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HomeMy WebLinkAbout0596~ The Mortgagor hereby oovensnts with the Mortgagee~ that he is indeleesibly sei=ed oi asid liad in fee eimple or such other estatet J any 4a is atated herein; that he has full power and lswtul right to convev the sarne ae storessid; t6st the land ia ire~e ~rom all encumbrences except as herein otherwise recited; ~hat said7vlortgsgor ~vitl make such iw~tber assur4nces to pmvo the sforesaid WUe to said [and in said Mortgagee as msy be rexson- sblyreq uired~ and th~t said Mortgagor does hereby fuUy warraut the title to said land~ and every part Wieceot~ aad wilt defend the asane against the lawiul claims oi W peraoaa whomsoever. PROVIDBD ALNAYB Lhtt l~ f,~18 ~ZO~~BgO! BhtU pt] 11IIti0 L~ MOt~11gN ~1~ Cel1~AlD p1'OID1880t~/ II0~8~ oi wLich f~4a tollowing ia a substantisl ooPf~ to wit: = Fort Pierce , ~7oRda. 59,500.00 December 18 .19 80. Fos Vwi.us Rrciuvso~ the uaderai~ed promise(s) to ps-y to THE LOMAS b NETTLETON COMPANY ~~ ~{ CONNECTICUT , or order, Lhe princip~l sum oi ~I FTY~N~~~~A~~~r ~ HUNDRED & N0~100---------- - ~*~ (= 59,500,00 ), with intereat lrom date at the rate af Thir een & One-hal f^ per centum (13.5 qo) per annum oa the unpaid balance until paid. 1Le said principal aad interest shall be payable at t6e o~ce ot THE LOMAS b NETTLETON COMPANY, 2001 Bryan Tower ~ Dd 11 d S, TeXa S 75201 , or at such other plsoE as the holder may d~gna te in ~vriting delivered or mailed to the debtor, in monthly installments ot Six Hundred Eighty-one & 5Z/~ 00 ~~ (i 681 .52 ), commencing on the first day of February , 19 81 , and oontinuing oa the fust day oi each month thereafter until this note is fully paid~ except that, if not eooner paid, the finslp syment of princapai and interest shall be due and psyable on the Srat day oi January , 2011 . Privilege is reserved to prepay st any time, without premium or fee, tbe entire indebtednees or any part th~eot not less than the unount of one iastallment, or one hundred doQus (s100.00), v-hichever is less. Prepayment in tull ahaU be credited on the date received. Putid prepayment, other than oa an iastallment due date. need not De credited until We next [dlowing installment due date ot thirty days after wch prepaymeat. wdicdever it eulier. If any deficiency in the pay ment of any instaillment under this note is not made good prior to the due date of the nezt such instaWnent~ the entire principal sum and accrued intereat ahall at once beoome due and pay- able without notice at the option ot t6e holder of this note. Failure to exercise this option ahall not oonstatute s waiver of the right to exercise the same in the event ot any sub~equent defeult. In the event of default in tha p~-yment of this note, and if the same ia collected by an attornay at law, the undersigned hereby agree(s) to pay sll coste of collection~ inctuding s reasonable attorney's fee. This note is secured by mortgage of even date eaecuted by the underAigned on c~ertain property described therein and representa money actually used for the acquisition oi said property or the impmvementa the~eon. Presentment, protest. and noLic.~s are hereby waived. /s/ RICHARD M. SALISBURY _ ~~L~ RICHARD M. SALISBU~tY /~ LINDA SALISBURY ~_ _ ______ ~~L] LINDA SALISBURY _.._--- - [~) , ~__.__ -------- IS~-L] ~ And shall duly~ promptly, and fully perform, discharge~ execute, etfect, complete, and comply with and abide ~ by each and every the stipulations, agreements, conditions, and covenants of said promissory note and of this j mortgage, then this mortgage and the estate hereby created shall cease and be null and void. ' T6e Mortgagor further covenants as follows: 1. That he will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time~ ` without premium or fee~ the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars (~100.00), whichever is less. Prepayment in [ull shall be credited on the date receired. Partial prepayment, other than on an installment due date, need not be credited until the next foUowing installment due date or thirty days alter such prepayment, whichever is eazlier. 2. In order mor~ f~sll~- to p-otc~ct th~• s~~~•urit}- of ihis niort~eg~, th~ ~fortga~or, togech~r with, and in ad~iition to, th~ monthiv pa~~r~~P~;s und~r ih~ t~nn~ of th~• nnt~ s~~~ur~r1 h~•reb~•, on the first da~- ot ~a~h month until tLe said not~• is fullt paid, KIII pII~" tn lI1P ~iort~a~,•~~, as trustP~, (un~l~r th~ t~r~ns of this trust ~s herein- fl~lPi S~B~P(~~ t~1C ~U~~OKIfI~, SUIIIS: ~ (a) A sum equal to the ground renta, if any, ne~ct due. plus the premiums tbat will next become due and payable I on policiea of fire and other haaard insurance covering the mortgaged property, plus taxes and as,gessmenta e neut due on the mortgaged property (all as estimated by the ~4ortgagee and ot which the Mortgagor is noti5ed) lesa all sums already paid therefor divided by the number of months to elap~e hefore one month ~ prior to the date when snch ground rents, premiums, taxes, and aqsessments will become delinquent~ auch sums to be held by Mortgageeintrusttopaysaidgroundrents,premiums,taxea,andspecialassessments. ~ (b) The aggregete of the amounta payable purauant to subparagraph (a) and those payable on the note secured E hereby, shsll be paid in a eingle payment each month~ to be applied to the following items in the order ~ stated ~ (I) ground renta, taxes, assessmenta, fire, and other hazard insurance premiuma; ~ ` (II) interest on t6e note eecured hereby; sad ; i (III) amortization of the principal of said note. ' Any deficiency in the amount of such a£~re~ate monthly payment shall, unlc~s made good b~ the ?~fort- ' gagor pr~or to the due dste of the next su~h pe~ ment,, const~tute an event of default under this mortgage. At Mort a e' o tio M t~ ill "l l " di f i g ge p n~ or agor w pay a s ate c ~arge not eacee ng our per centum (4%) of any install- ment when paid more than titte~n (15) days after the due date thereof to cover the extra expense in~olved in handling delinquent payments, but such "late charge" shall not be pa~ able out ot the proceeds of any sale t ~~ ' ~~ '' made to satisfy the indebtedness secured hereby~ unless such proceeds are sufficient to discharge the entire G7 indebtedness and all proper costs and expenses secured thereby. ~ _ 3. If thP total ~f thP pe~-~~~ents mn~l~ h~- thP ttorlKu~or und~r (a) of pnraRrapli 2 prPCedin~ shall exceed ~ the arnount of par~nent~ a~tuall~- n~a~l~ 1r~- t~~e ~tort~aKe~~, a~ truste~, tor Kroun~l rnnts, taxPS and asses.aments, . ~ snd insuran~~ pr~miu~ns, 88 (~IP C8.4P IIlO\' ~N', su~h ~x~~s shall t-r erPdit~d on sulrs~qu~nt pa~~ments to be made ~ b~ the ~ionga~or for s~~h it~m~ or, nt ~t~rtKnKF~'s option, ss truste~, shall be r~funded to :blort~agor, tf, h l • - owever, su~h ~nonth ~ pa} m~~nts ~hull nM tx~ ~uffi~•i~nt to pa~- su~h iten~s wh~n the samP shal) become due and ps~ablP th~n thc '~1orlKa~or ~h~ll pn.• t~ th~ ~1ort ;n ac truste~ e~~ nn~- amount ne~essar to m k [,j` T , ~ ~ , . ~ a e up h ~ ti d i h l) t • h a - r ~ e ic i t e en~} u~ pa~ m~nt s ,r in a . ~1~ within thirt~ (:i0) dn~•~ nft~r w itten notice from t.he Mortga~;ee ~ , 9tatin~ th~ amount of the deficienct•, which notic~ may be given bv mail. It at any time thF~ ~t~rt~~g~r ehall -- ; _ - . `rJ'yu .±'g'S-.e, ,n-e f =_ _r..M'~ . -._ .. , .: ~:'? ~ .. nc-~F'~. d .