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HomeMy WebLinkAbout1388 . so~s~s ~ o • I • 1 • THIS INDENTURE, executed on 19RQ, between Frank J. 0'M ra and Ellen F. O'Meara, of the County of _ •f , ~ and State of y~~. , herein called mortgagor, which term includes ~ `0 mortgagor's heirs, executors, administrators, successors, legal representatives, and assigns, and shall denote the singular and/or plural and. the masculine and/or feminine and natural and/or artificial persons whenever and wherever the context so r uires or admits, and Elmer A. Ches rand Edith Chester, of the County of , and State of herein called mortgagee. WITNESSETH, that for various good and valuable considerations, and also in consideration of the aggregate sum named in the promissory note of even date herewith, herein described, mortgagor .does grant, bargain, sell, alien, ~ remise, release, convey,. and confirm unto mortgagee, its successors and assigns, , in fee simple, all the certain tract of land of which mortgagor is now seized and possessed, and in actual possession, situated in the County of Saint Lucie, State of Florida, described as follows: 4 S Lot Four (4), Block Eleven (11), Section 25;.parcel address known as 331 N W Dearmon Together with all structures and improvements now and hereafter on the land and the fixtures attached thereto, together with all and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging j or in anywise appertaining, and the rents, issues, and profits thereof, all the estate, right, title, interest, and all claims and demands whatsoever, in law and in equity, of mortgagor in and to the same, and every part and parcel thereof, and all fixtures now or hereafter attached to or used in connection with the premises herein described and in addition thereto the following- described household appliances, which are, and shall be deemed to be, fixtures and a party of the realty and ar a portion of hz security fir the indeb d- ness herein mentioned: ~ Q.o o To Have And To Hold The Same, together with the tenements, heredita- ments, and appurtenances unto mortgagee, and its successors and assigns, in fee simple. '`t ~ Mortgagor, for himself, his heirs, legal representatives, and ~ assigns, covenants with mortgagee, its successors, legal representatives, and assigns, that mortgagor is indefeasibly_seised~of the land in fee simple; that morrtgagor has full power and lawful right to convey the land in fee simple as aforesaid; that it shall be lawful for mortgagee, its successors, legal repre- .y sentatives, or assigns, at all times peaceably and quietly to enter on, hold, occupy, and enjoy the land; that the land is free from all encumbrances; that ,:t mortgagor, his heirs, legal representatives, or assigns, will make such further assurances to protect the fee simple title to the land in mortgagee, its successors, _r ~ le al re resentatives or assi s as ma reasonabl be re uired; that wort a or I. ; g P ~ gn ~ y y q g g I ~ does hereby fully warrant the title of the land and will defend the same against the lawful claims of all persons whomsoever. . Provided always,- that if mortgagor, his heirs, legal representatives, j or assigns shall pay to mortgagee, its successors, legal representatives, or assigns, that certain promissory note of which the following is a true and correct copy (attached to this document as Exhibit "A") and shall perform, comply with, and"abide by each and every the stipulations,•agreements, conditions, and covenants of the note and of this mortgage, and shall pay all taxes which may accrue on the property and all costs and expenses mortgagee, its heirs, legal representatives, or assigns may be put to in collecting the note in fore- closure of this mortgage or otherwise, including a reasonable attorney's fee, then this mortgage and the estate hereby created shall cease and be null and void. 's And mortgagor, for himself, his heirs, legal representatives, and assigns, does hereby covenant and agree: _ " 1. To pay all and singular the principal and interest and other sums of money payable by virtue of the promissory note and this mortgage, or either, promptly on the days respectively the same severally become due. 2. To pay all and singular the taxes, assessments, levies,~liabilities, i ~ obligations, and encumbrances of every nature on the described property, each and every, and if the same are not promptly paid, mortgagee, its successors, ~I legal representatives, or assigns may at any time pay the same without waiving j', or affecting the option to foreclose or any right hereunder, and every payment so made shall bear interest from the date thereof at the rate of eight percent (8X) Per annum. Recetred • In Pellntent Of Texet _ Otte Oft Class "C" irttarpibb Personef orop+~trr t w?suerfl To Cttspter 71. 134. Acts D• ~9~+. goox 341 PAGE 1386 ROGER POITRAS ~ f~ CIt~ Circuit Cotut. St. Lucie. Co., Fli. - - x v