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HomeMy WebLinkAbout0930 - , / , . 558523 B~a~n ___~o~__~'-.~!.~.~d~s~ ~ MORTGAGE FUJRIDA JIM WAI.TER HOMES, INC. . THIS MORTGAGE, Made this da uf ....~j~'.~l~..~....-............................. , ~9 b~~i~tW~, .....c~;.~~(,~.4.~~.~at?~..~;,,.~. .~~y...K....~,a~ ~-4~....~'~:~~. , of . ........................County, Florida, hercinafter calleci I~4urtgagor and lIM WALTER HOMES. INC., a Florida corporation, with ~ffices at 1500 North Dale Mabry, Tampa, Florida, 33607 heceinafter c:ill~d Mortgabee. WrI'NESSETH: That Mortgagor, in consicieration of the nwtual cuvenants and conditi~ns hrrein ~ontained and other valuable consideration deliverecl by the Mongagee to the hlortgagor, the receipt ~nd sufficiency a•hereof is hereby ~c~cp}wleci , d~xs i~ercby . g~ant. bargain, ~ell, assign. transfer, convey anci c~nfinn unto Murtgagec ~he pn~perty situate in ..,-~~~i. . n~ County, Florida, des~:ribed as: "1 ~-oo ~ / /Y , ~ 4a . . ar . .-~-~1'~ca~+9+~? ' ~°-~-c- ~ ~ ~ ~O t~ - ~ g' ` ~~e ~ ~ ~ . ~ ~ ~ ~ / ey~' Recoived S • ~ ~ In ~ayment Qf Taxei ~U° ~.'1 C~Cl~$ ~f`.~1:' ~l': SC..^.d~ Qf T O~%B :yr _ Pursu~nt 7o C~~:~,, c 7i, .3-i, iicis Jr 2971. it`v~L~ P~lITR,iS C(erlt Circult Court. St. Lucia, Co., Fla.'~ 7~0C'ETHER WITN all and singular the ways, easerrients, riparian and other rights, ancl afl tenements, hereditaments and appurten- ances thereunto belonging or in anywise appenaining, and all houses, buildings, swctures and other improvements now c~n said land or that hereafter may be erecttd or placeai therL~n, and added thzreto, atui all fizwres astached thereto and all rents. income, is~ucs and prof- its accruing and to aocrue therefrom; TO HAVE AND TO HOLD the above described property, anci said irnpro~ements unto the Mortgagee, its successars and assigns, in fee simple. Mortgagorhereby co~^enant~ with Mortgagee that Mortgagor is lawfully seized of the fee simple title to the abot•e descTibed property and has fuli power and authcxity to gtant, bargain, seii arxi mortgage the same to the ~4ortgagee; that said pruperty is free and dischargeci from ali liens, encumbrances and claims of every kind, including taxes and assessments ezcept the lien of taxes that may :~at yet be due and payable; that said ti4octgagor, his heirs, legal representatives and successors, shall w•arrant and defend the tide to said property unta ~he ~ Mortgagee against the law•ful claims and ~emands of ali persQns w•homscxver, anci ~~ill ma}:e such further as~urances to perfect the fee ~imple title to said property in the Mortgagee as may be c~asc~nably requirecl. PROVtDED ALWAYS, and these presents are upon the~ expressconditions, that if Murtgagor shall promptl}~ pay to Matgagce one certain prumiscory note, of even date herewith, macie by Mortgagor to !~1oRgagee in the principal amcwnt uf 5..~?r. .~'Z~j~, G~ payable in monthly installment~ti of S.._!zJ~!1. ~ each, the last installment being due and payable on ....:l.'. .~..Q........... . and until full payment thereof, or extensions or renewals thereof, in whole or in part, and payment of all other inciebtedness or liability that may become due cx owing hereunder and secuced hereby, shall faithfully~ and promptty comply N ith and perform earh and every other covenant and provision co~tained herein un the part of Mortgagc~r to be complied ~~iih and performed, then this Mortgage and F the estate hereby created shall cease, det~rmined and becortrr null and vo~d. lJpon full pay~ment, as above pmvideci, 111ortgagee shall, at ° Mortgagor's request and expense, execute a satisfaction of this hlortgage. Mortgagor further covenants and agrees K~ith the Mortgagee as follou•s: - To pay the indebtedness recited in and evi~nced by S~id note and any exten5ionti ar ren~ ~~als thereof, and all ~~ther inciebtednc~s or li- ability hereby secured, how•evercreatai or evidenced: to pay all ta~ces, a,~,es~ments, le~~ic~s, I~ens and encumbranres of every kind and na- ; ture on said property and upon this mortgage and contract and the me~nies.ecur~d hercb~• promptly when due :uxi before delinyuency ' thereof; to pay all costs and e~penses incurred cx paic! hy the !~lortgagee in collc~ting the milebtedness hereb~~ secured or in enfcxcing or ! protecting the rights and security of the Mortgsgee hereuncier, inrluding ac:tual cc~urt costs and re~onable attomey's tees if referreci to an attorney, who is not a salaried employee of Mortgagee ur its assigns; ro keep all buildin~s and swcwres now~ or hereafter erected upon the mortRaged premises prrmanently insured against physical damaQe or loss from fu~e, tighining arxi extended coverage to the ex~ent of the lesser of thr aitual r~h v~lue. of the house or tF~ unpaid balarxe of the ~atih prire. Mortgagur must m:~intain the reyuire~i in,ur~nce co~ cr- F age from the date of comrr~ncement of contitruction until tilorgagor's obligationti under the Contract etecuted with reference to this ~lortgag~ are full~ discharg~~ci_ The reyuired p~liry or polieit~s 1ha11 ~ontain a clau.e makin~ the prckeeds payable to ~lortga~ee to the ex- tent of its interesi in the pmpert~•. ~1ortgagee rc~cn~eti ttk right to rcfute tu ~crept :ui insurvr ~~flered by the ~t~?nga~or if the Ex~licy iti not in th~: form uf the amount accepwble to the '~turt~;aree. : It is funhercovenanted that the Mongagee ma} at ~ts option, hut in no e~~ent shali it t~e obligateel t« do so, ad~~ance monies that should have been paid by Mortgagor hereunder in orcler to prc?tect said property or the lien or ~erurity hereof, and !41ort,~agor agrees withcwt de- ~ mand to forthwith repay such monies, which amount shall bear interest from the date x~ ad~~anced until p~id at the rate of ten ( l~ ) per ` ~ cent per annum and shall be consicler~i a, su much ~ditiunal inciebtedness secured hereb}': but no pa} ment b~• the Murtg~gee of an} such monies shall be deemed a waiver of the Mortgag.e's right to declarr tt-~e principal ~um ~ue hereun:fer by reason of the def~ult or viol.stion of Mongagor in any of his covenant~ hereunder. The Mortgagor agrees that any~ sum or tium~ which may be loaned or advanred b}~ ~(ortgagee to the Mortgagor at any time w~ithin tN~enty (20) years from the datc of this Mortgage, [ogether with interest thereon ati set forth herein or as agreed upan the time of such Ic~n _ ~r advance, shall be eyu:ill}• xcured ~ith and ha~e the ~ame prio: it} :~s the ~~riginal irtJzbtedness hereur.der:?nd shell t~ ~ubject to all the ? ; terms and provi~ions of this mortgage; pro~ided that the aggregate ~m~~unt uf the principal uutstanciing at any time shall not exreed ~?ne - ; hundred fifty percent (150~'h) uf the prineipal amount originall} tit~urcd herehy. Nothing containcd herein ~hall ubiigate Mongagee to ` ' , make an~~ such loans or advances. The M~>rtgagor further coven:uits t~~ k~ep.aid pro~rt~ an~ the building+ n:~w located thereun or hereaf- ; ~ ter to be erecled thereon in gaxi repair and to permit, commit or suf fer no W atite, injpainnent or deteriuratian ttiereof, and to comply titnct- ; ly wi~h all laws and governmental regulation. :u~d rule~ affecting said pm~ert~ ur its uperaticm. ~ h is further covenanted and made the essence hereof that in case of default for thirty days in the pciyment of any sums of money to be ~ paid hereunder by the Mortgagor or in the performance of an}~ uf the cuvenants herein on the part of the Mortgagur to be performed, then it shall be optional with the Mortgagee to ccrosider all unn~tured inciebtedness or liabilit~~ secured hereb}~. incluciing any a~iditional sums hereunder advanced and secure~ hereby and any interest due thereon, as immediately~ due and payable, without demand and without na ~ tice or declaration of said option, and the Mortgagee shal I have the right forthw•ith to institute proceedings to enfcxce the collection af all ~ monies secured hereby, including the right to farcclose the lien hereof. ~ 3 ~ THIS 1'~ 'T UMEN7' PREPAR ~ . ~ ~ I . .....;~~i. • • . ; ~ p p~ f j c~ ~ w.a HoM~s. ~ 31 PACE ~ . ° ~ } ~ ~ ~w a~o te.. viei~ ~~OK z . ~ _ - - ~