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Home My WebLink About0995 10~2i79 r ~ ~ - i,,,, ~ , ~ . , f ~ ! _ ~ , , i • THIS INSTAUMENT PREPARED BY ~ ~ ~ ~ S ' ' ~ ' ~ ~ ~ i; , , ~ , , , , ~ ANO RETURN TO: ~ ' PATRICK A RiCE. ESQ. i"; I., 1 c~ F_'~~~- L' . - - ~ P.O. BOX 3010 ~ TEQUESiA. FL 33469 , , : , ~ • ' MORTGAGE ~ . THIS MORTGAGE DEE~, EXECU7ED THIS 18th day of January, 1990, by BRUCE C. SCHILLING and PAULETTE M. SCHILUNG, his wife, hereinafte~• caYed the Mortgagor, to JUPITFR TEQUESTA NATIONAL BANK, a corporetion existiny under the iaws oi the U~~~ted Sletes ot Arnerica, whose address is 250 Tequeisia Orive, Tequssia, Fiorida 33469, heruinetier caYed ihe Mortgagee: (Wherever used herein the terma 'Mortga9or' and Mortgagee' indude a~ the paAies to this instrument and ihe heirs. legal re~xese~tatives and assigns of individuals, and the successors and assiyns of corporations; and the term 'Note' indudes aN the Notes herein desuibed, it more thsn one.) WITNESSETH: THAT tor yood and valuable cor~siderations, and also in consideretion of the eggregate sum oi ONE HUNUHED FORTY THREE THOUSlWD TWO HUNDRE~ AND NO HUNDREDTHS DOLIARS (5143.200.00) named in the Mortgeqe Note oi even date herewith, as hereinaRer descnbed, and to secure the repayrnent of the indebtednesa evidenced by said note, with iriterest thereon, the payrr?e~t of aN other sums with interest thereon, advenced in accordsnce wfth this Mortgage induding, but not Yrrited to future advances, the taithful peAortnence ot aM covenants end obligetions of Mertgagor contained herein, the Mortgagor hereby grants, bargains, seNs, afiens, remises, conveys and confwms unto the Matgagee a1 the certain land oi which the Morlgagor is now seized arsd in possession situate in St. Lucie County, Florida, viz: PARCEL f1: Lot 40. Bbck 1592. PORT ST. LUCIE SECTION 1VNENTY-THREE, according to the P{at thereof as recorded in Plat Book 13, at Pages 29, 29A through 29D, of the Pub6c Records of St. Lucie County, Florida. PARCEL f2: Lot 41, Blodc 1592, PORT ST. LUCIE SECTION 7WENTY-THREE, according to the Plat thereol es recorded in Plat Book 13, et Pages 29, 29A through 29D, of the PubNc Recads of St. Lucie Counry, Fbrida. TQGETHER with aH sUuctures and improvements now and he~~fler on said land, the fixtures attached thereto and aM gas, elecVic. steam, refrigerating, heating, cooking, plumbing, irrigating, appiiances and other machinery which may now or may hereafter be used with, n or on said premises, whether detached or detachab{e. TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, induding but not 6mited to aN e~sements, rruneral, al and gas rights, and water rights, and the renis issues and profits thereof, unto the Mortgagee, in lee simple. I AND the Mort4}egor covenants with the Maigagee that the Mortgagor ir~ indetessit~ly seized of seid land in tee simple thet the Mortgagor has good right and lawful authoriry to convey said land as atoresaid; that the Mortgagcx wii make such further assurances to perfect the tee simple tiUe to sa~d land 'n the Mortgagee as may reesonaWy be required; that ihe Morlgagor hereby tuUy warrants lhe title to seid land and wir de(end the same against the law(ul daims ot eN persons whomsoever, and that said land is iree and dear oi aq encumbrances. PROYIDED, ALWAYS, that if said Mortgagor shaN pay unto said MoAgagee that certain Mortgage Note, which is attached hereto as Exhibit 'A' and hereby incorporated herein, and shaq periorm, compiy wilh and abide by each and every of the agreements, stipuiations, conditions and covenants thereof, and ot this Mortgage, then this Mortgage and the estate hereby created, shall cease, determine end be nuY and void. The Mortgagcx hereby further covenants and agrees: i 1. PAYMENT OF PRINCIPAL AND INTFFtEST: Mortgagor shall promptFy pay when due the prinapal oi and interest on the indebtedness evidenced by the Note, prepaymenl and late charges es provided ~n the Note, end the prinapal ot and inlerest on any Future Advances secured by this Mortgage. I 2. Ft1t~DS FOR TA~S MD INSIJFi/WCE Mortgagor shaN prompUy pay when due aY premiums on ~ insurance poGcies directly to the insurance cartier. Mort4egor shaM promptly pey when c~e aY real estete taxes dKectiy to the payee ~ thereof. At the request of Mortgagee, MoRgaqor shalf submit to Mortgagee receipted tax and insurance bills and/or premiums. ' 3. APPLICATION OF PAYMEM'S: Unless applicable !aw provides otherwise, all payments received by Mortgagee under the Note and paragraph I hereof shaN be appGed by Mortgagee fxst to late charges due under the Note; second E to interest payable on the Note, third to interest due on any Future Advances, then to the prindpal of the Note, end then to prinapal on any Future Adv9nces. i 4. CFIAR(~S; LENS: Mortgagor sha8 pey aN taxes, assessments and other charges, futes and ~ impositions attributaWe to the Property which may attain a priority over this Mortgage, and leasehold payrrients or ground rents, f rf any, in the menner provided under paregraph 2 hereof a, iI not paid in such manner, by Mortgagor making payrr~rt, when due, ; direcUy to the payee thereoi. Mort~a~ shaN promptly tumish to Mwtgagee a~ rtotioes ot amounts due under this paragraph, and ~ in the event Mortgagor shaY make payrr~ent directy. Mortgegor shal promptly tumish to Mortgagee rec¢ipts evide~cing such ~ payn?ents. ARatgegor shaN promptly discharfle any Yen which has priority over this Mortgage: provided, that Mortgagor ahaM not y be required to discherge any such Gen so long as Mortgagor shaA: a) agree in writing to the payment of the obligation secured by ~ such iien in a manner acceptable to Morigagee, b) shaN in good taith contest such Yen by, or de4end enforcement of such lien iri, ' legal proceedings which operate to prevent the e~forcart~t ot the Yen or torfeiture of the Property or any part thereoi, or c) secwre ~ hom the holder of the ien an agreert~t satisfactory to Mortgagee subordnating the ien to this Mortgage. ~ The Mortgagor agrees to keep aN junior iens and encumbrences, H any, in good standing. In the ev~t that faedosure ~ proceedings of any junior fien ot any kind shaY be conrr?enced, the Mortgagee, at Rs aption, mey Mmedietelye dedare this Mortgage and aM sums secured hereby due and payabb forthwith, and rtsay, at its option, proceed to toredose this Mortgage. t t 5. W12ARD fNSl1~tANCE Mortgegor shal keep ihe improverne~ts now existing or hereafter erected on the Property insured against bss by fire, hazards induded within the term 'extended coverage', and such other hazards as Mortgagee may require and in such amounts and for such periods as Morts}egee mey require: provided, thet Mort4agee shaM not requKe that the amount of such caverage exceed that amount of coverage requkeci to pey the sums secured by this Mortgage. The nsurance carrier provideng the insurance shap be chosen by Matgagor subject to approval by Mortgagee provided, that such approval shad not be unreasonably withheFd. Aq premiums on insurance pokcies shaU be paid by Mortgagor making payment, when due, drcectly to the ~surance carrier. Aq insurance policies end renewals thereoi shaA be ~n iorm acceptable to MoAgegee and shaN indude e standard mortgage dause in favor of and in form accepteble to Mortgagee. Mortgagee shaalt have the right to ho4d the poNcies and re~ewals ~ thereof, and Mortgegcx shaN promptly tumish to MoRgagee aN renewel notices and ap receipts of peid premiums. In the eve~t ` Mortgegor does not cornply wiih this covenant, the Mortgagee may place and pay Iar such insurance or any part thereof, without ` waiving or anecting the option to foredose, or any right unde~ this Mortgage, and the tup amount of esch and every payment shaq ~ bP irrxnaiintaJv ciuP nnd cvrvnt~ ~nd shnr h~r inte~est trom the date thereof until peid at the delauR rate as set forth in the note, R ~ _r ~ r-• -y - ~ j 'T ~ : t ~ , l_J ~ , i L,~ U~-~,-',~N.~1V(A~+Y ~iaM,~' • f , . .,.~1 ` ~ 4 a~ . - - - - . , ~ ~ 675 F,~~~ y95 6O~r, - - ~ ,y~~; . ~ ~'~r_.,~„~..~. .r.~