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HomeMy WebLinkAbout1030 C-S54A pg p ~ 64450 -2 1 THIS MORTGAGE INDENTURE . - ' ; E .c<uted this ~ ' day of October , A,D., 1980 , by S V"~635 MARTIN L. ZAPF and JUTTA C. ZAPF, husband and wife, 1~~rg0 pe,ry of the fast part (herernalter called Mortgagor!, to CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION a cw{wraaon e.nany untfer the laws nl the UnuN1 States of Ameuca, parry of the second parr IheranallN called tM Assoeisteonl, WITNESSE TH, Tnat for divers gaud arttf valuable consderatrons, and to secure slit payment o1 the aggregate vein o1 moray nartttd rn the V+umrssory note of even date ne,ewrth, tilrern,tlter minbonld, together wish interest thereon and all other wins of money secured hereby as hereinaltai Provided, the Mortgagor does grant, tsugam, sell, Jhen, remise, reldasl. convey and confirm unto the Assocrauen, m la! srmpk, tM following dtstnWd rNl exact, of whitA the Matgagw it now se4ed and possessed arW m acorn! possessor, sduate m the County of St • Lucie State of Flarda, legally tfescubed aS follows Condominium Parcel No. ?311, of CATAdtARA.Y II, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 334, at Page 2451, and any amendments thereto, of the Public Records of St. Lucie County, Florida. SUBJECT TO terms and conditions of above Declaration of Condominium and any ameud- :nents thereto, and restrictions, reservations and easements of record. TOLE THEN with ell shucwres and rrnprovt+nents now and hereattn on sad land and cite fixtures attach[d thereto, also together vwth all and srngutar the tenlmenfs. nerrefaaments, rJSrrncnis, npenan rights and appurtenances thNtunto lselorgrrtg, or m any verse applrtaimrlg, and the rents, issues, and prolds thereof, and also all the estate. „gist, t:tte, interest Jna au clJrms and demands whatsoever, as well m law as m egwty, of said Mortgages m and to the same, and every part and parch ttierepf, and also au gas ,nd rlectnc hatwes, rJtbJtors, heaters, au conddromrtg egwpment, machinery, tsoders, rsrgls, elevators and motors, bathtutri, sinks, water closets, water basins, pipes, r,+,.cets, mrJ Warr pf,;nslwx{ JnJ heatuty h.hnrs, mJntels, relrrgerahrtg plans and ice bo.es, window sirttns, screen doors. venetian bonds, storm shutters and awmnys. which ,err nave ur Hwy hereafter per tau+ h+ ur Ire usr+f rn+th, +n ur tin said prtrrirses, even though they lit detached ur detachable, are and shall tie deeuild to !x futures next access+uns iu the herhuld ,+nd a {wit ul the realty. Jnd, d the Jnove dlscntxd property is now or shall hereaftlr fx used for s.ommerrial purposes, their the IurmWr! arld lu+msh+rwfs and ,,ny replacenwnts thereof wrirch may Dr owned by slit hlor tgagoi and which are now or may hNeatter !7! located upon the above dlscnbltl proper fY. TO HAVE AND TO HOLD the sense. tuyetner with alt the !state, right, hUe, interest, homestead, dower and right of dower, separateestate, possession, deem anrf ,femerxf whJtsorvrr- rn la.v nr rn eywty, of the acrd IriturtyJyOr m artif to the saint, and every part thlreOf, unto slit card AsfOCratrpn m fee simple. The tllort~N,r hrrrlry corraams w+th the Atsocratron that the Mwtgayor rs mrlefeasrWy seried with the absolut! and fee srmpk title to card prp{,er1y, and has full power, .,n f L,,nlut Juthordy h+ x11, convey. transfer and rihlrtg.M]r the same. that rt at.atl tle !aortas at any lime tierlaher la the AslOtrdhOn to placeaWy and gwetly enter upon. n,r. r, h+,ld nr++) eofoy scut property. Jr+rl rvr+y Wit thereat, that Lrrd pr uprrry n Iree and drxhargld tram all hens. encumbrances, and claims of any kind, rrKludrny sexes anll .+uris+r+rnts, r,+rpt the !,en hrrrol, which rs J first lien on said proper ty. that the 6fortgayor wdl make such further assurances to perfect the fe! simple true to said property .n rise ASSrrcrJL+ur Js n:Jy +rawnabiy (re rrrjwred, and that the htortyayor dues nereby fully wan ant unto slit Assocrauon the title to said property atiU will defend sa+rte e.,.,r net the rnur n;Jye clams Jnd rlrmJnds u1 Jlt pawns whomsoever. NOY•1. THEREFORE, the cundrtrun vl this mortgage rs such that d the Mortgagor shah ores! and truly pay unto slit Association, the indebtedness fencers by that cor..rrn promissory note, of even date herewith, made ny the Mortgagor and payable to the Assoc+auon, m the pnncrpat win ,!EIIGHTY-FIVE THOUSA,YD, TWO HUNDRED DOLLARS 'S 85 , 200 • 00 together with interest as therein stated, payable over a term of 348 nwnms, arw shall vr!urm, n,nq,fy w+U. Jnd Jh.dC ay rJCh Jn+f evaY' the st+pulahuns, Jyrrernents, cond+hons next covenants contau.rd and Kt forth m this mortgage and in ttt! promissory note ~r: we.f Her etry, then ih,s min ty,wjr Jnd rtre Pa1J1e nerlhy Cr edted ShJlt ctaSr disc! b! null and vnd. TRANSFER OF THE PROPERTY; ASSUMPTION tt all or any part of the Property or an interest therein is sold or transferred by Mortgagor without Astociation's prior wntten consent, excluding (s) the reatron of a Lin or nncurnbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliances, Id a transfer ' •y dewsr, descent or by operauor. of law upon the death of a {ornt tenant or (d) the grant of sny leasehold interest of three years or lass not containing an .>;,aon to pur~hasr, Association rnay, at AssociaUOn's option, declare all the sums secured by this Mortgage to be immediately due and payable, Association ,nett have waived wch opuoii to accelerate if, prior to the sale or transfer, Association and the person to whom the Property is to tie sold or transferred reach ,yreerru•nt rn v;ntu+y that the credit of such person is satisfactory to Association and that the interest payable on the sums secured by this Mortgage shall be .,r such rate as Assouahon shall request. If Association has waived the Op[ion to accelerate provided in this paragraph and if Mortgagor's successor in interest , ryas earn.ted a :vrutrn assumption agrrernent accepted in writing by ASSOt lector, Associa.ion shall release Mortgagor from all obligations under this Mortgagt .+•,.1 the Nutr. 1f Assouahon rxrralsessuch option to accelerate, Association shall mail Mortgagor nonce of atcelarstion, Such notice shall provide a period of not less than 3U days tram the date the notice is mailed within which Mortgagor may pay the sums declared due. If Mortgagor faits to pay such sums prior to the ertpira~ ,i~u+ of such penod, Association may, without further notice Or demand on Mortgagor, invoke sny remedies permitted by paragraph 15 hereof. AND the Mortgagor noes nereby covenant and agree 1 To pay alt and singular the Wiric+t>al end interest and other wins of money payafals by wrtue of said promissory note end this mortgage. or either, promptly on inr days tespMtrvely the same severally become due 2 'o pay alt and singular the tames. assessments. other govsrnrMnUl !cures. hab+hhss. obtigaUOns and encumbancss of every nature on said descnbeo property acid ;fit retested debt acqurs+trOn each and every when due and payable according to law. before they become del+nquent and. if the same shall not be promptly j pJ:d me Assocrahon may at sny time. either pefere or after Aebnquency. pay the same without wamrig or aHscbng the Doter to forecbss. or any right hereunder. and every payment so made shall bear interest from tM date thereof st the rate of eighteen per cent 11896) per annum 3 Trret the Mortyago+ wdl keep nit real and personal property now a hereafter enxumbered by the Iron of this mortgage insured as may be ngwrsd from Urtie to ~I rrr.•N by the Assouahon against loss by fire. windstorm end other Mtards. cawslhss and contrnpencies for such penods and for s~2 less than such amounts as r*~e~ be rryurred Dy the Assocrauon end to pay promptly when due ell pram+ums for wch inwrance Mortgagor egress to deliver renewal or replacement ;,:A.c.~es of err+y natwe or replacement cerhfrestss of insurance to the Assoc+ahon. at least ten f i01 days Wror to the etperstion or anniversary date o'. the ensbng i puP~urs Tne amounts of insurance rpuirrld by the Assocrsuon shall De mrmmum amounts la which sad inwrartce shau be wntten and d she!! be incumbent I .,pun the Mortgagor [o maintain wch adddwnal insurance as rnay bs necossary to meet and comply fully with ail to-rsurance ragwrements contatnsd m sa+d i pu~•c+es to the end that said Mortgagor is rtot s co-+nwror tMreuridsr InwrariCe shah be written by s Company or companies apWOVed or designated by the k Aswr.ratrcx, and all pobcies and rsnewsls eherwf sMU be MW by the Associatwn All detailed desrg^atwns by the Mortgagor which are accepted by the i Assocrauon and au agreements between Mortpapor and Associatrors rslsbrp to mwrance. now eantirtg or heteaher made. stuU be in wnUng and shall be a part of tns mortgage agreement as fully as though sat forth verfsaum Mean and shell govern both parties hereto and their wccessors and assigns. No hen upon any ! of sa+d potrues of insurarxe a upon sny refund a roturn Wsmwm wrlrch may be payable on the cancellation or terminat+on thereof. shat: be given to other then E me Assocation except Dy proper endorsement affriiad to wch policy and apFroyed by the Assocat+on Esch policy of inwrance shall have sHuesd thereto s Standard New York Mortgagee Clause without Contnbutron, makutg aft bas or losses under such policy payable to the AssOCiation as its interest rosy appear Ir, the event any sum W sums of money become payable thereunder, the Association shall have the Option to receive and apply tfis same On account of the rn- deDtedness neretry secured, or to permit the Mortgagor to receive and ass rt. or any part thereof. without thereby wuvup or impel:+rig any puny. lien or right under and by virtue of this mortgage In event of bas a physical damage to the mtxtgagad property. the Mortgagor shat) give immediate notice thereof by mail to the Assotratwn and the AssOtiat+On may make proof Ot loss d the carne is not made promptly by the Mortgagor In event of forecbsure of this mortgage. or other transfer of title to the mortgaged property. in estirtguishrttant of the irtdsbtedriess secured hereby. all right. title and +ntsrest of the Mortgagor in and to aw +nwrance pohues then m force stall pass to tfte purcMser a grantee. Tfts Mortgagor furtMr agrees to abide Dy, tl-rs rules and esisbng rtsgtr4tiort! of tM Assocrauon. m connectron wdh rpu+rsd msurence coverapa of ifa property fwrein encumbered. 4 Paragraph 4 end those wMCh follow errs contatrtW on the nwrae side of this mortgage and by rebrartp errs incorporated into the body of tftis mortgage. Tfie s Mortgagor and Association, whenlvlr used m this instrument, shall rnNtrde the hairs, personal rprtsentstives, wectssors or assigns of slit retpectwe parties Hereto a ever used, the srMjiilar number shall rriclud! the plural and tti! plural the singular, end the use of sny gender shall include all gtnders. 1 1 WIT ESS WHEREOF, thee! premises have been executed ors the day end year first above written. scaled a r the Wescott o!. ~~~~'1 ~ (SEAL) i _ ~ ~ MARTINrLt.7.~APF ~ ~ .4~+ .s : _ ~ ~ ;IC: ~ (SEAL) 1. k/ ~ JUZ'TA v. ZAPF ~ _ ~ ISEALI r ~ ISEALI ago STATE OF MICHIGA:y COUNTY OF_~r9~C~ ~ • ! ' The taegoing msaument was acknowledged before me tMS~~ day of October , ,g 80 by ~ at? bARTIN L. ZAPF and JUTTA C. ZAPF, husband and wife, /J G iENO My commrssron e~prrs} C.A 1 FIY ~ R~t~ Notory Public, f7O~lOnd County, Mtch. Notary P ate of MICHIGALV /Ictlftp In wart. i My Comm, Expires Jsilorch 24, 19a 1 e~x343 P~~1029 _ ~ - _ a