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Home My WebLink About0856 t~ 490098 HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACH TAM hurrww.t w. MNn/ M ~Drt$tI~E ~ PE~t DaGLns R. NEu _ OUNfTER, YOAl4d, CRIB, fTlWART ~ MUflY, t•.A ilnl NetiMd M~It piYlry, hl~ M~d4 iMrl~ f31N THIS MORTGAGE INDENTURE executed this 16th afJune 1980 oy CARL F. NIBERG AND 1CATJA WIBERG, HIS WIFE ' St. Lucie of tM County of $imc~pblc Srote of Florida, hereinafter tolled the Mortgagor, which term as used in every irgtanq shah include .the Mortgagor's heir, executor:, successors, legal ropresenrotives, and assigns, including all •ubs~queM grantees, either vdunrorily by act of the parties, or involuntarily by operation of low and :hall denote the singular and/or plural, and 1M masculine and/or feminine and the natural and/or artificial persons, whenever and wherever the context so roquir~es or admits, as roes of the first port, and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION CiF PALM BEACH, a corporation existing under the laws of the United Srotes of America, hereinafter tolled the Mortgages, which teen os used in every insronos shall include the Mortgagee's successors, legal reprosenrotives, and assigns, os party of the second part. WITNESSETH, That for divan good and valuable considerations, and also in consideration of the aggregate sum of money named in the, promissory note of even date herewith, heroinafter descrr~ed, the Mortgagor does grant, bargain, sell, clien, rr- mise, roleose, convoy, and confirm unro the Mortgagee, in fee simple, the following descrr~ed root estate, of which the Mortgage is now seised and possessed, and in actual possession, situate in the County of State of Florida, to-wit: St. Lucie UNIT 301 OF TARPON BAY YACHT CLUB CONDOMINIUM H, ACCORDING TO THE DEC- I.ARATION OF CONDOMINIUM DATED MAY 9, 1980; AND RECORDED IN OFFICIAL RECORD BOOR 332, PAGE 133, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA TOGETHER WITH THE UNDIVIDED SHARE OF THE COMMON ELEMENTS OF TAE CONDO- MINIUM DECLARED IN THE DECLARATION TO BE APPURTENANT THERETO; TOGETHER WITA ALL APPURTENANCES THERETO, INCLUDING, WITAOUT LIMITATION, THE RIGAT OF EXCLUSIVE USE OF THOSE AREAS, SPACES AND PORTIONS OF COMMON ELEMENTS OF THE CONDOMINIUM, DECLARED IN THE DECLARATION OF CONDO- MINIUM TO BE LIMITED COMMON ELEMENTS OF THE UNIT. i Rs^'"!'~^ s /30.00 !N P?"`."JT ^F T71XES j !~rj. S~ G:.. ' : t!.' •i' i(:. ' r . ~ .1.i 1'':7i'EKTr, 11. :dt T~ _i..:?T~ ~ 7i- A:aS 6f i9)1. f+:.u~n' PCIir.AS CL~aK q :i.U.T G;UfiT, ST, LOGE CQ, M~ iR ~ - E f _ _ E ~ , t The mortgagor covenants that it and the association responsible for the operation of the above condominium will observe all of the provisions of the Declaration of Condominium and any amendments thereto of the above coruiominium and of the Condominium Act, and will perform the obligations under the said Declaration and Act; and a failure to do so which is not cured within 30 days after notice given g by the mortgagee to the mortgagor and the association shall constitute default under this mart Mort gage. gaga specifically covenants, but not by way of limitation, that it and the association will observe all of the provisions of said Declaration of Condominium pertaining to insurance coverage. TOGETHER with aN structures and improvements now and hereafter on said land and the fixtures attached thereto and all rents, issues, proceeds, and profits accruing and to accrue from said premises all of which are included within the foregoing description and the haben lum hereof. Also all gas, steam, electric, water and other hearing, cooking, refrigerating, lighting, plumbing, ventilating, irrigating, and power systems, machines, appliances, fixtures and appurtenances, which now or may hereafter pertain to a be used with, in or on said premises, even though they maybe detached or detachable. IT IS MUTUALLY COVENANTED AND AGREED by and between the parties hereto that upon request of the Mortgagor, the Mortgagee may hereafter, at it option, at anytime within ten (101 years from the date hereof and before full payment of this mortgage and notes secured hereby, make further advances to the Mortgagor and any such further advances, with interest, shall be secured by this mortgage and shall be evidenced by an additional note then unpaid, and the total amount of interest, shall be secured by this mortgage and shall be evidenced by an additional note then unpaid, and the total amount of irMebtedness that may be secured by this mortgage may decrease or increase from time to time, but the total unpaid balance so secured at arty onetime shall not exceed the maximum principal sum of S 6 5000.00 ,together with interest thereon and any and all disbursements made by the mortgagee for the payment of taxes, levies, or I insurance on the property covered by the lien of this mortgage with interest on such disbursements at the rate specified in the note referred to in this mortgage, and for reasonable attomeWs fees and court costs incurred in the collection of any or all such sums of money. TO HAVE AND TO HOLD the same, together with the tenements, hereditamenta and appurtenances, unto the Mortgagee, in fee simple. { AND the Mortgagor does hereby covenant with the Mortgagee that he is indefeasibly seized of said land in fee simple; that he has ! fuN power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for the Mortgagee at all times pesresbly and quietly to-enter upon, hold, occupy and enjoy said land; that asid land is free from all incumbranc:es; that he will make such further assurancxts to protect the fee simple title to said land in the Mortgagee as may reasonably be required; that he does hereby fully warrant the tide to said land and will defend the same against the lawful claims of aN persons whomsoever. 8t10~`PdGE, -