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HomeMy WebLinkAbout1939 e ' C ?11A cr THIS MORTGAGE INDENTURE so818-a / ' Executed this 15 d+r of April . A.o., tg80 . by 4~t3J08 ~ 0 KIak.:.~S O. BARTSCBAT and MARGARIsTS BARTSCHAT, husband awl wife parry of tM lull part (tteeirtalte ea1Nd trlortgagorl, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation exktitq ursdar tM laws of tM Unitd Stags of Attteica, party of tM second part theernafte called ttte Attoeiation), WITNESSETH, This for divers gtwd end raluabN considerations, and to secure tM payment of tM aggregate sum of trtortey named to the pomrssory non of even date herewith, MreinsltM tttMtiptetf, together yyitA interest thereon and all other sums o/ moray secured herby of Iseretrtafter provided, the Mortgagor dog grant, bargain, sell, alien, remise, relsae, convey and confirm unto the Association, M lee sintltls, tM lollowirtg described real estate, of which tM Matgtrga is now sewed end possessed and in newel poeseuan, shwa in tN. County of ST • LUCI$ Slate of Florida, legally described ss fotbws: (See Legal Description Attached) TOGETHER vysth all structures and improvements now and hereafter on said land and the fixtures attxlsed thereto, also together with ell and srrsgular the tenemen[s, hertdrtsments, easements, riparian rights and appurtenances thereunto belonging, or in any rwse appertaining, and the reins, issues, end pofits thereof, and also an the carafe, right, title, intHett Ind all claims and demands whatsoever, ss well in law as in egtrity, of said Mortgagor in and to the same, and every part and parch thereof, and also a+l gas and electric fixtures, radiato.s, heaters, sir conditioning equipment, rnxhiney, boilers, ranges, elevators and motors, bathwbs, sinks, water closets, water banns, Pipes, i faucets, and oche plumbing and )reefing hxturlS, mantels, refrigerabrsg glares and ice bOrtes, window ttirlMS, SCraM doors, venetian blinds, storm shurtNS and awnings, vMicA are now or may hereafter pertain to a be used vwtA, in Or Ort said premises, even though they be detxtted W detxhable, are and dull b! deemed to Ix; hxwres and acces:tuns to the freehold and a part of the rNtty, and, it the above described pOperty is now W shall hereafter be used to commercial purposes, then the furniture and turmsMngs and any replacements tlsereof which may be owned by the Mortgagor and which are now or may Iserealta be located upon the above described property. TO HAVE AND TO HOLO tfie same, toge[hp with aN the estate, right, title, interest, homestead, dower and right of ifowcr, separate estate, possession, clmm and demand whatsoever, in law or inequity, of the said Mortgagor in and to the same, and every part thereof, unto the said Association in Ice simple. The Mortgagor hereby covenants with the Assocuuon that the Mortgagor is indefeasibly seized with the absolute and tee simple tick to said prope,ry, and has cull power, and lawful authority to sell, comreY. transfer and mortgage the same: that it shall Ise lawful at any time hereafter fa the Association to pexeably and quietly enter upon, have, hold and copy card property, and every part thereof; that saW property is tree and discharged from all liens, encumbrances, and darns of any kind, inclirdirig taxes and assessments, except the lien hereof, vvhrch is a first hen on said poperty, that the Mortgagor vwtl make such further aSwranCei to perfect the fee simple true to Said property ~n she Association as may reasonably be required; and that the Mortgagor does hereby fully warrant unto the Association the tint to said poperty and wilt defend Sar,ie agarnst the mortgage claims and demands of all persons whomsotirer. - NOW, THEREFORE, the condmon of this mortgage is such that d the Mortgagor shall well and truly pay unto the Astocutan, me rr,debtedrtess ev,denced by that ce,tain promissory note, of even date lilrtnrvith, made bt/ the Mortgagor and payable to the Associatan, rn the Principal win o+ THIRTY THOUSAND and NO/100------------------------------------------- DOIIARS IS 30, 000 •00 1, together with interest as therein stated, payable over a term of 348 months, and shall perform, comply with and abide ay exh and every the stipulations, agreements, conditans and covenants contained and set /orth in this mortgage and in the promissory pore secured hereby, then this mortgage and the estate hereby created shall cease end be null and vod. TRANSFER OF THE PROPERTY; ASSUMPTION tf all or any part of the Property or an interest therein is sold o? transferred by Mortgagor without Association's prior written consent, excluding (at the creation of a lien or encumbrance subordinate to this Mortgage, Ib) the creation of a purchase money security interest for household appliances, Ic) a transfer . try devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three year or feu not containing an c,ption to purchase, Association may, at Associations s option, declare all the sums secured bythis Mortgage to be immediately due and payable. Association shalt have waived such option to accelerate it, prior to the sale or transfer, Association and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit o! such person is satisfactory to Association and that the interest payable on the sums secured by this Mortgage shall be ore such rate as Association shall request. If Association has waived the option to accelerate provided in this paragraph and it Mortgagor's successor in interest has executed a written assumption agreement accepted in writing by Association, Association shall release Mortgagor from all obligations under this Mortgage and the Note. If Association exercises such option to accelerate, Association shall irate 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 Mortgagor may pay the sums declared due. !f Mortgagor fails to pay such sums prior to the expire rion of such period, Association may, without further notice or demand on Mortgagor, invoke any remedies permitted by paragraph t5 hereof, AND the Mortgagor does hereby covenant end ~grse 1 To pay all and singular the principal and rnterest and other Sums Of money payable by virtue of said pomrssory note aisd this mortgage. or erttier. promptly on T the days respectively the same sewraNy become due c ~ 2 To pay alt and singular the taxes. assessments. other governrtsanal levies. Irabitrtres. obligations and encumbrances of every nature on said described poperty .a m and the related debt acquisitan each and every when dos and payable according to law. before they become dehriquem and. rf the same shah not be promptly ..D ~ pa,d the Association may at any trine. either before Or ahsr delinquency, pay the same vritlioist war i r aNecting the option to foreclose. or any right v ~ ~ c hereunder. and every payment so made shall bear rnterest from the date thereof at the rate of ~r p per annum ~ ~ That she Mortgagor wdt keep aft real and personal property now a hereafter encumbered by the Iren of this mortgage insured as may be regwred from nine to c: ~ ~ time by the ASSOCraUOn against loss by tire. w:ndstam and other hazards. casualties and conbngenGes fa wch periods and for not less than such amounts as ~ ~ ~ may be regwred by the Association and to pay pompily when due all premiums for wch rnsurance Mortgagor agrees to debrer renewal or replacement iPl ~ ~ potrcres o! any nature or replacement certrircatss of rnsurance to the Assocratron. at least ten i 101 days prior to the expiration or anniversary date of the exist,ng W ~ -O policies The amounts of rnsurance required by the ASSOCiaL,On shaft be minimum amounts for which said rnsurance shat) be written and rt shalt be incumbent 3 F_ ~ upon the Mortgagor to marntaen such addrtronal insurarsce as may be necessary to meet and comply fully with alt co-rnwrance requirements contairtetl rn Said c W ~ pohues to the end that said Mortgagor is not a CO•insura ttsareunder Inwrance shall be written try a company or Comparoes approved a designated by the ~ Association and all polrc,es and renewals thereof shalt be heW by the AssOCration AN detailed designations by the Mortgages wtuch are accepted by the ~ w + Assoc,ation and aft agreements between Mortgagor and ABSOCistron relating to mwrance. raw existing or hereafter made, shalt be in wrmng and shaft tee a part ~ U V o of this mortgage agreement as fully ss tfaugh set forth verbatim herern and shall govern both parties Iserelo and them successors and assigns No Iran upon any ~ of said polreees of rnsurance or upon any refund or return premwm which may be payable txt the carnetlatan or termination thereot, shall be green to other than c Q p yt the Assocrauon. except by proper endorsement aHrxed to wch potscy and approved by the Associaton Exh pdrey of rnwrance shalt have aft,xed thereto a Standard New York Mortgagee Clause rvittsout Contributan. mslu aN bss or bases under wch i„ rig polity payable to the Association as its rnterest may appear .t ~ In the event any sum or wins of money become paysbb thereunder. the Association shelf Mare the optron to receive and apply the same ten account of the ,n- F- ~ ~ debtedness hereby secured, or to permit the Mortgagor t0 receive and use rt. or arty part thereof, without thereby wamnp or imparnrtg arty egwty. lien or right under and by wrtue of teas mortgage tnevent of toss or physical damage to the mortgaged property, the Mortgagor shall give immadiats notice thereof by mart to the Association artd the Assoerstion may make proof of bas if the same K not made pomptly by the Mortgagor In event of loreclowrs of tMs mortgage. or other transfer of titb to the mortgaged property. in etcbnguishtrient of tM indebtedness secured tteeby. sN right. title and interest of the Mortgagor in and to arty mwrsnce pdiraes then in force shah pass to tM purchase or grantee. The Mortgagor further agrees to abde by the rules and sxisurp regulatans of the Associaton, in conrsscttort with rsquirW irisurantx coverage of the property herein encumbered. 4 Paragraph 4 and class vvltich togow an COntaitted on lets reverse side of the mortgage and by nlenncs are incorporated inb fete body of tlws mortgage. The terms Mortgagor and Association, vrf?eriere? used in this instrtsrrsenf, shell irsdude the heirs, personal representatives, successors or assigns of the respective parties beret ever used, the singtrlsr number shat! include the plural end the plural the sirsgular, and the use of arty gendtr shall include all genders. tly1TNE55 WHE ,these premises haw been execu[ad on the day and yew first above written. delivered m t ot_ fSEAI? KL~ O. BARTS~~~ ' r g04 (SEAL) MARL ETL BARTSCHAT ISEAII ISEAII ' ~V ~i STATE OF FLORIDA ~a,Nr, ~ MARTIN The ftitlgt?ili~irtstrttntsnt yes acknowfadged before me ton l5 deli of April , tg$Q by '+,e ~j~ KI:AUS O: `~ARTSCHAT and MARGARET$ BARTSCHAT, husband d w e ~ s q ~ , t , - F ~ - ~ Notary Pt:txa, State el Flctida at larrye . t ry omnu;ton xpfrG ec. 98 - trC•it•:r a, A„~•:,:•a lir• a C•i~rrr RIDA - hoary hrbfic. sure of r~ B(10K ~~tL.e7 PAGE