HomeMy WebLinkAbout2133 ~ - i
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~ 9. The Mor~gagox furt2ier c~avenante and ag~eea ae folZowe:. ~
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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:
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(a, The excavation and digging c~f canala and the Greation
of artificial lakes or waterway$j or
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~ . (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,
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wfll no~ conatitute wa~~e, impairment ar deterioratiofl of the mortgaged
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~ 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
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and security of the mortgaged property to the Mortg~gee, however, r~o
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~ 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 $aid
~ ~ property and a atrip of land from the South boundary of the building
L down to the water's ~dge of the St. Lucie River, until half of the
~ - balanc~ of the within purchase money mortgage has been paid. Furthe~- ~
~ more, no excavation or remodal of soil as mentioned in the two above ~
~ paragraphs ahall be inade on land ur~der the ~?ortgage until the first • ,
~ annual prineipal payment hae been made on this mortgage. ~
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~ The Mortgagee has accepted t.lais mortgage, and the note it .
~ s~cures, with the understanding that the Mortgagor shall ne~ver be _
~ . personally liable ~or t~~.pay~ent of any eums whatsoever by reason
t~= of th~ rnaking of the said note and the within mortgage, or by reason
- of default in the perforcn~ance of the tez~ns of ~aid note an~ th~ ,
~ ~ wit~in mostgage, the MortqageQ having cavenanted and agreed witch th~
€ Mortgagor that the enforcement of the rights of the Mortgagee und~r the
a~id note and under this mortgage is limited ~o the security o~ the
= real property which is encumbesed by this mortgage. Nothing herein
k; . contain~d shall be cor~rued as prohibiting the Mortgagee fran having any
and all r~nedies which the law and thia mortgage, and the note it
~ secureB, p~r~it, so long ae any such remedy does not include or extend
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~ to the s~eking or obtaining of personal liability against the Mortgagoro
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~ So long as no default ~xists as to any provision or cavenant
~ of thie mortg~ige or the pranissory ~ote which ~t seeures, the Mortgagee
~ ehall release parts or portions of the gremisea(which have not already~~~
been ~axcluded froa? thia mortgage) fx~om the lien of the ~aortgage on the ~
follawing terms and condi tior?s : ~
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Parcel$ 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 ;
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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~? ~
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accordance with the rec~ular pnywen~ and contiguous manner of
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~ releases provided above, as follows: Upon payment of $50.00
~ per €ront foot adjacent ~o the water front the Mortgagee Bhall ~
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