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HomeMy WebLinkAbout2003 - 59288-2 C-?OlA cr THIS MORTGAGE INDENTURE ~ ~ EatCU1N1 ihit Q'~l~y of April . A.D.. te80 . by LESLIE HOWARD BERGER and LYNN F. BERGER, husband and q~ Q4~~35~32 I parry of the lust part (?tereinalter called Mongagoit, to , << , • f CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation exnurtg under the laws of the United Stilts of Amtrrca, party of the second part Ihereinatter called the Auocisuon), WITNESSETN, That for deeps good and valuable consrdNauons, and to secure tM payment o! the aggregate sum o! money rtarrsed m the promissory note o1 even date herewth, hppnatrer mentioned, togttlter wnh interest thereon and ell othp sums of money secured hereby as hereinahp provided, the Mortgagor does grant, baigaio, till, alien, nitrite, relNft, convey and confirm unto the ASSac1a000, m feeoi~fwsnplt, the followrrtg described real estate, of whicA the Mestgagor is now fuzed and possessed and in acwal pos:essron, situate in the County of 3Te LUCIE State M Flesrda, legally [lescnbetl as touows RECEIVED ~ as.>T~3C. ~N PAYMIE1fT OF TAXES ~ CUE 0?i CIASS 'C' INTANB18lE PtRSONAL PROPEkT1~r f Ui(SOAlIT TO't.NAPTER T1.13~it ACTS OF tell, (See attached description.) ~csER CLFRK aNCwT COYRTr W~ q,, s~i(~ TOGETHER wi?h all str[>cturts and improvements now and hereafter on said land and the futures attached thereto, also together with elf and srrtgular the tenements. ~ereditaments, easements, riparian rights arxf appurtenances thereunto belonging, o[ m any wife appertaining, and the reins, iswes, and protrts thereof, and also all the estate, r fight, title, mcerest and all dorms and [remands whatsoever, as well rn law as m equity, of card Mortgagor m arW to the same, aril evNy pan and parcel thereof, oriel also alt gat one Necu+c hxwres, radwtors, heaters, au con[f+tionirg egwpment, macMnery, boilers, ranges, elevators and motors, batMutn, sinks, water closets, water basins, pipes, f eu[ets, and other pluminr>y and heating fixtures, mantels, ieingeratirrg plans and ice bones, wu+dow screens, screen doors, verteuan blinds, seam shutters arW awnings, which ere now o. may hereafter penain too[ lie use[f w+th, rn or on said pemites, eve4 though they t>e detached « detachable, are and shall Ire deemed to rte fixtures •nd accessions to the freehold and a pan of the realty, next, it the above dtttntted property is now « shah Irerealter tit used t« commernal purposes, then the furniture an[f furnishings and any replacements thereof whrcn may t>e owned by tfte Mortgagor and inhrch are raw or may hpeatter tie located upon else above descrrbe[l property. t0 HAVE AND TO HOLD the same. tugethp with all the estate, right, bile, mteren, httrrtestead, dove[ and right of down, separate estate, possesswn, claim aril .remand whatsoever, rn taw « rn equity, of the caul Mortgagor rn and to the same, and every part thereof, unto the said AtsOtiatiOn rn lee simpie. Tne M«tgayur he N>Y covenants with the AsSOtiatron That the Matgag« is indlleasrbly seized with the absolute and lee srrnpk trek to card property, and has lull power, en.t lawful authwrf~to sell, cornet'. transfer anif mortgage eft! soma than rt shall be lawful at any t.me hereafter for the Associahon to peaceably and quietly MtN upon, h.iv e, nuW mxf enjoy sail pratier ty, arW every part thereof, that sniff property is hee and diSCha+ged hom all hens, encumbrances, and claims of any kind, irtCludinq to¦es and +isrssmems, except the hen hereof, which n a first hen on said pit)perry, that the M«tgag« will make such further.asswances to pe,fect the fee s,mple title to said property .n me Assocwtion as may reasw,,tbly t>e reyw+etl, and that the Mortgagor does hereby fully warrant unto the Association the title to card property and will defend same ...i,anst the murtyaye cleans and [lemarxls ul all persons whomsoever. NOW, THEREFORE. the corxLUUn of this mortgage is such that d the Mortgagor shall well and truly pay unto the Association, the irrdebteifness r:~aenceif by that certain promissory' note, of even date herewith, made t>y the Mortgagor and payable to the Asvx iaaon, m the principal sum ii FIFTY ONE THOUSAND, THREE HUNDRED and NO/100-------------------------DOLLARS 51 300 ~ 00 together with interest as therein stated, months, and shaft 7 payable over a term o! 348 t>r~lur m, corry>ly with and abide by exh and every the stipulations, agreements, conditions aril covenants contained and set lonh in this mortgage and m the promissory note cep wed hereby, then this mor [gage anc) the estate her Nry created shall cease aril lore null and void. TRANSFER OF THE PROPERTY; ASSUMPTION It all or any part of the Property or an interest therein is sold or transferred by Mortgagor without Association's prior written consent, excluding (a? the •~reation of a lien or encumbrance wbordinate to this Mortgage, (b) the creation of a purchase money security interest for household appbances, (c1 a transfer ray ueviie, descent or by operation of law upon the death of a point tenant or (d) the grant of any leasehold interest Ot three years or less not containing an of»ion to purchase, Association may, at Association's option, declare all the wins secured by this Mortgage to be immediately due and payable. AffOClatlOn mall have warned such option to accelerate it, prior to the sale or transfer, Association oriel the person to whom theProperty is to be sold or transferred reach ayreemant in wnt:ng that the credit of such person is satisfactory to Association and that the interest payable on the sums secured by this Mortgage shall be it such rare as Association shall request,.lf Associatiois has waived the option to accelerate provided in this paragraph and if Mortgagor's successor in interest r,e; executed a written assumption agreement accepted in writing by Association, AssOCia.ron shall release Mortgagor from all obligations under this Mortgage vu: the Note. if Association exercises such option to accelerate, Association shall mail Mortgagor notice of acceleration. Such notice shall provide a period of not less than .!O days from ilia date the notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor tailt~t0 pay such sums prior to the expire ,:n of such period, Association may, without further notice or demand on Mortgagor, invoke any remedies permitted by paragraph 15 hereof. AND the Mortgagor does hereby covenant and agree 1 To pay all and singular the principal and interest and other sums of rttortey payable by virtue of said promissory rate and tMs mortgage. or either. promptly on ' the days respeCbvely flee same isveratly become due ~ ~ 2 To pay all and singular tfre taxes. assessments. other govsrnmsntal levies. babibues. obligations silo encumbrances of every nature on said described property _ -D and the related debt acqursitton each and every when du. and payable according to law. Detese they become delinquent and. if the same shall not De promptly 'n o m paid the Association may at any time. either batess es after deiinqusricy. pay the same without wowing or affecting the optan to f«ecrose. es any right G ~ ~ hereunder. and every payment So made stUU bear interest from the date thereof at the rate of eiynteen per cent 118°161 per annum Q ` ~ 3 That the M«[gagor will keep au real and personal property now es hereaher encumbered by the Iren of this mestgage insured as may De ragweed from time to ti rn t~r.te by tt[e Association against bss fry hie. windstorm and other hazards. cawslbes and cont,ngencres for wch periods and for rat less than such amounts as 7 s r"f may be regwred by the Association and to pay prompay when tlue all premiums les wen insurance Mestgages igrees to deliver renewal or replacerrxnt n- ~ tT t.uliues of any nature or replacement cerbhutes of rnsuranca to the Association. at least ten i i0l days Wror to ttie expi,atwn o+ anniversary date of ilia ensting ~ tx,iiues The amounts of insurance required by the Association shall be minimum amounts for which said mwrance shall be wnttan and n shall be incumbent ~ ,O uVOn the Cdortgagor to maintain such additional inswanCe as may be necessary to meet need comply fully with all co•msursnce requuemenis contained m said 3 ~ ~ policies to the end that card Mortgagor rs not a co-inwres tltsreurWer. Insurance shall be wnttan by a company es companies approved es designated by the c ~ Qo tL Association and alt policies and ronewsls thereof shall bs field by [he Association All detarlrtd designatiisns by else Mortgages wfucn are accepted by the ~ ~ Association and aN agreements between Mortgagor and Association relating to inwrance. raw existing es hereaher made. shall be in writing and sftall be a part ~ ~ of this mortgage agreement as fully as though set forth verbatim herein and shall govern both paHies Hereto and then successors and assigns No litre upon any C a of said policies of insurance es upon any rsfurW or return premium wMCh may be payable on the cancellation or termination thereof. shall be green to other than ~ the Association. except by proper endorsement aftutd to wch policy and approved by the At:foCiatiOn Esch policy of insurance shall have aHixtfd thereto a _ ~ ~ ~ Standard New Yak Mestgagee Clause without Contnbutitxt. malting sir bas or bases under such policy payable to the Association as its mttrest may appear ~ !n the event any sum es wins of money become payable thereunder, the Association shall have the tsption to receive and apply the same On accoum of the in - - debtedness hereby secured, es to permit the Mortgagor t0 receive and use R. es any part thereof. without thereby waiving or impairing any equity. Iren es right i'" ~ ~ under and by virtue of this mestgsge to event of bas es phypcal dam to fete more g ges gi by mail ~ to the Assbciauon and the Association may make proof of bas d the sa~rrts is not msd~e pr~ompt~rbyytfte Mortgagor in evvent o/ fesOClosur oft thiswmortgage. or other transfer of title to the mortgaged property. m extinguishment of tfte tndebtetlness secured fisraby. all right. title and interest of the Mortgages m and to any inwrance policies then in force shall pass to the purchaser es grantee. TM Mortgages further agrees to abide by ens rotes and existing regulations of the Association. m conrtectiort with rlgwred iriwrance covsrsge of tfte property Mrtin encumbered. 4 Paragraph 4 and [hose which fellow are contorted on tM rwarlw silt of teen mortgage and by raftrtrtce are ihcorpora[ed into tM body of this rttortgape. The terms M«tgsgor and Association, wneriever used rn this instrument, shall include the heirs, personal rtprefematrvls, wCYetsOrs or assigns of the respective parties Hereto. Wherever used, the srrigirlar number shall include the plural and the plural the singular, end th use of any gender shall include all genders. IN WITNESS EREOF, these premises hour been executed on the day and year lost above vvr en. Signed, a rid Aelrverecl in ttie Presence n K "Zl/t (SEAL{ ,,r ~f~ L OW BTR L Fa B (SEAL) ISEALI ss ~o /~k 'wi~~D _ STATE OF FLORIDA COUNTY OF-~_ a The lesegoirig instrument was acknorMerlged txf«e me this day of April . 19 84 Nt'tl` ~•i ..4r ~i' f LESLIE HOW b.~• ~ E~~~ rs` ARD BERGER and LYNN Ft BERGER, husband ar~lc~ r t>,. Notary Public, State of Floridia at Lergs - ~ My Comm~ss:on E,pires October 31, 1980 - LENC?ER ioedtd by M~ecer Agtacr My commission expires / ~ U D r • , ^ fir. ~ A• r Notary Fabric, Stott ofj,R1~J y , , 'ir!?a~~'f->r~ fir-- r . y_y cc~~