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HomeMy WebLinkAbout2782 ' C-817A kc ' ~ THIS MO TG 4'73 6?489 -2 ~ p. S ° R AGE INDENTURE Exatugd the ' ~9~day of February . A.o., tg SO . p . D$NIS KUBrffidER and PATRICIA A. KUSHNER, husband aad Wife; and PATRICK F: McCARTHY and HARGARBT T. McCARTHY, husband and Perry of the first pert Ihereinafw called Mortgatlorl, to Wife CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation exntirq untNr the laws of tM United Sates of America, party ~ the secwd part lhereiMtter r?tltd tM Associationt, WITNESSETH, That for divers good and valuable considerations, and to secure the payment of the aggregate vein of money nertxd in tM pomissory note of even date herewith. hereirtafw rrtenriated, together with interest thereon and all other sums of money secured Mreby as hereinafter provided. the Mortgtgor does grant, bargain, tell, alien, nrnite, release. convey end confirm unto dt. Association, to fw simple. tM folbvvirtg desrxibed real elute. of which the Mortgagor is now ssiayd and possessed and in actual possession, shwa in the county or St . Lucie .sat. of Florida, legally described asrollows: Condominium Parcel No. 6311 of B$ACHTRE$ II, a Condominium, according to the Declaration of Condominium thereof as recorded in Official Records Book 321 at Page 2609, and any amendments thereto, of the Public Records of St. Lucie County, Florida. tarts s_LLQ~._ r Nfrro~ a T~ ~ ors M a~u z t ~~rsnr g R • ° to attanw rho ~ ~ ~s r~rts~ aua~ a~aa ~ n. uv~ ow. . TOGETHER with aH structures end improvements now end hereafter on said lertd and the fixtu?ts attstiwd thereto, also together with ell end singular the terterrtertts, hereditamMts, Nstrrrerrrs, riparian rights and sppurttnartees tMrwnto belonging, a in ar?y wise spperteinirg, end the rents, issues, end profits thereof, and also all the estate, right, titM, interest and all claims and demands whatsoever, a well in Iavv as in equity, of said Mortgagor in end to the same, and every pert and psrcN thereof, end also all gas . and electric fixtures, radiators, heaters, air cortdirionirrg equipnrertt, machirtsry, boiNrt~ ranges, elevators and motors, bathtubs, sinks, voter clown, eater basins, pipes, faucets, and other plumbing and heating fixtures, rttantels, nirgeratirg plain and ice boxes, window acresrts, screen doors, venetian blinds, tram shutters and swnrrgs, vrltieh are now a may fterwiw pertain to or be used with, in or on said premises, even though tAey Ixt detached or dettxitab4, ere and shall be deemed to be fixtures and sccessrons to the freehold end a pert of the realty, and, it the above described property is now or shall hereafw Ile used for comrtwcial purposes, then the fwniture and furnishinyc and any rplacerrtents tftereot vthid? may be owned by tM Mortgagor and wltirJr ere now or may hereafter be located upon the above described property. TO HAVE AND TO HOLD the same, together with all the estau, right, title, interes4 homestead, dower and right of dower, seperaa estate, possession, claim and ~ demand whatsoever, in law or m equity, of the said Mortgagor in end to the same, and every part thereof, tr.rto ttte said Association in fee simple. - ' The Mortgagor hereby covenants with the Association that tM Mortgagor is indefeasibly seized with the absolute end tee simple title to said property, end has full power, and lawful wthority to sell, convey, transfer and mortgage the same; that it shall be lawful at anytime hereafter fp the Association to peatxably and quietly enter upon, hare, hold and M1oY said property. and every Part thereof; that said property is tree end discharged f nom all ligts, ertra?rrtbrs++ces, and claims of any lord, including taxes artd assessrnMts, exppt the lien hereof, which is a first lien on said property: that tM Mortgagor will make such further assurances to perfttt the fee simple title to said property rn the Association as may reasortaWy be required; and that the Mdtgago? does hereby fully warrant unto the Association the title to said property and will defend carne against the mortgage claims and derrtands of all persorn whomsoever. ~ NOW, THEREFORE, the condition of this mortgage is such that it tM Mortgagor shall veep and truly pay unto the Association, the indebtedness evidenced by that certain prornissory non, of even date herewitA, a?ade by tM Mortgagor and payable to the Associatan, in the prirttrpat sum ~l --------FIFTY~dIN$ THOUSAND, EIGHT HUNDRED FIFTY-------------- oot.t_arts Is 59 , 850.00 ~ t, together with interest as therein sated, payable over s term of 348 monrhs, and shall perform, comply with and abide by each and every the stipubtiorts, agreements, conditions and covenants contained and set forth M this mortgage and in the promiswry note ~ secured hereby. then [his mortgage end the elute hereby created shall cease srd be rwll end void. AND the Mortgagor doss hereby covenant and agree: t To pay cep and sirtgtrlar the principal and interest and other wins of money WYtible by virtue d said promissory nob and the rttortgsge. or either. promptly on Y the days respectivNy rho same sevarapy betwrrte due. .r 2. To pay sp and singular tM taxes. assessments. other povernmertal levies. liabilities. oblpatroru and errarmbrarress or every nerves on qid described property and the related debt acquisition serif and every wften t!w and peysbN aocordrng to law. before they become dNtttqusnt and. if tM same shah not b P?omPthr _ paid. the Associaton may at any time. either beloro or after dNittquertcy, pay tM same without w or aNecting tM opt+on to torecloes. or any right ~'~r• and every WY~t ao made shop bear interest hom the data thereof at the race of arvtrtg _ per amain. 3 That the Mortgagor rviil keep cep real and personal property now or hereafter erttatmbsrsd by the lien of th1is mortgage insured as may be required from time to ume by the Association against bas by fin. windstorm and other hasards, pwalties and conturgerKies fW such periods and for not less than such amounts as ~ " may be required by tM Association and to pay promptly wltert dw aN pemiums for such irwrrortce. Mortgagor agues to dehwr rertswal of replacement 1 ~ ~ } pdities of any naturo or replacement certificates of ittwrortce to tM Association. at Isast ten I f 0) days prior to the expiration p atrrivsrsary dace of the sxaurp _ iL pdicies. Thor amouna of ittwrsnce required by fly Association shop be minimum amtruna for whidt said mwrartce shop be written and it chap be rntumbent = ; ~ d upon the Mortgagor to maintain such additional ittstrrtutce as meY bs necessary to meet and rxtrrtpty fupy with cep co-irtwrsrtte rogtriremena cor?tainsd in said c ~ . ~ ~ Q+ poMCies to the end that said Mortgagor boot s w-irteuror therwMer. Irtwranoe shell M written by a camparry or oompattiss approved or dasignatsd by the - ~ d Association and cep policies and rortswals thereof shah be hekt by the Association. Ap dstarNd tfssignatiorts by the Mortgagor which aro accepted by the cm Association end sN sgnremena betveesn Matgpor and Associatwn relating to irtwrance. now existing o>. hereafter made. shag bs b vvritirrp and shall be a part .S of this mortgage agreement as fupy as though set forth verbatim hareirt and shop govern both genies hereto and their wccessors and assigns. No ken upon any • ro of sad pokcies of irtsttrance or upon any nhrrtd or rotum premwm which may bs payable on tM Carrceilation r>r termination thereof, shM be given to other than ~ the Association. except by proper erdorpment affixes to such policy end approved by the Assowtan. Each pdrty of irutrranox shop Itaw affixed thereto a - o Standard New York Mortgagee Clause without Contribution. makirp cep toss r>< lasses under such policy payable to the Association as its interest may appear _ In the event any win or wins of money bsoorne payable therwrtder. the Assoaation shop have the option to receive and apply tM same on account of the vn- ` - ` r debtedMSS hereby secured. Or to permit tM Mortgagor to receive and ass it. o? argr pan thereof. without thereby waiving a impairing any equity. 4eri a nght c; - ~ under end by virtue Of this mortgage. In event of loss or physical damage to 1M mortgaged property. the Mortgagor shall give irmiediaa rwtice thereof by mad 3 j to the Assoaation and tM Association may mob proof of basrf tM same is rat made promptly by the Mortgagor. In swot of foreclowro of flit mortgage. or ~ .other transfer of title to the mortgaged popsrty. in extinguishment of the indebtedness secured hereby. aN right, btb and interest of the Mortgagor m and to any inwrante policies then in force shall pass to tM purchaser orgrantee- Ths Mortgagor further agrees to abide by the rules and existing regubtiorts rrt the Assouation, in connection with required inwrarKe coverage of tfa property hsrsn srtcumbered_ - ' SUBJECT TO terms aad conditions of above Declaration of Condominium and any amendments thereto~aarestrictions, easements aad reservations of record. 4J~~ `6 r, - 8 Gr 4 Para . • graph 4 and those which f r,...~pp ` 4~~9'^tt!nad ~p(erus rrtortgege and by reterertox sro irtoorporatsd into the body od this mortgage. The terms Mortgagor and Association, whenetr~~~tited t ru~me~tt,~ir~iqude the heirs, personal representatives, sutoessors w assgns of the respeetne parties hereto. YtRxrever used, the si far number shall include the plu t Ache singular, end the use of any gerder shall include afl genders. 1N WITNESS YVHERE , thrxe haw been ex da~~~ year first aba,e „vritua S ,sealed ad m t pr of: V l'~,s~ ~~G r i s ~ (SEAN • - ISEAI) as r. n ue ner C ISEAIf ~ T I K McCARTHY e ~s to Mr. d s, cCart - ~ ~ ~~SEA`t Y MARG ET. L , ~ McCARTHY STATE OF F SYLVANIA COUNTY OF E ~~rl ~ .~-l~ r. i~ The toregofng instrument wet acknowledged before me this"~ day of February , t980 by i P. Dffi~iIS KUBHNBR and PATRICIA A. KUEHNBR husband and wife = =t°. . i . ~ ' _ r~ IMy Commission aspires ~ i ~ ~`f ~~O ~ r ~ :s r ' .~~r Hoary Public, 6aa err rrr 3` ' ~~2`~80 .