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HomeMy WebLinkAbout2133 ~ - i ~ . eo~K ~0~ rAC.t~~2 ~ ; . ; ~ ~ . ' ' ~ ~ 9. The Mor~gagox furt2ier c~avenante and ag~eea ae folZowe:. ~ ~ . T~ p~rmit, cam~mit or ~uffer no waet~, imp~irraent ~r deteriox~~ion . o~ esid pr~p~r~y or any gart th~xeof, exGepting howeve~c, tha~ ~h~ doing of either or both o£ the £ol~.awing by the M~r~yagor, tcr-wit: ~ ~ ~ (a, The excavation and digging c~f canala and the Greation of artificial lakes or waterway$j or ~ . ~ . (b) The removal and tranafer of aoil, rock or muck ~raa . . on~ area~of the mortgaged property to another ares oxiginally encumbered by this mortgage, ~ ~ wfll no~ conatitute wa~~e, impairment ar deterioratiofl of the mortgaged ~ ~ property by the Mortgagor if auch excavation, d#.gging or removal and ~ transfer ae~ forth in (a) ar?d (b) da not materially reduce the value , and security of the mortgaged property to the Mortg~gee, however, r~o , ~ excavation or reinoval of soil aa menfiioned in above paragraphs (a) and ~ (b) shall be dor~e or perfor~aed ugon the land that is allocated as ~ being with the "home place" , beii~g a parcel of land 240 £eet wicle and ~ ~400 feet deep, tronting onthe St. Lucie River, which can be further ~ identified as a parcel of land extending 100 feet Noxth-of the building . on ~aid pxaperty and 100 feet ~ast and West of the building on $aid ~ ~ property and a atrip of land from the South boundary of the building L down to the water's ~dge of the St. Lucie River, until half of the ~ - balanc~ of the within purchase money mortgage has been paid. Furthe~- ~ ~ more, no excavation or remodal of soil as mentioned in the two above ~ ~ paragraphs ahall be inade on land ur~der the ~?ortgage until the first • , ~ annual prineipal payment hae been made on this mortgage. ~ ~ . ~ ~ ~ The Mortgagee has accepted t.lais mortgage, and the note it . ~ s~cures, with the understanding that the Mortgagor shall ne~ver be _ ~ . personally liable ~or t~~.pay~ent of any eums whatsoever by reason t~= of th~ rnaking of the said note and the within mortgage, or by reason - of default in the perforcn~ance of the tez~ns of ~aid note an~ th~ , ~ ~ wit~in mostgage, the MortqageQ having cavenanted and agreed witch th~ € Mortgagor that the enforcement of the rights of the Mortgagee und~r the a~id note and under this mortgage is limited ~o the security o~ the = real property which is encumbesed by this mortgage. Nothing herein k; . contain~d shall be cor~rued as prohibiting the Mortgagee fran having any and all r~nedies which the law and thia mortgage, and the note it ~ secureB, p~r~it, so long ae any such remedy does not include or extend ~t ~ to the s~eking or obtaining of personal liability against the Mortgagoro ~ 3 3 ' • ~ So long as no default ~xists as to any provision or cavenant ~ of thie mortg~ige or the pranissory ~ote which ~t seeures, the Mortgagee ~ ehall release parts or portions of the gremisea(which have not already~~~ been ~axcluded froa? thia mortgage) fx~om the lien of the ~aortgage on the ~ follawing terms and condi tior?s : ~ ~ Parcel$ of no less than t~r? (10) acxe$ each etarting in the ; ~ northwest corner of the property encumbered by the mortgaqe and . ~ which ahall. run fran north to south in enn~iguoua par~els, equare ~ ~ 3 in form wher~ver po$eible. Such release~ of laxid shall be given ~ upon the payment of $1,64S.Q0 per acre (being apgraxi.mately t z 12596 of that gortion of the amount of the mortgage allocated ; ~ equally among the 57 acres, more nr le~s, to be ancu~nbexe~d by eaid mortgage). However, the Mortgagor ahall be er?titled ta ~ ; obtain the rel~as~ of water fxontproperty prior to the time thats~` - : ~ ~uch water front property would be released through paymertts ~La~? ~ x. accordance with the rec~ular pnywen~ and contiguous manner of ,:~t . - . ~ releases provided above, as follows: Upon payment of $50.00 ~ per €ront foot adjacent ~o the water front the Mortgagee Bhall ~ ~ . . , ~ ~ ~ : - o. ~~J6 ~c.t 332 ~ ~t ~ ~ - . _ - t;