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HomeMy WebLinkAbout2639 ~ THIS MORTGAGE INDENTURE ~ ~ ~ >~so819=8- • c-733A nib. ,=.K~iw chi, 18 clay of Aprf 1 • A-o-• 19 80• ~ KLAUS O. BARTSCHAT • and MARGARETE BARTSCHAT , his wife , 4 ~J~rJ9 party of the lint part (naanalter called Matgagal, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation existing under the Taws of the United States of America, party of the second part (he+analter called the Associatanl, WITNESSETH, That for divers good and valuable considerations, and to secure the payment of the aggregate sum of truoney named m the pronusswy note of even date herewith, hereinaRer mentioned, together wrih mterest thNeon and all other moms of money secured hereby as Mremsltar provided, the Mortgagor does grant, bugain, sell, a1.en, remise, reease, convey and confirm unto the Assoeiauoan, m lee simple, the lolbvwng described real esate, of which the Mortgages is nova sewed and possessed and m actual posseuion, suuate m the County of ?St . Lucie State of Florida, legally described as follovK. - - - ~ ~ ~ - ~ ~ r (See Description attached..) ~ ~,.~r,~+;~" _ ~f~ . ; TOGETHER with all strrictures and rmprovemMts now and herrafter Ori sad land and the fixtures attacfsad thereto, also Iogetlslr month all and singular the tenements. neredrtamersts, easements, riparian rights and appurtenances thereunto belonging, or m any vase appptainrrg, and the rents, issues, and profits thereOl, and also all the estate. +~ant, titre, mterest and all claims and demands whatsoever, as well in law as in equity, of said Mortgages in and to the same, and every Part and Parcel ttsereol, and also all gas enil etecurc fixtures, radiators, heaters, an contlnrtxiirg eywpment, machinery, boilers, ranges, elevators and motors, bathtubs, sinks, water closets, water basins. Drees. t.eucets, and other plumbing and heating fixtures, mantels, refigcraung plans and ice bones, vwndow screens, screM doors, venetian blinds, storm fhurtNS and awnings, which ere now or may hereafter pertain to or Ire used with, in W on said pemises, even though they be detached Or detachable, are and shall 4! deemed to be fixtures and accesvons to the lreehdd and a part of the reacy, and, it the above described property n now or shall hereafter be used for commercial purposes, then the lurmwre and furnishings and any replacements Thereof which may be owned by the Mortgagor and which are now or may hpealter b! located upon the above described property. TO NAVE ANO TO HOlO the same. together vnth all the estate, right, title, mterest, homestead, dower and rght of dower, separate estate, possession, claim and :femand whatsoever, in law or in equity, of the said Mortgagor in anti Io the sarr?e, and every part thereof, unto the said AssOl:wtion in fee simple. The Mcrtgagtn hereby covenants wrih the Asxxwtion that the Mortgagor is indefeasibly seized wch the absolute and fee simple title to said property, and has lull power, an.f iewlut authority to sell, convey, transfer and mortgage the same. that H mall tie lawful at any time hereafter fa Me Association to peaceably and quietly enter upon, ne.e. hold and entoY card property. aril every part thereof, that sad property rs Iree and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessrnems, a>cept the hen hereof. vvhrch u a first ben on said property. that the Mortgagor will make such further aswrances to perfect the fee simple title to said property s :r. the Association as may reasonably be reywred, and that the Mongagor does hereby fully wariant un[o the Association the title to said property and vrJl defend same +•~st the mortgage claims and demands of all persons whomsoever. NOW, THEREFORE, the cordmon of tMs mortgage n wch that d the Mortgagor shall well and truly pay unto the Associatiwn, the indebtedness ::fenced by roar certain promissory note.' of even date herewith, made by the Mortgagor and payable to the Association, m the principal mom t THIRTY FIVE THOUSAND AND NO/100--------------------------------- DOlLAHS ; i~ 35 000. OO 1, together with interest as therein stated, payable aver a term of ____348________ months, and shall ur' 1<nm, curirply vwth and atiitfe by each and every the stipulations, agreensents, conditions and covenants contained and ~et~orth m tors mortgage and ~n the promissory note secu+ed hereby, then this mortgage and the estate hereby created shall cease and be riill and word. TRANSFER OF THE PROPERTY; ASSUMPTION I! alt or any par[ of the Property or an interest therein is sold or transferred by Mortgagor without Association's Drior written consent, excluding lest the cr,~ation of a hen or erxumbrance subordinate tothis Mortgage, Ibl the veation of a purchase money security interest for household appliances, (cl s transfer e,v devise, descent or by operation of law upon the death of a ~~oint tenant or Idl the grant of any leasehold interest of three years or less not containing an ~r~.non to purchase, Association may, at Association's option, declare all the sums secured by this Mortgage to be immediately due and payable. Association shell 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 - .-i3rrement in writing that the credit of such person is satisfactory to Association and that the interns[ payable on the sums secured by this Mortgage shall be r! z wch rate as Association shall request. 1f Association has waived the option to accelerate provided in this paragraph and if Mortgagor's successor in interest nes executed a written assumption agreement accepted in writing by Association, Associa.on shall release Mortgagor from all obligations under this Mor[gage e+~.i the Note. I f Association exercises wch option to accelerate, Association shall mail Mortgagor notice of acceleration, Such notice shall provide a period of not less than ?(1 ::ays from the date the notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor fails to pay such sums prior to the expires- ~,:n of such period, Association may, without turther notice or demand on Mortgago?, invoke any ramedees permitted by paragraph 15 hereof. AN0 the Mortgagor does hereby covenant and spree - t To pay all and singular the prinupal and interest end other sums of money payable by vutue of said promissory mote and tMs mortgage. or either. promptly on the days respectively tfte same sevsrslly become due 2 To pay all and singular [he taxes. assessments. otMr governmental levies. Irablitiss. oblipatrons and encumbrances of every nature on said described property and the related debt acquisition each and every when due and payable according to law. before they become delinquent and. d the same shall not bs promptly paid. the AssMiatron may at any time. either before or after delinquency. pay the same without waning or aNecting the option to foreclose, or any right hereunder. and every payment so made shall bear mterest from the date thereof at the rate of eighteen per cent (189b) per annum 3 Tnat the Mortgagor will keep an real and personal property now W hereahsr encumbered by the ben of [Ms mwtgape insured as may be required from time to t~n,e by the Association against loss by Irre. windstorm and other hazards. casualties and contrngenuies fa wch perwds and for not less than such amounts as may tie requued by the Associaton and to pay promptly when due all premiums for wch insurance Mortgagor agrees to deliver renewal or redacemem rabues of any nature or replacement certificates of inwrance to the Association. st least ten ItOI days Drior to the expiratwn or anniversary date of the existing policies Tne amounts of insurance required by the Association shall be minimum amounts for which sad insurance Shall fle written and it shall be incumbent upon the Mortgagor to maintain such additional inwrance as may W necessary to meet and comply fully with all co-insurance requirements contained rn said ponces to the end that said Matpspor is riot a co-inwror thereunder Inwrarxe shall be whiten by a company or companies approved a dss+gnated by the Association and aft policies and renewals thereof shall ties hsW by tM Association. All deeded desipnatwns by the Mortgagor which are accepted by the J Association and all agreements between Mortgagor and Association relating to insurance. now sxatirp or hereafter made. shall be m writing and shall be a part i of this mortgage agreement as fully as [tiotrgts set forth verbatim fwran and shall govern both parties hereto and their successors and assigns No ban upon any I of said policies o/ insurance or upon arty refund or return premium which maybe payabN on the cartcellstion or terminatiOrt thereof, shall be given to other than _ the Association. except by proper endwssment affixed to wch policy and approved by the Assocatiort Eech pdigr of insurance shall have sff+xed thereto a f ~J Standard New York Mortgages Clause without Contribution, malting all ties or losses wider stid? policy payable to tM Association as its interest may appear i In the event any sum or sums of money become payable tfserwnder. the ASSOCiatiOn shall have the Option to receive and apply the same On account of-the in- ` "t debtedness hereby secured. or to permit rite Mortgagor to recaw and use rt. Or arty part tltereol- without thereby waivitp or itnpimnp any egwty. ben or right ~ under and by virtue of tMS mortgage In event of loss or physical damage to the mortpagsd property. the Mortgagor shall give immediate notice thereof by mail ~ to the Association and the Associations may make proof of bas if tM same is not made promptly by the Monpapor. In event of lorecbwrs of this mortgages. or ~ other uans(er of title to the mortpspsd property. m extitguishmtent of the indebtedness secured Mreby. all rpht. btb and mterest of the Mortgagor m and to any insurance policies then in tones shall pass to the purcMser or grantN T1te Mortgagor further agrees to abide by the rules and existing repulatiorss of the E Association. in connectan with rsgwred mwrancs coverage of the property herein sncumberad i fIt ~ Paragraph 4 and those which tdbw are contained on tfse Twerp side of flies mortpape and by nfenrste are incorporated into tM body of this mortgage. s The terms Mortgagor and Association, whenever used m this instrument, shall include the heirs, personal representatives, wocessors a assigns of the respective parties ~ Hereto. Wherever used. the singular number shalt include the plural and she gluiest the sirsgular,-snd the use of arty gender shall include all genders. e IN WITNESS WHEREOF, these premises have txen executed on the day and year lint shove written. ' ' Signed, seateo and delivered m the presence ol. _ ~ \I/~~a^."~~ b ,C.~G~[~V Y~ (SEAL) i9 ~'L,(/li6l~( ~ _ (~iLU,C1/ (SEAL? I fSEAII ISEAII - av ao FLORIDA MARTIN ~ = STATE OF COUNTY OF ~ p ` ~ I Th! Ioregpirg instrumint was acknowledged belpe rtN this.la- dsy of t` ~ ~ 19~ObY L ~ KLAUS O. BARTSCHAT and MARGARETE BARTSCHAT, his wife, ~ 3 ~ .LENDER t L- _ . ?hY commission expires MQTAkY ?~=-I, :;r rw' :IJA Ai lAttGE Fl ~ i des Notary Public. State of N1i wn~...~iiv;: _t.rlnt~ n.iy i 7 IYOJ ?piwsL irs1W ;.E~1CRisl DNS , Uhliucyrili iEdS - 11~c~c~ pp ~n7K JJO pt6E 2[10