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HomeMy WebLinkAbout1356 1801283 DS C -848A pg THIS MORTGAGE INDENTURE 88542-2 ~ / Executed this 17 ay of October . A.o., tg80 . by ~~521 ROB$RT D. HAMILTON and BV$LYN P. HAJ~ILTON, husband and wife, party of tM lira part (hereinafter called Nlortgporj, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation existing ur?der tM laws of tM United Suter of America, party of flit second part lltMeinalter wlNd tM Associationl, WITNESSETH, That to divers good end valuable considerations, and to secure tM payment of the sggregste sum of money named r tM fxamrstory note o1 even date herewith, ftereirtatter mentioned, together witA interpt thpeon and all otMr awns of money secured hereby ss hereinafter provided, tM Metgegor does pant, bargain, sell, slim, remise, raleaM, convey and contain unto tM Association, M tee simple, the lollowirsg deepibed reel estate, of whitA tM Mortgagor is nave sewed and possessed and in .dual possession, sitwte in the County of St . Lucie State of Florida, legally described Condominium Parcel No. ?221, of CATAMARAN II, a Condominium, accorditg to the Declaration of Condominium thereof, ere recorded in Official Records Book 334, at Page 2451, and any amendments thereto, of the Public Records of St. Lucie County, Florida. SUBJ$CT TO terms and conditions of above Declaration of_Condbminium and any amend- ments thereto, and restrictions, reservations and easements of record. TOGETHER with all structures and improvements now and hergfter on said land and the lixtures attscMd tMreto, also togethe. with all and singular the terier?ients, hereditarrwnts, easements, riparian rights end sppurtenarices thereunto bdorsgirg, a in any wife appertsinirq, and the rMts, issues, end profits ttiereol, earl also all the estate, right, titM, iwtNKt and all cbirw and demands whatsoever, at well in law as in equity, of said Mortgagor in and to tM same, and every Part and parch tfiereot, and also all gas and electric fixtures, radiators, heaters, air conditioning equipment, msthinery, boilers, range:, elevators and motors, baMtubs, sinks, voter closets, water basins, Pipes, faucets, and other plumbing and hNtirg fixtures, mantels, rofrigerating plsris and ice boxes, window screens, screM doors, venetian Winds, slam shutters and awnings, which are now a may herNtter pertain to or be used with, in a on said pMines, even though they be deuclred a detschaWe, are and shell be deemed ro be lixtwes and accessions to the freehold and a part of the realty, and, it the above described property K now a shall hpNtter be used le conirnercial purposes, then the furniture and IurnisA,rgs and any replacements thereof which may be owned by the Mortgage and which are raw w may fierNiNr be located upon the above described property. TO HAVE AND TO HOLD the same, togethp with all the estate, right, title, interest, homestead, dower and right of dower, separate esute, possession, claim and demand whatsoever, in law a in equity, of the said Metgagor in and to the same, and very part thereof, unto the said Association in fee simple. The Mortgagor hereby covenants with ilia Association that th! Mortgage n indsteasibly wind wiM the absolute and fee sirrrPk title to said lxoperty, and lies fun power, and lawful authority to sell, convey, Iranster and mortgage the same; that it shall t1! lawful at any time flerNtter le lfte ASSOCiation 10 peaceably and quietly MtN upon, have, hold siW Mjoy said property, and every part therepl; that said property is free and discharged Irom all liens, encumbrances, and corms of any kind, including taxes and assessments, except the IiM Hereof, which is a first bM or? said proppty; that the Mortgage will make such further aswrances to patent the lee simple title ro sad property .n the Association as may reasonably be required; and that the Mortgagor does lsaeby tally warrant unto the Association the tick to said poperty and win defend same against the mortgage claims and dMSSnds of all persons whomsoever. NOW. THEREFORE, the condition. of this mortgage is such chat it the Mortgagor shall uiell and truly pay unto the Association, the indebterfriess evidenced by that certain promissory note. of even date herewith, rr?ade by the Mortgagor and payable to the Associatan, in the Principal vein ~t THIRTY~HRSS THOUSAND-------------------------------------------------~oLLARS - Is 33 , 000.00 together with interest as therein :rated. payable over a term o1 348 months. and shall perform, comply with and abide ley each and every rfte sripularions, agieemMts, cordihoris and covenants contained and set lath in this mortgage and m the promissory note secured hereby, then this mortgage and the estate hereby created shall cease and tie null and void. - TRANSFER OF THE PROPERTY; ASSUMPTION !f all or any part of ilia Property or sn interest tMrein is sold or trsnsfered by Mortgagor without Association's prior written consent, excluding (a) the ' creation of a lien or encumbrance subordinate to this Mortgage, Ib) the creation of a purchase money security interest for household appliances, Ic) a transfer by devise, descent a by operation of law upon ilea death of a joint tenant or (d) the grant of any leasehold interest of three yeah or lea not containing an option to purchase, Association may, st Association's option, declare all the wins secured by this Mortgage to be immediately due and payable, Association shall have waived such option to xcelerate if, prior to the sale or transfer, Association and the person to whom the Property is to be sold or transferred rexh agreement in writing that the credit of sueA person is satisfxtory to Association and that the interest payable on the sums secured by this Mortgage shall be ' at such rate ss Association shall request. If Association has waived the option to xcelerate provided in this paragraph and it Mortgagor's wccessor in interest nos executed a written assumption agreement xceptad in writing by Association, Association shall release Mortgagor trom all obligations under this Mortgage and the Note. It Association exercises wch option to xcelerate, Association shall mail Mortgagor notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Mortgagor may pay the wins dsclued due. If Mortgagor fails to pay such wins prior to the expire lion of such period, Association may, without further notice Or demand on Mortgagor, invoke any remedies permitted by paragraph 15 hereof. AND the Mortgagor does hereby coveniarit and agree. T ~ 1 To pay ail and singular the principal and interest and other wins of rtaMy payable by virtue of sad promissey rate end the mortgage. a either. promptly on T = -n the days respectively tM same sswnNy become dw. -s ~ i.] 2. To pay an and srngtrbr tM taxes. assessments. other governmental terms. habibtias. o0lpataris and encumbrances of every nature on sad described property ~ ~ ~ arid the related debt acquisition each and every wften due and payable acceding to law. before they become dsbnqusnt and. it the same shah not bs promptly i ~ N o- paid. the Association may at any time. either before a alien debrtgtiency. pay the same without warring or sHectirsg tM optxln to lactose. a any right i,_ ~ M tareunder, and every payment sn merle shall bear interest from the date tfiereol at the rate of tM per cent (10%1 per annum. ~ ~ - r"s 3 That the Mortgagor vnll keep an real and personal property now a hsreahu encumbered by the Inert of the mortgage iriwred as may be required from time to . _ s time by the Association against loss by hn. windstorm and other hazards, uwsluss and contingencies le such periods and for rat less than such amounts as ~ a may be required by the Association and to J' ~ ~ pay promptly when due all premwms for such insurance. Metgage agrees to dsbvu renewal or replacement i - , policies of any nature a replacemMt certrlicates of inwrance to rise Assowtan. at least tM 1101 doss pier to the expratan or anniversary date of the existing T •`p policies The ansounts of inwrance required by the Asssocietion shall tier minimum amounts for wtich sad mwrance shat! bs wrath and d shell be incumbent ` co t%. upon the Mortgagor to niaintam such additional insurance as may bs necessary to meet and comply fully with all sxrurwrante regtwemsnts contained m said ~ _ ~ policies to the end that said Mortgagor is not s co-movie tMreunder. Insurance shall bs wnttM by a company or companies approved or despnated Dy the ~ ~ ~ Associaton and all policies and rsrawals tMreof shall bs held by the Association. AU detailed designatans M the Mortgagor which errs accepted by ttie ~ ~ Associatan a+d all agreements betweM Mortgagor and Associaton relating to insurance. now existing a htreahu made, shag be in writing and shalt be a pan of tfrs mortgage agreement as fully as Haugh set forth verbatim herein end shall gcwern both parties hereto and then successors and assigns NO hen wpm any E = `L ~ ~ of sad pdicres of mw?ance a upon arty refund or return prsmwm which maybe payable on the cancellation a terminatan thereof. shah be given to outer than ' tfie Assouatim. except by proper endorsement affaed to such policy and approved Dy the Associaton Esch policy of irrsirrartce alien have aHuad thereto a ~ J Standard New Yak Mortgages Cbuse without Contribution. malting erg loss a losses under such policy payable to the Association as as interest may appear y ~ in the event any vein a wins of ntonsy become payable thereunder. the Associaton shall have the optan to receive and apply the same on account of the in- debtedness fsereby sscwed. or to permit the Mortgagor to receive and ass a. or any pen thereof. vnttaut thereby warring or imPairuig any equity, ben a right under and by vintre of tlxs mortgage. In event of low a physical damage to the metgagsd property. ttrs Mortgage shall give immediate ratite thereof by mad to the Assouation and the Associaton may make proof of ties d the same is not made promptly by the Mortgage In event of toredowre of the mortgage. e other transfer of title to tM mortgaged property. in extrnsgirishmsnt of the indebtedness secured hereby. all right. titb and intusst of the Mortgagor in and to any inwrsnce pdiGef there in fora shall pass to the purchaser a grantee. The Mortgagor lunfser agrees to abide by the rules and existing regulstans of the Assocwtiori. in connection with required inwrance coverage of tM property herein encumbered 4 Puagrsph 4 and those which foNow an conUiMd on the nverN ode of tftrs mortgage end by reference errs rxorporated into tM body of this mongsgs. The terms taorrgsgor and Association, whenever used in this instrument, shell enclude the heirs, personal representarrves, successors a assigns of the retpectire parries hereto. Wherever used, the sirigiilar number shall include the plural aid the plural the singular, and the use of any gcnda shall include all genders. IN WITNESS WHEREOF, these premises have been exewt the day and year lust shove written. - S , se delivered i lie pr f: ~ r ~ ~ ISEALI ~ RO RT HA ' ISEALI I SVHLYN HAMILTON ISEALI :Tr~!irM -~^"-t s - y~~.~_Yirt~h, t , ISEALI ~ f ' H, ~ i STAT6¢Fs„,.~ cOUNTYOF ST. LUCIE e -3? -October 80 Tl~e'torpoiplP~i',k1"e"t t•""~`"°i"t'~ befee me this - d.y of , 19- by 't RO~$R~' ~ '#$TdN and $VELYN P . HAMILTON, husband and w fe ' S~ LE DER ~ r~~L[Q_~Q~ i F~IART_,PUSL IC ST,? iF Cx fLOR I Da ~ * i =,G; Not.ry Pubfic, suu a FLORIDA MY CoMrKISS1oN E>rPIR:S .AN "'i ' )8 ~ tNRU c~Nt: RAt- I NS uf~ x ~ R i rEiS B0~ ~ piYrtlC j~ • _ F