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HomeMy WebLinkAbout1659~ ~ ~~ FIRST FEDERAL SAVINGS AND LOAN ASS~CIATION OF FORT .PIERCE MORTGAGE MODIFICATION, RELEASE ,~ _ AND ASSUMPTION AGREEMENT 5~S1S5 .~~t. • Loan No. 2~p~R591 Name: TIMOTHY E_ HEAFNFR e ~CAROL M, HEAFNER ~~ ~~ THIS AGREEMENT is made this 23rd day of _ JANUARY ,,,,. "~~ 19~, by and between FIRST FEDERAL SAVINGS AND LOA ASSOCIATION OF FORT PIERCE, hereinafter called the "Association", and ~J TIMOTHY E. NEAFNER AND CAROL M. HEAFNER, HIS WIFE ' , ~~ hereinafter ca led "Owner s)". ,; ~ W I T N E S S E T H: ~ WHEREAS, the Association owns and holds the original pro- missory note and mortgage executed on Oct b . ; evidencing a principal indebtedness on said date of 18 300.00 . { which.mortgage is recorded in Official Record Book 29( ~, page ; 682 of the public records 'of ST. LUCIE County, . ~ F o da ; and • ' WHEREAS, said mortgage provides that the Association may L; ' declare all of the sums secured by said mortgage to be immedi- ately due and payable if all or any part of the property or any . •- interest therein is sold or transferred without Association's written consent; and WHEREAS, title to said property is being trarisferred and conveyed to the Owner(s) who wishes to obtain Association's con- sent_to said transfer and agreement that the credit of the Owner(s) is satisfactory to the Association and that the interest rate payable on the sums=secured by said mortgage shall be at a rate requested by the Association; NOW, THEREFORE, in consideration of the cover~ants and promises contained herein and for other good and valuable con- siderations, it is hereby agreed that the aforesaid documents be modified as follows: 1. The undersigned Owner(s) hereby expressly assumes and agrees to pay the indebtedness represented by and due on the aforesaid promissory note and mortgage and any modifica- tion or correction thereof in accordance with the terms thereof and as modified herein. It is agreed that the unpaid principal balance of said indebtedness as of January 23rd , 1981 , is SEVENTEEN TNOUSAND FIVE HUNDR SE~ENTY ONE AND 86/100------ ---------- ($ 17,571.86-------) and that the interest rate on said indebted- ness shall be 13.50 per cent per annum, beginning on 19 , and that commencing on _February lOth 19 81 , the Owner s) shall pay said principal and interest in consecutive monthly installments of TWO HUNDREQ SEVENT FN AN 54/100- ------------------------($ 217.54--------- ) and a like sum on the t ay o each mont therea ter until the entire indebted- ness evidenced by the aforesaid note and mortgage, as modified herein, is fully paid; except that any remaining indebtedness, if not sooner paid, shall be due and payable on November lOth 19 98 . ' 2. The undersigned Owner(s) hereby agrees that the afore- said indebtedness stated~in Paragraph 1 above is due according to the terms and conditions of the aforesaid note and mortgage and any modification thereof without defense.or off set and further agrees to be liable for said indebtedness as fully and to the same extent as if the Owner(s) was the original maker ' thereon. In addition, the Owner(s) agrees to personally per- form and to fully abide by all the terms and conditions set forth in said note and mortgage and this agreement. 3. The Association recognizes the Owner(s) as the new Obligor(s) on the subject loan, approves the credit of same and i Bt~(~7 PAGf,i~~ ?2/l~/79 ~T. _. --- -- - - -~ _ ~ ~~ - -_ ~