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HomeMy WebLinkAbout2091 • 4~~~ C-689A cr . • .6135'-~T',; THIS MORTGAGE INDENTURE ' ~ /d Executed th+. 10 .day of Apri 1 . A.D.,19 80, by ~ JAMBS •M. McKEBVER and CLAUDIA H. McKEEVTR, husband and wife V~~-~'~a S party of the hits part (herernaltN called Mwtgagoi?, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a cafarauon exrst+rsg wider the hors of the United States of Amer+ca, party of the second part (he+anslta called the Assocralanl, WITNESSETH, That lo. Uwers good ants valuable consrdaauons, and to sewwe tM paymem of the aggregate vein of money earned m the p+omrstpry note of even date herewith, hererrralter mentioned, together w+th interest ihe+ton and all other sums of money secured hereby as ltgiemafttr piovrtled, the Mortgagor does gram, bargain, x11, alien, remise, rekase, convey and conlum unto Me Assocrat+on, rn IK umpM, the follLO+wrng described real effete, of which the Mortgagor rs now sewed and possessed and rn actual possessron,:+tuate +n the county of ST. LUCIE State of Flgrda, legally tlescr+hed as follows ~n 0 Q RECFlYE9 IN PAYMENT Of f11XQi (See Legal Description Attached) L, CL ` •c• ~•IT;~;c stE PcrsoaAL PN9l~n~ Nr T ii.. i 71- ACTS OF N)1r it~GElt ?gTRAS Cl 6K p.t:.UIT CGYRTr ST. LW~ ~ ~ C?~~Ci TOGETHER wrth au suucwres and rnlprovernents now and hereafter on sa+d land and the fixtures anached thereto, also togetfrp worth all and singular the tenemems. heredrtaments, easements. npa: ran nghR and appurtenances thereunto belonging, or m any verse appNta+ning, and the rents, issues, and profits thereof, and also all the estate. ngM, true, rmerest anti all clams arxs demands whatsoever, as well m law as m egruty, of said Mortgagor m and to the same. and evHy part and parch thereof, and also aq gas and electr+c fixtures, ratLators, heaters, au condnromng eywpment, mathrrtery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, water basins, prp~s, faucets, aril other plumb+ng and heanny h¦tures, mantels, rehrgeraUrg plans anti rt! IwxK, window sirtens, ttrlM dpO1S, 1/lOtuan blinds, storm shuttlrf and awnings, wnt+th are now or may hereafter pertain to or be used wdh, rn or on sad premises, even though they be detached Or detaChatrk, are and shall b! deernltl to ftt Irxtwes arW accessions to the heehuW and a pa+t of the realty, and, d the above dexnbed property is raw or shall hereafter be used fa commercrat purposes, then the lurnrture and IurniHrngs and any replacements thereof wn+rch may be owned by the Mortgagor anti Which a+e now or may hereafter be located upon the above described p+ope.ty. TO HAVE AND TO HOLD the same. together w+ih ail the estate. right, utle+ interest, horrtestexl, dower and right of dower, separate estate, ptxsessron, clam anti demand whatsoeve+, m law or in equity, of the sad Mortgagtr m antf to the same, and every part Hereof, unto the sad Assocwuon rn fee simple. The Mortgagor hereby covenants wrth the Assocrauon that the Mor tgaggr +s rntlefeat+Wy seized wrth the absolute and lee simple utb to sa+d property, and has lull power, and lawful authunty to see, convey, uansfer aril mortgage the same. that a shall be lawful at any time hereafter fa the Astocrauon to peaceably and quietly enter upon, nave. hold a+xl entoy Saul prt><rerty- aril rvery pars thereof: that card property +s fret and drschargiW hom all bens, encumbrances, and clams of any kind, rncludrng taxes and assessments, except the hen herein, wh+ch rs a lust hen tin said property, that the Mortgagor will make such further assurances to perfect the fee s+mple true ro sa+d property .n The Assoc+auar as may reasonaldy tee regwretl. and that the Afortyagor does hereby fully warrant unto the Assoc+aLOn flit true to sad property and w+lt defend same -+y.unst the mortgage clams aril demands i1 all persons whomsoever- NOW. THEREFORE, the corxLnun of this mortgage rs such that d the Mortgagor shall well and truly pay umo the Associatan, the rrtdN+tatness e.~dencal by that ce+ta+n promssory note, of even date herewdh, made b1r the Mortgagor and payable to the Associatan, m the pnrrt+pat sum THIRTY FIV$ THOUSAND and NO/100--------------------------------------DOLLARS a 35 , 000.00 1, together wrth interest as therein stated, payable over a term of 348 months- and shall I+erfnr m, corrt~ty wrth and erode iiy each and every the sLpulabons. agreements. cond+LOns and covenants contained and set north m this mortgage and m the prom+ssay note secwetf hereby, Then the mortgage aril the est.+te hereby cleated shall cease and tee null and vod- TRANSFER OF THE PROPERTY; ASSUMPTION If all or ariy part of the Property or an rnterest therein is sold or transferred by Mortgagor without Association's prior written consent, excluding (al the reation of a lien or encumbrance subordinate to this Mortgage, 1b) the creation Of a purchase money secwity interest for household appliances, 1c1 a transfer c,v tlevise, descent or bV operation of law uaon the death of a point tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Association may, at Associations option, declare all the sums secured by this Mortgage to be immediately due and payable. Association shall nave waved such option to accelerate rf, prior to tl+r sale or transfer, Association and the person to whom the Property is to be sold or transferred reach ayreernent m .writing that the credit of such person is sat+siactory to Association and that the interest payable on the sums secured by this Mortgage shall be ,t such rate as Association shall request. If Association has waived the option to accelerate provided in this paragraph and if Mortgagor's successor in interest has executed a svr+[ten 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, AssocraNon shall mail Mortgagor notice o1 acceleration. Such notice shall p?ovide a period of not less than 30 tlavs /rom the date the notice is mailed within which Mortgagor may pay the sums declared due. if Mortgagor sails to pay such sums prior to the expira- t~on of such txrrod, ASSOCiatiOn may, without further notice or demand on Mortgagor, invoke any remedies permi[ted by paragraph 15 hereof. AND the Mortgagor does noreby covenant and agree t To pay all and singular the principal and rnterest and other sums of money payable by virtue of card promissOty rate and this mortgage, or ertfler. promptly errs the days respect+vely the same severally become due 2 To pay all and singular the taxes. assessments. other governmental levies. Iraairs;es- oblrgat:ons and encumbrances of every nature on card described property and the related debt acqursrt+on each and every when due end payable accordrrig to law. before they become delinquent and. if the same shat: nOt be promptly pa+d the Assocratan may at any Lme. either beforo or after delinquency. pay the same without warwng or aNecUng the option to laecbse. a any ngM hereunder. and every payment so made shall pear mtersst from the date thereof at the rate of eighteen per cent 1180 per annum 3 Tnat the Mortgagor will keep alt real and personal property now a hereafter encumbered by Ilse hen of th+s mortgage revered as may be regwred from Line to nn,e by the Assocrahon against loss by fire. windstorm and other hoards. cawalbes and conbngencres for such periods and for not less sham wch amounts as mas- be rtiqu,red by the Assocrat~on and to pay promptly when due all premwms la wch insurance Mortgagor agrees to deliver renewal or replacement puhi~e5 of any nature Or replaCemMt certdreites Of insurance to the AziOCiatron, at least ten I1 O) days pier to the step+ratron or anniversary date of the existing po~~c,es Tne amounts of insurance regwred by she Assocratan shall be minimum amounts for which card mwrance shall be written and d shall be recumbent ulwn the Mortgagor to maintain such sddrtrOnal insurance as may be necessary to meet and comply fully wrth all co-insurance requirements contained in said po!~c,es to the end that Bard Mortgagor is not s co-insure thereunder. Insurance sMil be written by a company or companys approved a designated by the Association and au policies and renewals thereof sM11 be held by the Association AU detailed des+gnatrons by the Mortgagor which are accepted by the A55•ociafron aril all agreements between Mortgagor end Association rstatrng to rnwranCe. now existing Or hereaher made. shall be in writing and shall be a part of His mortgage agreement 7s fully as [hough set forth verbatim herein and shall govern both parties hereto and their successors and assigns No ken upon any i of said ftohaes of mswance or upon any refund or return premium which may be payabb Ort the csncellatron or termin3LOn thereof, shall be given to other than ~ the Association. except by proper endorsement effusd to wch policy and approved by the Associatan Each policy of inwranCS shall have aHixtd thereto a I Standard New York Mortgagee Clause wrtfaut Contnbutron. mabtsp all bas or losses under such polrgr paysbk to the Association as its rnterest may appear E In the event any sum or Bumf of money become payable thereunder- the AssOCratron shag have the option to receive and apply the same on account of the m- debtedness hereby secured, or to permit the Mortgagor to receive end use rt. w arty part thereof. without thereby waning w irtspainrtg any equity- ben or right under and Dy vntue of this mortgage In event of ties or physical damage to the mortgaged property. the Mortgagor shall give immedrste ratite thereof by marl . ro the Associatan and the Association may make proof of bas d the same is not made promptly by the Mortgagor In event of forsclowre of this mortgage. a other transfer of Lsle to fly mortgaged property. in extinguishment of the intfebtsdryss secured hereby. all right. Ltle end mtersst of the Mortgagor m and to any +nwrance pobaes then rn force shall pass to the purcMser Or grantee The Morigsgor further sprees to abide by the rules and a:isung regulations o1 1tM - Associatron. in etxinectan mth rsquirsd inwrsnce coverage of the property Mrein encumbered 4 Paragraph 4 and tfsose which folbw are contamtd on fly rewrq side d this mortgage and by nbnrsq an xtcorporated into tM body Of tFtis mortgage. r The thins Mortgagor and Associatan, wherrevtr used m this instrument, shall include the heirs, personal representatives, successors a assigns of the respective parties Hereto- Wherever used, the singular number shall rrtclude the plural and the plural th! singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, these premises have been executed on the day and year lira written. Sgned, sealed and dNrvered in the presence of: ~ S M. MC EALI i [ s ~ _ _ ISEALI CLAUDIA H. McI iEYER ,.~;;;r.: , f' ISEALI , _ EALI ' - ~ ~ FLORIDA MARTIN ~ STATE OF COUNTY Of - ,j - The f« instrument was acknowl 10 Apri 1 80 ~ f'9o n9 edged before me this day of , 19- by i 'rrrr ~ t ~ JAMES M. McKESVER and CLAUDIA H. McKEEVER, husband and wife. eoesi.c ~ LENDER My comm+ssron expires IATARY PIJILIC STATE Of aoR1QA AT tARGt ' Mfr COb1MlSStOH EX?IRfS AUG .91981 Notary Puwicr state or' ~ FLORIDA ~PCfD TF~(/ GEf~RAL INS UPlDERWRtT~ I ~ ~ ~~4 P~~ zo89