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HomeMy WebLinkAbout0017 ttx# ~ p ~p~~ 494904 ~y ~ ~ ~ THIS INDENTURE, made this ..day of ~...'T~y..3~19 80....... BETWEEN .Z,'Fr.R~~.. ~.„BOOHER...AND_. CONNIE._BOOHER,»..his »wfe , in the city of . Ft~. ~~Pieree . .....~.~!~...~.~....~3dXl~'?.nQ...Q~:~r.Y4 Y........... ».residing at County of .....$~.e...„Lucie,,,,,,,,,,,,,, and State of Florida, hereinafter called the Mortgagor, AND BENEFICIAL FINANCE CO. OF FLORIDA. a corpontaa, having an office and place of business at .......a.~.~.~. r~S?~~.. ~.~4~ e~.~.~.. H ~9~,Wa.Y in the City af ....F~.r....~~E'a;Y.Ce,__,___,.,__»„__ County of __,„St..,..Lucle.,.~.._.~...,» ~ State of Florida, hereinafter called the Mortgagee. WITNESSETH. that the Mortgagor, in rnnsideration of a loan made to them by the Mortgagee, said loan being evidenced by a promissory note of even date herewith, a true rnpy of which is attached hereto and made a put hereof by this reference, and in order to secure rho pay- ment of said loan and the performance of all the agreements and conditions rnntained in said Note, do by these presents grant, bugg~atnrt sgll and rnnvey to the Mortgagee, its wtxxsson sari assigns, the following described real property sitwte, lying and being in the County of St.. LIIC le^ and the State of Florida, to-wit: The East 65 Feet of the West 920.50 feet of Lot 17, MARAVILLA GARDENS UNIT 1, according to the Plat thereof as recorded in Plat Book 6, Page 55, of the Public Records of St. Lucie County, Florida. i THIS IS A SECOND MORTGAGE. t Received 0 _.1._.~:~ in Payment Ot Taxes Oue On Class "C" intartytble Personal Pyoparty, i Pursuant To Chapttx 71, 134, Atxs Ot 1971. - - , ~ : , . ~ - - i amt Clrplk Colre, s>Z. : - - ~ t,.adflt, Ca. Fla ~ ~ _ t The Mortgagor do hereby tuUy warrant the title to said real property, and wrll defend the same agaimt the lawful claims of all persons v~fiomsoerer. In the Brent the aforesaid real property is sold or otherwise conveyed without the written consent of the Mortgagee, such sale or convey- ance at Mortgagee's option shall be considered a default under this Mortgage and the Mortgagee shall be entitled to all remedies provided herein and/or as provided by law and equity. This Mortgage is not assumable nor is the Mortgagor's interest herein tr~nsfenbk without the prior written consent of the ' Mortgagee. PROVIDED, HOWEVER, that if the Mortgagors shall make all payments required by the said promissory note, and shall well and truly aerform and comply with each and every covenant of said promissory note and of this mortgage, then this mortgage shall be null and rod, otherwise to 'i remain in full fora and effect. i The Mortgagor oorertant to pay, when due, the full amount of each and every instalment as provided in said promissory note; to pay ' before they become delinquent all encumbrances of every kind upon the property together with the indebtedness secured thereby, including any ' prior mortgages and deeds of trust; to pay zv taxa and assessments levied with respect to said property, to whomsoever the same may be assessed, before i they become delirpuent neither to commit nor to wffer any strip, route, impairment or deterioration of the mortgaged property; to keep the buildings raw or hereafter to be erected on the mortgaged property (together with any personal property included in this mortgage) insured against loss or damage by fve and sudr other hazards, ie wch amounts and with wch carrier u shall be aceeptabk to the Mortgagee; and the said Mortgagors, and each of them, hereby waive all right of homestead and exemptions under the Constitution and Laws of Florida. ~ If any of the foregoing covenants should tie breached by the Mortgagors, then: (1) said promissory Note and all monies hereby secured at the option of the Mortgagee and without demand shall become immedntely due and payable; (2) the Mortgagee at its option may pay,any such delin- i quent sums and interest due under provisions of the foregoing covenants and the full amount of such payments shall ben interest from the date thereof until paid by the Mortgagor at the me of ten per cent (1tYb) per annum and together with the agreed interest shall be secured by the lien of this mort- gage; and, (3) this mortgage may forthwith be foreclosed. in the event of any forecbsun: of this mortgage, the Mortgagor agree to pay all costs and ex- penses of foreclosure, iududing reasonable attorney's fees, together with any and all amounts which the Mortgagee shall have disbursed under provisions of this Mortgage and the Note secured thereby, and the Mortgagee shall be entitled to apply to the court for a Receiver for the mortgaged property, with- out notice and without regud to the value of the mortgaged property or to the sohrency of the Mortgagors, and all rents, profits, inrnme, issua and revenues of the property shall be applied by the Receiver according to the Lien and equity of this Mortgage. If there be only one mortgagor, all plural words herein referring to the Mortgagor shall be construed in the singulu. IN WITNESS WHEREOF the Mortgagor have executed this instrument under seal the day and year above written. Signed, sealed and delivle~,in the presenceof us: . ~ / - (Seap Witness Te r er (seal) witness Connie Boo er (seal) Witness This instrument wuprepued by. ChdrleS•.J: Dorfman,.„__- ._8800 South U._S . Hwx~ 1, »Port St Lucie, Name ~~~~~~_~Offiee Address FL ~~Jw'~~»_~ 1 Esquire STATE OF FLORIDA ) ACKNOWLEDGMENT ss.: ~ couNTY of _St.....Lu~e 1 HEREBY CERTIFY that on this daz,^before mew a~,~off g~ t r~~~ St?to and Co~uptY aforesaid to take acknowledge- - ~ meats, persomUy apparel ....~.F.$~...~r....-.~.C1LJ~F.s~.„~`ll~...~V~~,~UUIi~;~t:._A_1S W1Se to me known to be the person(s) described in and who executed the instrument appearing on the reverse ~4 hereof ard~ »~.he.y. acknowledged before me that iy.~te.~. executed the same. WITNESS my hard and official seal in the County and State last aforesaid t)rii ~ ~ of 3x9: ~~.Y.„.. A.D., 19 ._~.Q...... ' ~p~ _ , a ,o F on a a arge . y M~"comrtt~i tioit e,ZiPt~~u ' - ~ BOR 4 fL$. Ed- May 7l3 ~~qr,r,~~,,,~,~~~~~~