whom the Property is to lx 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 - at such rate as Association shall request. tt Associaticn has waived the option to accelerate provided in this paragraph and if Mortgagor s successor in interest rase executed a written assumption agreement accepted in writirsg by Association, Associa.ron shall release Mortgagor from all obligations under this Mortgage ° and the Note. - If AssOCiationexercisezwch 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 Moatgagor may pay the sums declared due. 11 Mortgagor fails to pay such sums prior to the expire cion of such period, Association may, without further notice or demand on Mortgagor, invoke any remedies permitted by paragraph 15 hereof. AND the Mortgaigor doss lterebY covenant and agree 1 To pay all and angular the prrrttipal and mtsrsst and other sums of money payable by virtue of said prom+ssory note and this mortgage. or either. promptly on l7t the days respectively the same severally become dw ~ c "D 2 To pay all and angular the taxes. assessments. other povsrrimental levrtts. trabrl+ties. oblpat+ons and encumbrances of every nature on sad descnDed property t 0 0° and the related debt atqurs+tron each end every when due and payable accordrnp to law. before they become delinquent and. if the same shall not be promptly } ~ + e 'tf paid. the Association may at any trine. srthM before or slier delinquency. pay the same without waiving or affecting the cptan to foreclose, or any nght s ~ Q ~ ~ hereunder. and every payment so made sMll bear mtsrsst from the date thereof at the rate of eighteen per cent (18'161 per annum ~ ~ r"s 3 That the Mortgagor will keep all real and personal property now or Aereaher erscumbered by the hen of this mortgage inwred as may be required from time to r O ~ fvf trine by the Association against bas by fire. wrndsiorm and other hazards. cawalt+es and contingencies for wch periods and for not less thar. wch amounts as N ~ may be required by the Association and to pay promptly when due all prem+ums for such inwrance Mortgagor agrees to deliver renewal or replacement a+ ~ ~ policies of any nature or replacement csrirficatss of mwrance to the Associaion. at least tM 1101 days prior to the expuaaon or annwersary data of the existing - 3 ~ policies The amounts of mwrance rsgwred by the Association shag be mirnmum amounts for which said mwrance shall be written and rt shell be incumbent T .p O upon the Mortgagor to maintsm suds additeons! insurance as may be necessary to meet and comply fully with all co-inwrance requvements contained in sad ~ m S policies to the erd that card Mortgagor rs not a co-inwror thereunder Insurance shall be wnttM by a company tx companies approved or deagrtated by the ? ~ .7 o Association and all polities and rsrtewsls thereof shell be heW by the Association A!1 detadrd deagnations by the Mortgages which are accepted by the t Association and all agreements betwsM Mortgagor end Associstron relating to inwrance. now exisartg or hereaher made. shall be in venting and shall be a part ~ ` } of this mortgage agreement as fully as thougA set forth verbetrm herein and shall govern both parties hereto and them successors and asagns No lien upon any ~ ¢ ~ N of card policies of rnwrance or upon any refund or return prenuum which may be payable on the cancellation or termination thereof. shall be green to other than - the Associatwn, except t?Y proper endorsement !Nixed to such policy and approved by the Association Each poleey of rnwrartce shall have aN+xed thereto a M Q Standard New York Mortgagee Clause without Corttributron. making all loss a losses under wch policy payable to the Assoaatron as ris interest may appear ~ In the event any sum or wins of money become psyabte thereunder. the Assoaation shall have the option to receive and apply the same ore account of the in- q: debtedrtess hereby secured, or to permit tM Mortgagor to rscerw and use it. or any part thereof, without thereby waiving o::mpamnp arty equity. lien or right under aril by vertu! of this mortgage- In event of toss or physical damage to the mortgaged property. the Mortgages shell gore rmmsdiate notice thereof by marl ' to the Association and the Assoraatton may make proof of bas d the same is not made promptly by the Mortgagor In event of forecbwre of etas mortgage. or other transfer of alb to the mortgaged property. m eabrtpuishmsnt of the rndebtednsss secured hereby. all right. tiffs and interest of the Mortgagor m and to any inwrance policies then in fore shall pass to the purchaser pI grantee The Mortgagor further sprees to abide DY the rules and exrstirtg regulatrgK of the Assocratron. rn cor?rtectrort vntA rsgirued rnwrencs covsrsps of the property ltereiin erscumberttd 4 Paragraph L end those which follow en contained on tM rsverN side of this rrtortgeps end by relersnce are rrtcorporated Mto tf~e Doily of tlrs ntortpaps. ; The terms Mortgagor and AsSOtiatiOn, whenever used in this instrument, shall include the fiche, personal represenutrves, successors Of assigns of the respective parties heroto. Wherever used. the singular number shall include the aural and the plural the singular. end the use of arty gender shall irtclrrde all genders. IN WITNESS WHEREOF, these penriset haw baM executed on the day and year first above written. S , sealed aril delivere0 m the presence of: a _ r' 1 Q ~ ISEALI - ANDRS D ISEALI f ' ANN$ DUHAMBIa >n ISEALI - ISEALI STATE OF FLORIDA cfwNTVOFST. LUCIE .i. .ice The foregoing inftrWnMt was scknowledgad before me thrt 20 day of February , 1g 80 DY s i ANDRE DUHAMSL and ANNE DUHAA~EL, husband and wife . ~ ~ iy par r - ice. IifOTARY PUBLIC, STATE Oj ILORIpA AT LARGE ~ LE7V _ , MY COMMISSION EXPIicS SEPT. 1910 eonwrwstionex et BQNDEDiNQUtcucaes rue a.r . / . jp~ ((~~(~~~-A~y'/~r~' NOlery P1rb1iC. State r ~.4r•~ .