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HomeMy WebLinkAbout1457 . ~ ' ~ ~ lI ~ UCU ~I.AS n'YnN _ . . . EMPLOYEES' r. _ st L~cie . . 1!~ . I' S _ C:~rk nf t'_~ FEDERAL CREDIT UNION ; ~y. _ PO BOX 029124 MIAMI, FLORi~A 33102 MORTGAGE ~ 7 ~ L~ 'Tutal3 ~ ~y~~ CREDITOR SECURED PARTY ~ p 2 z 3 7? CUSTOMER OEE~TOA Thomas J. Ware and Ma~reen C_ W~e., his wife oor~s.ideratim af a Hare Equity maximm line-of-ca~ctit of g ~ 5 000 OO to the undars~gned Customer Debtor~sl ev~denced by a'Note ot th~s date, prov~d~ng for monthly ~nstallmems ot pnnc~pal and interest. w~th the balance on the ~ndebtedness. d not sooner pa~d, d~e and payable on ~ 1/ ~Q f 2035 , and executed ~n con~unct~on wrth th~s Mortgage. and other good and vaiuable c~ns~deranon, the unders~gned h!ortgagor(s) which term shall mclude Customer pebror~s) and other Mortgagor~s), thev heus, executors. adm~n~strators. legal representat~ves, suc~essors and assgns, d any, doe5 hereby mortgage. grant, barga~n, sell, ahen, rem~se, release, convey. and conhrm te the Cred~tor Iwh~ch !erm shall wciude successors and ass~gnsl m fee s~mple, ail the certa~n tract of larsd ot wh~ch the Mortgagor(s1 ~s tarel naw se~zed and possessed. and ~n actual possess~on. srtuated ~n St. LUCZe County, Flonda, descnbed as toliow5 LOT 1, BLOCK 20 OF LAKEWOOD PARK, UNIT N0. 3, ACCORDING TO THE PLAT THEREOF~ AS RECORDED IN PLAT BOOK 10 AT PAGE 63 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA. wh~ch has the address of 8006 Banyan Street Fort Pierce Florida 34951 Street C~ty State Z~p Together w~th ail s±ructures and ~mpro~ements now and hereatter c~n the land and the f~xtures attached hereto. together w~th all and s~rgular and the tenemeNS, hered~taments. easements, ar.d aapurtenances thereunto be~ong~ng or ~n anyw~se apperta~n~ng, a~d the rents. ~ssues and prof~ts thereof. au ;he estate. nght, title, mterest. and aR cla~ms and dema~ds whatsoever, in law and in eqwty, of the Morigagor~s) ~n and to the same, and e~~ery part and parcel thereof, and ai~ hxtures attached to the prem~ses herem descnbed. To have and to hold the same, together wdh the tenements, hered~taments, and appurtenances unto the Creddor, ~n fee simpte. f,~ortgagoi(5? covenanqs) wdh Creddor that Mortgagor~s) Is (are) ~ndefeas~bly seized w~th the absoiute and fee s~mple trtle to the prem~ses here~n descnbed and possess full power to seli. convey, transfer and mortgage same; that the prern~ses hereln descnbed are free from au encumbrances not spec~f~ca~iy descnbed herein betow; that Mortgagor(s) will make such further assurances to protect the fee s~mple Utie to the prem~ses ~n the Cred~tor as may ~ reasonabiy be requ~red; that Mortgagor(s) hereby fulty warrant the title ot the premises and w~ll defenc! the same aga~nst the lawful cia~ms of atl persons ; ~rnatsoever. i Th:s Mortgage is given as securiry for the payment of the loan refered to above and all renewals. future loans, and advances made (consistem w~th paragraph 18 here~n) from the Creditor to the C~stomer Debtor(s) plus mterest and charges thereon, and any d~sbursements made for the payment of ' !axes. assessments, levies or ~nsurance on the property covered by the hen, w~th interest on such d~sbursements at the rate specrf~ed m the ou?stand~ng note secured hereby at the t~me oi such d~sbursemeni, ano the tv{ortgagor(s) agreejsj: ~ To make a!I payments reqwred by the descnbed Note and any renewats, future loans. or nc~tes secured by th~s mortgage. when due 2 UNess appl+cable law prowdes otherw~se, all payments rece+ved by Creditor under the Ivote shail be appi~ed by Cred~tor hrst m payment of ~nterest : payable on the Nate. then to the pnncipal of the Note, and then to the interest and principai on any Future Advances 3 To keep all buitd~ngs situated now or erected hereafter an the descnbed real estate insured agamst loss by tire, bghtning, windstorm and other ha2ards. casualtles and contingenc~es. ~n a sum equal to the amounts secured by th~s Mortgage If the Mortgagor~s) shall not do so. the Cred~tor may do so wlthout wa~ving the opt~on to toreclose, ar+d the cost thereof shall also be secured by this Mortgage. Any amount so paid by the Cred~tor j shalt be due and payaWe on demand. Should bss or damage to the premises occur, Mo?tgagor(s) shaf~ ~mmed~ately noGfy Cred~toc If any sum i becomes payable under such msurance, the Credrtor may apply it to the indebtedness secured by this Mortgage. a may permit the Mortgagor~s) to I use ~t tor other purposes. w~thout ~mpamng the hen of thls Mortgage. . a To pay ariorney's fees (+nctud~ng attorney's tees which may be awarded by an appellate court) and other costs. charges. and expenses reasonably ' ~ncurred by the Cred~ror to enforce m law or equiry any note or agreement secured by thls Mortgage or the terms and provfslons of this Mortgage. 5 It any payment provided for ~n a note secured by this Mortgage ~s not paid when such payment becomes due, or ~f any agreement In this Mortgage ~s breached, the unpa~d balances of all ~ndebtedness secured by thls Mortgage shall become ~mmed~ately due at the option of the Cred+tor. less only such cred~ts and refunds as may then be due Ivlortgagor(s). and the Cred~tor may forecbse th~s Mortgage m the manner prov~ded by law. and have the mortgaged property sold to satisfy or apply on the indebtednes~ hereby secured. 6 The rent and prof~ts of the descr~bed real estate are also hereby mortgaged, and il proceedmgs to foreclose this Mortgage shall De inst~tuted. the ` court havmg ~unsd~c5on thereof shall appolrn a receiver of the mortgaged property. said appointment sha!I be made by the court as a matter of stnct nght to the Credrtor and witheut reference to the adequacy a inadequacy of the value ot the property hareby mortgaged. or to the solvency or ~ ~nsolvency of the Mortgagor(s1. or any other party defendant to the suit. Mortgagor(s) spec~fically waivefs) the nght to object to the appaniment of e such a rece~ver and consent(s) that such apEwintment shall be rtiade as an admiried equity and as a matter of absolute right to the Creditor. , ` ' Any de(ault in the payment ot a Gen or mortgage to which this Mortgage may be subject shau be, at Creddors option, for all purposes cons~dered a t defaui! hereunder. If foreclosure proceed~ngs shoula be ms6tuted agamst the property covered by this Morgage upon any other 6en or cla~m whether ~ alleged to be supenor or ~unior to the I~en oS th~s Mortgage, the Mortgayee may. at ~ts optron, immediately upon mstltutlon oi such suit or dunng the € p2ndancy thereof daclare th,s Mortgage and the ~ndebteGness secured hereby due and payable forthw~th and may at its opt~on proceed to toreclose ~ this Martgage. k ~ 8 Mortgagor(s1 shall pay all taxes. assessments. and lev~es wh~ch may accrus on sa~d real property In defautt thereof. Cred~tor may pay same. w~thout z wa~v~ng the ~pt~on to foreclose. and all sums so expended by Cred+tor shall become par! of the debt secured, w~ih ~nterest. and shall becc~me due ~ and payab!e on demand. ~ 9 Mortgagorls) shall noS waste, negled. or fa:l to properly mair,!am saic+ property. and in the event this agreement is not kept. the Creditor may, at its ~ optron, make such repa~rs or eause the same to be made, and a1l sums so expe~ded by Cresf~tor shall becorne part of the debt secured, wdh mterest. ~ and shall become dup and pa~•able on demand. ~0 Credrtor may make or cause to be made reasonatrie entnes ~pon an~ inspections of the p!operty. prowded that Creditor snall give Mortgagor~s? not~ce pnor to any such ~nspecticns specrty~ng reasonable cause therefore related to Creddors interest ihe property. it Tne proceeds of any award or cla~m tor damages. direct or consequential, m connect~on with any condemnation or other tak~ng of the property, or part thereef, o? for conveya~+ce ~n I~eu of condemnat~on ara hereby assigned and shall be paid to crad~tor as well as the holder ot any pnor encumbrance wh~ch is 5petrfrcally descnbed here~n bek~w. as their inleresls may appear, not to exCeed thE sum o( amount due each. ~2 Extens~o~ ot tRe t~me (or payment or moddrat~on af amort~za6on of the sum secured by thls Mortgage sha11 not operate to ~elease the lia?~fity ot the or~g~nal Mortgagor~s) and their successor m mterest. Cred~tor sh~ll not be reqwred to comrnence oroceedmgs aga~nst such successor or refuse to extend time or payment or otherwise modlfy amortization of the sums secured by this Mortgage by reason ot any demand made by the onginal ~ Mortgagor(s) 3 ~ ~3 Any forebearance by Cred~tor in exerus~r~g any ;~ghts or remedy hereunder shall not be a warver ot or preclude the exeruse o( any such nght or ' remedy. The procurement o! msurance or !he payment o1 taxes or ~ther 6ens or charges by Cred~tor shall not be a wa~ver of Cred~tar's nght to ~ accelerate the matunry of the mdebtedness securec! by ihis Ivlortgage. ~ ~ 14 Alf remed~es prov~ded m th~s Mortgage are d~stmci and cum~iate to any othsr nght cx remedy under th~s Mortgage or atterded by law or eqwry, and ~ may be exerc~sed concurrently. ~ndependenUy or success~vely ~S If, wh~ie th~s Mortgage ~s m default, the real estate shall be abandoned. or evacuated, Creddor, m~ts sole discretion, may take possess~on of the prem~ses, and take such st~ps cred~t~r deems necossary to protect Its mterest. All sums so ezpended by Cred~tor shall become part ot the debt secured. w~!h ~nterest and shall t~c:come due and payable on dernand. 'The use o~ the word Ncte ~n th~s mortgage refers edher to a promissory npte or a 11ne o} c~ed~t agreement. ~ R~'7~ PAGE~~~~ 800K w~ ~ - i F F}. ' ~ +~~~~1~ ar~-_~C _