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HomeMy WebLinkAbout1341 • 4bi3112 ~ - FIRST FEDERAL SAV~~~os AND LOAN ASSoCiA~,~N of FORT PIERCE D1ORTGAGE MODIFICATION, RELEASE AND.ASSliMPTION AGREEMENT Loan No . 23042532 _ Name :EDWARD T. FEARNS AND MARIE R. FEARNS, HIS WIFE ~ , _ THIS AGREEMENT is made thisl~___ day of ~gIL , ' ~ 3 s ' 19~_, by and between FIRST FEDERAL SA~~INGS AND LOAN ASSOCIATION ,~_,~OF FORT PIERCE, hereinafter called the "Association", and _ EDWARD T. FEARNS AND MARIE R. FEARNS, HIS WIFE hereinafter called "Owner(s)". ~ . _ _ ~rg V?' I T N E S S E T H_ T•~°~ Z~'HEREAS,-the Association owns and holds the original pro- missory note and mortgage executed on DECEMBER 1st _ 1g 78 , evidencing a principal indebtedness on said date of $ 46,404.00 , ~ ; which. mortgage is recorded in Official Record Book 299 , page ~;i i,•~~ ~ 917 of the public records of ST. LUCIE County, s, '~T, Florida; and - - . j~~-IEREAS, said mortgage provides that the Association may declare all of the sums secured by said mortgage to be im,-~edi- - ately due and payable if all or any part of the property or any interest therein is sold or transferred without Association's written consent; and A'HEREAS, title to s-aid property is being transferred and conveyed to-the Owner(s) who wishes to obtain Association's con- , sent to said transfer and agreement that the credit of the Owner(s) is satisfactory to the Association and that the interest rate pa}able on the sums secured by said mortgage shall be at a rate requested by the Association; NOiC, THEREFORE, in consideration of the covenants and promises contained herein and for other good and valuable con- siderations, it is hereby agreed that the aforesaid documents _ be modified as follows: 1. The undersigned Owner(s) hereby expressly assumes j and agrees to pay the indebtedness represented by and due on ~ the aforesaid promissory note and mortgage and any m ~~f!~' tion or correction thereof in accordance with the terms t?~ereof and as modified herein. It is agreed that the unpaid principal balance of said indebtedness as of APRIL 14th 1980 is FORTY SIX THOUSAND ONE H~N1 DREp EIGHTEEN AND 13/180-------------------- (5 46,118.13-----•---) • and -.that the interest x-ate on said indebted- ness shall be -1~.5 per cent_per annum, beginning on _April 14th_ _ 1980 and that corra;encing on _May 10th , 19_SO_- the Owner(s) shall pay•said principal and interest in consecutive :nonthl}• installments of FIVE HUNDRED THIRTY ONE AND 07/100 -----------------------(S 531.07-----------) and a like sum on the day of teach month thereafter until the entire indebted- ness evidenced by the aforesaid note and mortgage, as codified herein, is fully paid; except that any remaining indebtedness, if not sooner paid, shall be due and payable on February 10th , xax 2008 2. The undersigned Owner(s) hereby agrees that the afore- -said indebtedness stated in Paragraph l above is due according to the terr*~s and conditions of the aforesaid note and mortgage and any modification thereof without defense or offset. and further agrees to be liable for said indebtedness as fully and to the same extent as if the Owrier(s) was the original maker thereon. In addition, the Owner(s) agrees to personally per- F form and to fully abide by all the terms and conditions set ` forth in said note and mortgage and this agreement.. 3. •The Association recognizes the 0~-ner(s) as the new Obligor(s) on the subject loan, approves the credit of same and 800K PAGE