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HomeMy WebLinkAbout0944 s~-46,642 / MOR'PGAGE DEED "~i~1OEi2 13 TN1S INQENTURE. made chis .-_••._.~ZSt..... day o(......AIiCUJT 19....~5... BETWEEf! .........1 t{G~:IA..~.._~:a.....~.,~r~:~.~e.~...~3~...----.......... GAIL. L._ FLr;TClfi~R.,....his_~!?:f~~........_..._ «.~a?Ag.t ~~n~ c~q or 5t. Lucie Count~ of and Sute of Fbrida, 6erer(tcr calied the "Morl`a6or•>~ and ~Q 20 ? SQ 'rELERAL HWY ~ 5 BENEfiClAL MORTCAGE CO.OF FLORIDA, a corpontioa haring an office ~ad place of bwinas at ................._.....__._.._._._.W....-_•••••....................... , . . ia che Ciry ot......~~. P~.~"~..~%~..----•-•--......, Couary o( _.__-ST! ._.~CI_.~G.,..... and Sute of Fk~rida, heredter catied thc "Mort~agee". R'ITNESSETH, that Mortaaaor, ia consideratioa of ~ Rerotvin~ i.oan eaade to Monga~r br Mw~agee, ~uc6 loan beina evidsnced by a Rerolrina Loan Agreeaxat ("Agreement'7 dated the ume dau as this Mortgage, a uue eopr o[ rhich is attsched herelo aad made a put hereof 6y tAis reference, wd ia order to secure the paYment of the Reroiving Loan Agrcement by whic~ Mortga6re is obligated to make loans and ~draw-es to Mort6agor up to the amount of • „ hereafter identified i• the l~ne of Credit, and all other aums u prorided hercin aad to reeure the per[orauna of all the agreements and cronditioas conuined hereia and in the ASreement, by these praents, does gran4 bugain, sed and conre~ to Alor e, its succeuon and aseigns, the folloxing deteribed rea~ propet(y, hereatter rcferred to ss the "Propert~••, aituate, lying and being in the County of ...»J.T.._.•._~CIE ~nd the Sute of florida, to-rriC Lot 30~ 31ock "B", AVOJr AfAh'OR, L'h`IT Oi1E, according to the Plat thereof~ as recorded in Plat Baok 16, Fage 19, of the Public Records of 5t. Lucie Cou~ty~ r^lorida. ~ _ ~o- ~ . , . . ; . . . ~ . i= ~-1. ' t..' ir,... ~C,. . . ~ , ' t?!CpC?t1~' . L..... . . L~.-.. : ~ e. ~ 3~i. ~ii'. C)! ~C;r::h POiTF;tiS q?Q~ , ~~fCi11': ~~~.'t. .~'.,t {_tJ^!$, r,^., ,(IU ~ ~ 1[ thix bo: is checked, this Mortgage is subjeet to a prior mo: tgage datcd 19......., ~j t , e:ecuted by Mortgsgors to ~ u~lortgager, which prior mortgage secura payment o[ a promissory note in the priacipat amouni of 5 That prior mortgage wu recorded on ~ 19......... with the Clerk oC the Circuit Court of the CountY of Florida in Book No. st page ; Mortgagor fullr warnnls the tide to the above Properry•, and ~rill defend the same against the larrful elaims o[ al) persona whomsoever. In the erent the Properry ~ is sold or otherxise conreyed without the rrrittem m~sent of the Mortgagee, sueh ssle of conveyanec at Mortgagee's option shall be coasidered a default under thi3 l~lortgage and the Mortgagee shall be entided to all remedies provided herein and~or aa prorided by Itr and equiry. This Mortgage is not as+umable nor is the 4lortgagor's intersl herein trsnsfersble rithout the prior writtem m~sent of the Mortga}Se~. If Mortgagon rolunurily shall se0 or conreY the Properry, in rhok or in part, or any interest in that Ptoperry or Ey some act or means direst themulves of tide to the Properry ~rithout obuining the +rritten consent of Mortgageq then Mortgagee, at its option, may declue t6e entire ba[sace of the toan plus intercst on the balance immediately due aad papable. This option shalf not apply if {1) the sale of thr Property is permitted because the purcAaser's creditworthiness is utisf~crory to Mortgagee and (2) that purchaser, prior to the sale, hu e:ecuted a ' Mritten assttmption sgreement containing terms prescribed by Mortgagee including, if required, an increase in the rate ot interest payable under the Agrerment i PROVIDED, HOWEVER, that if Mortgagor shall make elt paymenu required by the Agreement, and shall rel! and wly perform and comply ~rith each and ! e~ery covenant of the Agreement and of this Mortgage, thon this Mortgage shall be null and void, otherwise to remain in full force and eftect. Mortgagor covmants to pay, when due, the full amount of each and e~~ery instaiment u prorided ia the Agreement; to pay beforc they become delinquent dt encumbranr_s of every kiad upon the Propem togeeher with thr indebtedness se~vred thereby, induding anr prior mortgages and deeds of vust; to pay all tuts and assrssments leried xilh respcct to the Property, la r+horn~oever the same may be usessed, be(orc they become delinque~t; ntither to commit nor to suffer anr sWp, waste, impairmtnt or deterioration oC the Property; to keep the buildings no~r or hereafter to be ererted on the Property (together rith any ~rersonal property included in this Mortgage) insured against loss or damage by fire and such other hxurds, ia suth amouets and with such carrien u shali be accepuble to the Mortgagee; and the I?lortgigor herebr ~?aives al! right of homestesd and e:emptions uader tht Constitution and the Lsrs of Florida. Mortgagors herein eipressly covenant and agree to pay and keep cu~rent the monthly insulments on anY prior mortgage and to prevent any detault tAereunder. '.1lortgagon further agree d at should any default be made in the payment of any i~sialmeot of printipa! or any interest on the prior mortgagc, or should any suit be rommenced or other action taken to Coredose tht prior mortgage, then the amount secured b} this Mortgage shall become and bs due and payable in full at any time thereafter, at the opuon of ~he Mortgagee and in accordance with the Agreement Mortgagee, at its option, may pay the scheduled monthlr instalmenu on the prior mortgage and, to the e:tent of the amount so paid, become subrogated to the rights of Mortgagee idrnlifird on the prior mortgage. All payments made on thc prior mortga~qe by Mortgagee shal) bear interest at the Finance Charge rate being chuged under the Agreement until paid in fulL If any o( the foregoing co~enanu should be bceached by Mortga~{or or upon the death of Mortgagor, then: (I) the Agreeme~t and all monies hereby secured at the option of the Mortgagee and xithout demand, shdl bcrnme imroediately due and payablr, (2) Morigagee, at i~ option, ms~ pay any such delinquent sums and in- terest due undet pro~-isions o( the foregoing covenants and the full amount of such payments shall become part of the Unpaid Balance due uoder the Agreement and shall bear interest at the financ~ charge rate in eff~ct under the Agreemtnt, togeth~r with the agreed interest, s6a11 be xcured by the tien of this Mortg:ge; and, (3) ' thi; Mortgage (orthxith may be foredosed. In t1e cvent of any foreclosure of this Mortgage, the Mortgagor agrees to pay all costs and eipenses of (orcclosure, in- ' cluding reasonable attorney's fces, togelher vrith ~ny and all amounts rrhich the Mortgagee shall hare dubursed under provisions o( this Mortgage and the Agrce- ment secured thereby. Mortgagee shall be entided to apply to the court [or a Receiver (or the Propetty, without notice and xithout regard to the value of the Proper- t~ or to the solvency of the Mort~Cagor, and all ronts, profits, inmrnes, issues and revenues of the Properh shall be applied by the Receircr according to the lien and equity of ehis Mortgage. If there be more t}~an one mortgagor, all singular Kords herein reEerring to the Mortgagor shall be read in the ptural. IN WITNESS IVHEREOF the Nortgagor hu executed this ins~rument under seal the day and ~ear above vrritten. Signed, sea{ed and deli~~ertd in the pr~sence of us: _ ~J~~ ,1>' ~ - ~s~~> Rtitness i ` i ~ . ~`r(; " ~ - r - ~ ~ - ! C'~{~.~.~~1..~ (Seal) G'itnes; GA I'i. C LGT(~i2'~' R (se al) ~ itness P Corbett FC Box 2411 t. Pierce FL.,.._.... C,, This instrumeni rbs prcpared br:...... ' ...........-°°----°--.................t......------...._..........._•-•_1-------..... Name Office Address - :~~f, l:. C~,,y , STAT~AF PLff$ibA•-~ ':1`,~•. ) ACKtiUVVLEDGMEVT . . . .._I ' ra~ +-'y~, ~ ~ 55. . . . . ~ ~l3UiYT+~`~0~'~i.: ~ ~ .r.' ~ + - ~lS7 , . ' _ _ I'~HEEE~~~RT'I~' that v}~ thia day, brfore me, an officer duly authorixed in the Sute and County aforeuid to uke ackno~ledgtcent, personall~ appeared . : r-~ " THOMAS D. FIETCI~R an~.._~~l~...~......F~~.~k~R......h1.s....tdi~s y..._...........____.__....._......~~._._ . . - . . . : ~ to-eqt 1ca4w~to be.1h! p,~nd~s.Jdescribed in and Kho r:ecuted the abeve instrument, and ..t...heY...... ackoo.+lsdg~d before me that ...~r..hey.._ e:ec~ied t6e same. ~ W Irl'M1£~' jnv ~~d and official xal in the Cou^iv and State {ut aforeaaid this z~St daJ ol...._.........~A.II.S.tIJ.ST.._.._............... 19......~,~... s f Noc+ry Public Mat~ry pnb?Ic State of ftartda at targe My cor~~mission e:pira CORl~I~S~LQ1LEXpw:gs.g8~e$ ~ ~S_ ertY.. RC t F1.2U. Ed. ilu.'84 aUl~l1 PAGE ~ ' , . ~*x~ z v.~,..~