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HomeMy WebLinkAbout0238s~.o~o ~ ,3.. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACH ~~xtaMae ~t` PP~1 br THiS MORTGAGE INDENTURE ~x~cut~d thit iAM I~~tnrMwt W~ h~pohd h+ DOUGIAS R. NEU GUNSIER, YOAKIEY, C~ISE~, Sif1MAlT ~ MEtSEY. RA iim Notaeal ioak WiWiM, frlw N~th, hwi~ 331~0 15th dor of December 1980 JOHN S. WISE AND CATHERINE R. WISE, HIS WIFE St. Lucie of the Counry of l~otwcdodt, Stots of Florido, hersinoRsr called the Mo~t~agor, which term os used in wery jnslanca ~hall include ths Mortga9ors heirs, executor:, wccessors, leqal nprssentotives, ond ouigni, includin~ oll subsequent 9rantees, ~ithe- voluntarily by act of the parties, or involuntorily by operation of law and shall denote the sin9ula- and/or plurol, ond th~ masculine and/o- feminine and the natural and/o- o~tificial penons, whenever ond wherever ths context so requiros or admifs. as paMies of the fi~st pa~t, end HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACH, o corporatan existi~p undsr the laws of the United States. of Americo, heroinaher called the Mongagoe, which term a~ ~ned in every lnstance shatl include the Mortgagee': wcceuon, legal repre~entatives, ond ossigns, os party of the second part. WITNESSETH, Thot fo~ diven gooe! and voluable considerations, and also in considerotion of the a99regaM wm of monep named in ths promissory noro of even dete herewith, hereinofter described, the Mo~tgagor does grant, borqain, sell, alien, ro- mise, release, convey, and confirm unto the Mortgogee, in fee simple, the following described reo) estate, 04 which the Mort~o9a is now seized and possessed, and in actuol posseuion, situats in the County of t~i~ Stote of Florida, tawit: (3tiIT 201 OF TARPON BAY YACHT CLUB CONDOMINIUM A, ACCORDING TO THE DEC- LARATION OF CONDOr;ItiIUM DA`PED MARCH 11, 1980; AND RECORDED IN OFFICIAL kECORD BOOK 327, PAGE 950, PUBLIC RECOROS OF ST. LUCIE COUNTY, FLORIDA 1'OGETHER WITH THE UNDIVIDED SHARE OF THE COMMON ELEMENTS OF 'PHE CON- DOMINIUM DECLARED IN THE DECLARATION TO BE APPURTENANT THERETO; '"OGETHER WI'"H ALL APPURTENANCES THERETO, INCLUDING, WITHOUT LIMITATION THE RIGHT OF EXCLUSIVE USE OF THOSE AREAS, SPACES AND PORTIONS OF COMMON ELEMENTS OF THE CONDOMINIUM, DECLARED IN THE DECLARA'PtON OF CONDOMINIUI-I TO BE LIMITED COMMON ELEMENTS OF THE UNIT. ~~ ~~.~ II~MIw~ •~~~~ il P~nt Of t~NN ffii~ O~ Clsss "C' MtanY~b1~ PKSOn~I:N'-a/MIr~ ~ ~ur~uant To ChsptK 71.15~. Acts 0/1~'tt• . . ~ ~~ F' c~ c~tow~ ~. u•~-c.~. n~ ° The mortgagw covenants that it and the association responsible for the operatan of the above condominium will observe all of the ~ ~ovisions of the Declaration of Condominium and any amendments thereto of the above condominium and of the Condominium Act, and will peAorm the obligations under the said Uoclaration and Act; and a failure to do so which is not cured within 30 days after notice given ~ by the mortgagee to the mongagor and the association shall constitute default under this mortgage. Mortgago~ specifically covenants, but not by way of limitation, that it and the association will observe all of the provisions of said Oeclaration oi Condominium pertaining to ~ insurance covera4ye. ~ TOGETHER with all structures and improvements now and hereaher on said land and the fixtures attached thereto and all rents, ~ ~ssues, proceeds, and profits accruing and to accrue from said premises all of which are included within the foregang desc~iption -; and the haben lum hereof. Atso all gas, steam, electric, water and other heating, cooki~g, refrige~ating, lighting, plumbing, ventilating, ir~igating, and power systems, machines, appiiances, fixtures and appurtenances, which now or may hereafter pertain to or be used with, in or on said premises, even though they may be detached or detachable. IT IS MUTUALLY COVENANTED AND AGREED by and between the parties hereto that upon request of the Mortgagor, the Mortgagee ~ ~-~ay hereatter, at it option, at anytime within ten (10) years from the date hereof and before full payment of this mortgage and notes secured hereby, make furthe- advances to tFie Mortgagor and any such funher advances, with inte-est, shall be secured by this mortgage ~ arxl shall be ev~denced 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 indebtedness that may be secured by this mortgage may decrease or increase from time to time, but the total u~paid balance so secured at any one time shall not exceed the maximum principal sum of S 2 S 0 00 0 0• together with interest thereon and any and all disbursements made by the mortgagee for the payment of taxes, levies, or insurance on tEie property covered by the lien oi this mortgage with interest on such disbursements at the rate specified in the note referred to in this mortgage, and for reasonable attorneys fees and court costs incurred in the collection of any or all such sums ofmoney. TO HAVE AND TO HOL~ the same, together with the tenements, hereditaments and appurte~ances, unto the Mortgages, in fee swnple. ; AND the Mortgagor does hereby covenant with the Mortgagee that he is indefeasibly seized of said lend in fee simp~b; that he has ~ futl power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful fa the Mortgagee at all tlmes peaceably and quieUy to enter upon, hdd, occupy and enjoy said land; that said land is free from ali incumbrances; that he will make auch further assurances to protect the fee simple title to said tand in the Mortgagee as may reasonably be required; that he. does hereby fully ~ warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. ~ $~345 ~~E 237 _ ---~