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HomeMy WebLinkAbout2845 ~ j I ~ , . ~ ~ i Tha biort-g~or herebp eovensnls with the Mortg~gcxa, ttiat ha is inclofeasibl sc~ized of said land in fee ` eimplo or auch otl?er estAtot ii any aa ie stuted harein; tl~at l~a has f ull {wwor and law~ul rigl?t to CoDVev thu sHine i ue aforesaid; that tho land is irecs ~mra all eneumbrancea excapt as hero~n oLherwise recited; thst saidZvlortgagor ' will niake auch further assurancc~a to prova tLa aforesaid ~itla to said land in said Mort.ga~;ea us may be reasou- ~ sblp required, and that said Martgagor does horeby fully warrant the title to said land, and every part .l~ercot~ ; and will defc~nd the same agaiast tho lawful claims of all porsona wLomsoover. . e ~ PxoviuLq ALw~YS that if the riortgagor shall pay unto the Mortgagee that certain promiesory nuta, oi ~ ~vhich the following is a aubstanWa! coPS~ to wit: - i ?_9~OQ0.00 Fort Pierce , b~lorida. _ riay 23 , la 75 • FOR YALUE RECEIVBD~ tha undersigned prumise(s) to pay to Tf~ LOMAS & NETTLETON C4~~iPANY - 3 ~ , a corporation orAanised and e~dsting uadar the ~ ~ Lswaof tlle--Sta~Le of tbni'tet~ietr~erorder~ theprincipal sum ot TFTEN3'Y PTINE THOUSAND AND-==-- ~ ~ ~ ---------no~100~=Doltars (i 29~000.00 vrtith intereat from date at ~ ..r~~..~.~..~~~~~.. . the rate ot EIGHT AND ONE HALF per centum ($2 per annum an the unpaid balance until paid. ~ The said principal and interest shall be payable at the o~ce oi ~e Lpmas & Nett].eton Compa~}r ~ - o. Box 964 . . . ~ ~ ~ in Virginia Beach~ Virginia 23~+51 , or at. such other p1scE as the holder may designate in writing ~ delivered or maled to the debtor, in monthly installments of ~p ~~~g~ ~Ty THREE & 41~10~0~~ - ~ . 223.01 commencing on the first day of July 19 75 , and continuing on the ~ ~ first day of each month thereafter until this note is fully paid, except that, if not sooner paid, the 6nal payment - - _ of principal and. interest shall be due and payable on the first day of June ,~~5 • privilege is reserved to prepay at any time, without premium or fee, the entirQ indebtednesa or any part ~ thereof not tess than~ the amount of one installment, or one hundred dollars (~100.00), whichever is less. Prepayment in full _ z ~ - shall be credited on the date received. Partial prepayment~ other than on an instaliment due date, need not be cmdited until t " the next foUowing installment due date or thirty dtiys alter such prepayment, whichever is earlier. _ ~ If any deficiency in the psyment of any inst,allment under this note is not made good prior to the due date of the next such installmant, tbe entire principal sum and accrued interest shall at once become d»e and ~ay- ; able without notice at the option oi the holder of this note. Failure to exercise this ogtion ahall not constitute - ~ a waiver of the right to e:tercise the samo in the event of anv subsequent default. In the event of default in the = payment of this notet an~ if the same ia collected by an attorney at Iaw, the undersigned hareby agree(8) ta pay all costa of collection, including a reasonable ettorney's fee: _ ~ This nots is aecured by mortgage of even date e~ecuted by t,he underaigned ou certain property described ~ therein and represents money actually used for the acquisition of said property or the improveanents thereon. ~ Presentment, p*ot,~st, and not~ice are hereby waived. ~ - . j . , ~ . . ~SEAL~ ~ RICtiA~D G'~IARLES ~'ISHFSR ~ ~ _ - _ ~ ~ Diane-~i.s3~er-____ [s~L] ; DIAI~ FISHER _ ~ ~ - - - [~l # _ SEAL . ~ t ~ ~ - And shall duly, promptly, and fully perform, discharge, execute, effect, complete, and comply with and abide ; ' by each and every the stipulat.ions, -agreements, conditions, and covenants of said promissory note and of thia - ~ mortgage, then this mortgage and the estate hereby created shall cease and be null and void. ~ The T'Iortga.gor furt6er ~ovenants as follows: - ' 1. That he will pay the indebtedness, ss hereinbefore provided. Privilege is reserved to pre~~?~ 4t any time, . without premium or fee, the ent.ire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars (i100.00), whichever is less. . . . ~ - - " - Z. In order ~iiorc-full~- to protect thi~ s~curit~- of t}iis mort~ng~, tl?e ~iortgagor, toget}~er witli, and in ~ . addit.iun tn, th~ monthl~• pa~•ments under ihe tenns af thc~ note secured hereb~•; on tl?e first dn~• of r.ach month ' until the s~ic: notc is full~ paiil, K~ill pa~• to the ~lortgngee, as trustee; (under thc~ ternis o[ this trust ns lierein- ~ - aft~r stai~d) tlic f~~llo~sing suu~s: . . ~(g) A sum eyual to the ground rents, if any, next due, plus the premiums that will next become due and payable ~ on policies of fire and other huzard insurance covering the mortgaged property, plus taxes and assessments ; ~ next due on the mortgaged property (all as estimated by the 1liortga{See and of which the ~iortgugor is - z _ notified) less all sums alrzady paid therefot ~~vided by the number of months to elapse before one month ~ ~ ~ prior to the date when such ground renis, premiums, taxes, and assessments will become delinquent, such sums to be held by Mortgageeintrusttapaysaidgroundrents,premiums,taxes,andspecialassessments. . (b) The aggregate of the amcunts payable purauant to subpara.graph (a) and those payable on the note ~ecured . hereby, shall be paid in a~single payment each month, to be applied to the follov~ing items in the orsier stated: - _ (I) ground rents, ta~ces, assessments, fire, and other hazard insurance premiums; ~ -(II} interest on the note aecured hereby; and _ _ (III) amortization of the principal of said note. ~ ~ - ~ Any deficiency in the amount of such a~;gregate monthly~ payment shall, unless made good by the Mort- gagor pr~or to the due date of the next sucl? payment, constitut,e an event of default under this mo~ tgage. ~ At Mortgagee's option, Mort~?agor will pay a"late charge" not exceeding #our per centum (4~J'o) of any install- . ment when paid more than ~ifteen (15) days aiter .he due date thereof to cover the extra expense involved in ~ handling delinquent payments, but such "late charge" shall not be pQyable cut of the proceeds of any ssle made. to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to d~scharge the entire indebtedness and sll proper costs and expenses secured thereby. - _ ~ 3. If the total of the pa~-ments mnci~ h~- the ~4ortgagor un~irr of pflrn~rapli 2 prcceding shall exceed - the amount of pa~•uients actuull~- nia~l~ t>~• tr~e 11ort~;A~;ce, as trustcr, for groun~l rents, tu~es ancl assessments, - snd insurance prcnriunis, as tl~c case ~na~~ br, suc}i excess shall be credited on subscyuent pa~•ments to be made ~ b~ tl~e liortga~or tor.such iteuis or, ut. tilortgngee's option, as trustee, stiall be refunded to M~rtgsgor. . If, _ _ how~ver, such iiionthly pa~•ments sl~oll not lje sufTiri~nt_to pa}• such items when the same shall become due ~ and pa3•able, then tl?e ~4ortgagor shnll pt?~• to tlie ~tort~n~e~, as trustee, an~• amount necessary to mske up the deficiene~-. Such pa~•ii~cnt sliall be ~nacic within thirt}• (:i0) cia~~s after w-ritten notice from t~ie Morigagee stating the ~nount of the deficienc~, which not~ce may be given by_mail. If at anp time the Mortgsgor shall ~ ~ BOOK ~9 PACf ~~~0