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HomeMy WebLinkAbout1990 C?07A cr r 603?2 -2 THIS MORTGAGE INDENTURE E.ecuted to+: 11 day of April . A.D., 1980 . lay ' r d ROBERT E. MURPHY and MARY R. MURPHY, husband and wife d~352~' / r parry of the lust part (hererrtalter called Mestgagal, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation exrsurtg under the laws of the United States of America, party of the second part Iherernatter called the Assocratronl, KITNESSETH, That for drvErs good and valuable cunsrderauons, and to secure the paymem of the aggregate mom o) many named in the promrstOry note of even date nerewrth, frereirraher mentioned, together w,th rnterea thereon and all other moms of money secured hereby as lteranafter provded, the Mortgagor does grant, bargee^. x11. amen, rerrtix, refease, convey and confirm unto the Assocratron, rn fee simple, the following deur,bW real estate, of whrth the Matgages is now serted and posxssed and ,n actual pussesirorr, snuate rn the County o1 ST . LUCIE State of Flarda, legally described as fouows. RECElYEO t M MYMNI~ ?f M~ CU. WI CL 5S 'C' INTAN6'6LE PERSONAL ~~e SES LEGAL DESCRIPTION ATTACHED. •ua,;rlNi T•..' !1#fT- Tl-•:~. ACTS Of Nri . ~tuGiA PCIThAS ~ n J.~ 1iitLRK. q+tGWT CO{MT. iT.1~1'i Ne !k (/Q-~'S TUGETNER wdh all structures ancf improvements now and hereaftn ort sa,d land anct the Gxtwes attached thereto, also together month all and srrlgtrlar the tenements, hr~zdrtamems, eaxments, riparian nghu and appurtenances thereunto faNongrng, a m any wrx appertarniny, and the rents, iuuH, and profits tnereol, and alto all the estate, ,,nt• tale,. interest and all clarmt and demands rMiatsoever, as well m law M m !gutty, of card Mortgagor in and to the same, and every part and parcel thereof, and also all yes .,n:f etectnc hxlures, radiators, heaters, as condmomn9 egtrrpment, macMrtery, boilers, ranges, elevators and motors, bathtubs, sinks, water Closets, watN basins, p,pes, +ucets, and other plumb,ng and heatiny (rxturet, mantels, relrryerabrrg plans and ice boxes, w,ndow xreens, screen doors, vtrtetiart blinds, slam shutters and awnings, which 1,rr now o: may nereatter perta,n to or be uxrf wrtn, m o+ on card premrxs, even though they be detacheda detachable, arc and shall be deemed to be frxturesand access+ons ro the freehold and a part of fete realty, and, d tlse above descnbetl property rs noww shall nereatter be used to commerual purposes, then ttie fwmlure and twmsMngs ants ,n~~ replacements rfiereol yyhrth may be owned by the Mortgagor arxt wh,th ate now es may hereafter be located upon th! above descrrtxtd Droperty. . TO HAVE ANO TO HOLD me same, together with all the !smote, riyht, trtk, interest, homestead, dower and right of dower, separate estate, possesvon, clam aril ~.fema~O whatsoever, m law of m egwty, of the saxf htortgagor in and to the same, and every part thereof, unto the sad Assacrauon m fee srmpk. T rte hlongagor hereby covenants with the Assocrauon that the Mortgagor is indefeasrbty seised vvrth the absolute and lee srmpk tick to card Droperry. and has lull power, en.l iawlul authuriry to sell, convey, uanste, and. mortgage the•same. that rt shall be lawful at any torte hereafter fa the Association to peaceably and yuiedy enter upon, c• hold ante enjoy seed piuperty, erxf every part thereof, that card property s free arW discharged from all bens, encumb+ances, and claims of any kind, rrtclud,ng foxes and assessments, except the hen hereof. which rs a bras hen on sa+d Druperty. that the Mortgages mode make such further aiswar,tls to perfect the fee simple title to said property the Assocraua, as may irasunatAy l,e reyuuetf. grid that the Motgayor does hereby fully warrant umo the Assocrauon the bile to sa,d p,opertY and well defentt same , . nst the mot tgage cta+ms .+nd tfemarxts of ap persons whomsoever. NOW, THEREFORE, the condruon of eMs mortgage s wcn that d the Mortgagor shall well and uufy pay unto the Assocratron, the indebtedness r.,nencetl by -that ~er~a+n prornssory note, of even date haewrth, made by the Mortgagor and payable to the Association, m the piiricipal mom t --------------SHIRTY THOUSAND aIId NO/100-----------------------------~oLLARS ic30 Y 000 , 00 1, rogetbe, w,en interest as therein stated, payable over a term of 348 months, and shall ,~r~ h:+m, comply mth and atr.rk by each ,rid every rtte sLpulalrons, ay,eements, condn,ons and covenants contarnr!d and xt forth m CMS mortgage and m the promriwry note sr: ,,•e~f heieby, then this mot tyage .,rid the estate hereby createsf q?iall tease and be null and void. TRANSFER OF THE PROPERTY; ASSUMPTION i f all or any part of the Property or an interes[ therein is sold or transferred by Mortgagor without Association's prior written consent, excluding Ia1 the c matron of a hen or encumbrance subordinate to this Mortgage, Ib) the creation of a purchase money security interest for household appliances, Ic1 a transfer ~ devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or feu not containing an ~puon to purchase, Association may, at Association's option, declare all the sums secured by this Mortgage to be immetliately due and payable. Association eta;+ have waived such option to accelerate if, prior to the sale or transfer, Association and the person to whom the Property is to be sold or transferred reach :+9 reernent m 1vriting that the credn of such person K satisfactory to Association and that the interest payable on the sums secured by this Mortgage shall be .+t such rate as Association shall request. If Assoxiation he's waived the option to accelerate provided in this paragraph and it Mortgagor's successor in interest eras executed a wn[ten assumption agreement accepted in writing by Association, AssOCia.ion shall release Mortgagor Irom all obligations under this Mortgage .+~ui the Note. It Association exercises such option to accelerate, Association shalt mail Mortgagor notice of accelera[ion. Such notice shall provide a period of not less than 3U days from the date the notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor tails to pay such sums prior to the expire :,n o1 such perrod, Association may, without further notice or demand on Mortgagor, invoke any remedies permittetl by paragraph 15 hereof. AND the Mortgagor does hereby covenant end spree' To Day all and singular the principal and interest and other sums of money psysDle by virtue of said prtrnrssory rate and the mortgage. a ertfter, promptly on the days respectively the same severalty become due - ' 2 To pay all and singular the taxes. assessments. Other gpvernmental levees. I+abilities. obl,getrorns and encumbrances Of every nature on Sard described property and the related debt acquisition each and every when due and payable sccordrng to law. beta! they become delinquent and. if the same shall not be promptly paid the Assoc+atron may at any trine. a+tlrsr betas or abet delinquency. pay the same without waivirtg or affecting the option to forecbse. or any right hereunder. and every payment so made shall bear interest from the date thereof at the rate of e,ghteen per cent (18961 per annum 3 Tnat the Mortgagor will keep all real and personal property now a hereafter ertcumbered by the lien of rhea mortgage inwred as may be required from trine to time by tn? Assouahon aga,nst loss by Errs windstorm and other hazards. casualties and conbngencres fa wcn periods arsd for not less than wcn amounts as may be required by the Assoc+ation and to pay promptly when due all premmms for Seth msurante Moregagw agrees to debver renewal or rtlp:acement pobues o1 any nature or replacement cerbi,cates of insurance to the ASSOCraUOn, at least ten 1101 days pets to the expiration a anniversary date of the existing pui+ues The amounts o} inswance reQuued by the Assocrstion shall De m+nimum amounts for wMCh card inwrance shalt bE written and rt shall be incumbent uDOn the Mortgagor to maintain such addit+ona! ,nwrance as may De necessary to meet and comply Cully with all co-insurance requirements contained in card pol+cres to the end that card Mortgagor rs not a co-insure thereurttler Insurance shall be wrrttM by a company or companies approved a des+gnated by the Assoc,auon and all pOlicres and renewals thereof shalt be bent by the AssOCiatrort Atl detailed designations by the Mortgagor which are accepted by the Associat,on and all agreements between Mortgagor aril Association relating to inwrance. now exisbrtg or hereaher matte. shall be m wnbng aril shall be a part ' of th,s mortgage agreement as fully as though set forth verbet+m herein end shell govern both psrt+es hereto and their wccesstxs and assigns No hen upon any o} Bard polrc,es of ,nsurance a uppn any refund or return premium whKh may be payable txt the cancellation a termrnatron thereof. shall be given to other than the Associabon. except by proper eiWorsemsnt !flexed to such policy and approved by the Association Each policy of inwrance shah have aNixed thereto a StardaM New York Mortgagee Clause without Contribution. malting all bas a losses under such poky payable to the Asstxratron as its interest may appear to the event any sum a sums of money become payable thersurder, the ASSOCrattoh shall have the Option to receive and apply the same On account o1 the in- debtedness hereby secured, or w permit the Mortgagor !o receive and use it, a any part thereof, vnihout thereby waning or rmpairirtg any ttquity. hen or right under and by virtue of tats mortgage In event of loss or phystcal damage to the mortgaged property. the Mortgage shall give imrrred+ate rtOtrce thereof by mad to the Association and the Assocrstron may make proof of loss d the same is not made promptly by the Mortgage In event of foreclowre of the mortgage- a it other transfer of bile to the mortpsgtd property. m exurtguishment of the ittdsbtedrtess secured hereby. aq right. title and interest of the Mortgage in and to any insurance polrues then m face shall pass to the purchaser a grantee The Mortgage further agrees to abide by the rules and exisbng regulations of the Assoc,at,ort. m connection vnth required insursrics coverage of the property Mrein encumbered 4 Paragraph 4 and tftose month fallow era conurMd on the nwrse side of the mortgage and by reference era rncorporsted Into tM body of this rttortgsge. i Tree terms Mestgagcsr and Assocratron, whenever used in tMs rnstrutnent, shah include the heirs, personal representatives, suceessors es assigns of the respective parties Hereto. Wherever used, the singular number shall include the plural and the plural the singular, irtd the use of any ge all include all genders. IN WITNESS WHEREOF, these premises have been executed on the day aril year first above written. Signed, sealed and i•1Nivered en 1 exrfce of. iy(~ ~ ~ V l ~ ISEALI ~ U i ~ (SEAL) Y R . RP ISEAU • fiSEIlL1 v FLORIDA _Sr STATE OF - -COUNTY OF MARTIN ' 11 April ,980 y `~v.';: , t f The tesegorrtg ,nstrumem was acknowledged before m! this day of 1 by ~ 4 r - ROBERT E . MURPHY and MARY R . MURPHY, husband and wife . ~ ~f:~ = ~ f LEND My commruron expires ~ ltpTARY ?Uq,IC SUIT ~JF RORIDA Al IARCf r J"~r''~. si't'Fs ~ ~ MY CCa11+Ih1fSS10N EttPIRFS AUG. 9 1951 Notary Public, State of ~x~ '--~---'SQ--tea,. r-- ~ONOED TF1RU i,fNERAI iNS UTOE1tWtIT~