HomeMy WebLinkAbout0670 RIDER TO MORTGAGE BETWEEN ;
JAMES RICHARDS KENNEDY, II, mortgagor and LON F. PARSONS, mortgagee
At the time of the execution of this mortgage there is an outstanding .
mortgage in favor of GEORGE E. ALLEN recorded in Official
Records Book 326, page 2913, of the Public Records of St. Lucie County, Florida.
1. The mortgagor agrees to comply with all of the terms and conditions
of the prior mortgage other than with respect to the payment of -principal and
interest due under prior mortgage. .
2. If the mortgagor shall fail to so comply with all of the terms, provisions
and conditions of the prior mortgage so as to result in a default under it
(other than with respect to the payment of principal and interest due), that
failure on the part of the mortgagor shall cunstitute a default under this
mortgage, and shall entitle the mortgagee, at his option, to exercise arity all
rights and remedies given the mortgagee in the event of a default under this
mortgage.
3. Thre mortgagee agrees to pay to the holder of the prior mortgage,
the unpaid principal balance of such mortgage,~together with all interest accruing
under it, as and when required by the terms of such mortgage.
4. All those payments provided to be paid by the mortgagee pursuant
to the provisions of (3) above shall be made by the mortgage before the expiration
of the applicable grace period provided for those p3yaients as contained in
the prior mortgage.
5. The mortgagee's obligation to make the payments of principal and
interest as and when due under the prior mortgage is conditioned upon the following:
(a) the mortgagor shall not be in default under this mortgage.
(b) the mortgagor shall conply with all of the terms and provisions
of the prior mortgage other than with respect to the payment
of principal and interest due.
6. The mortgagee does not assume any of the obligations of the mortgagor
under the prior mortgage, except as pro~tided above with respect to the payment
of principal and interest due after the date of this mortgage.
7. If the mortgagee shall default in making any required payment of
principal or interest under the prior mortgage, the mortgagor shall-have the
right to advance the funds necessary to-cure the default, and all funds so
advanced by the mortgagor, together Muth interest at the rate of Fourteen (14)
percent per annum, shall be credited against the next installment of interest
and principal due under the note signed by the mortgagor.
8. The mortgagor shall have the right to prepay the whole: or any part
of the unpaid balance of the indebtedness under the mortgage at any time on
thirty (30) days notice without penalty. If the mortgagor prepays the whole
unpaid balance, the mortgagee shall remit to the prior mortgagee, out of the
prepayment funds, the unamortized principal of the prior mortgage, together
with accrued interest. Any partial payments shall be applied against the sums
last payable under this mortgage, and if the amount prepaid exceeds the amount
determined by subtracting the then unpaid principal balance of the prior mortgage
from the then unpaid principal under this mortgage, and the excess ~Imount shall
be remitted to the mortgagee of the prior mortgage by the mortgagee.
9. The mortgagor and mortgagee agree not to ent~ into ar>ly agreement
with the holders of the prior mortgage, modifying or a nding any of the previsions
dealing with the payment of principal or interest under such prior mortgage
without the prior written consent of the other. 486413
19~D ~4t;Y t 3 ~ OT
fILEC t.Nt 1`CCJ~t~~D
ST. LUCIF CQUNTY.FLA.
H06ER POITRAS
ffi~RK CIP.Ctili COUP
t:~r~ :`f.F~IF~T;
LON F. PARSON ~
t ~
cc~cc - s ~ .
B00 c~J~ P~ V~