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HomeMy WebLinkAbout1458 r- ~ ~ . . ~6 11 any or any part ot the property or an ~nterest the~e~n ~s sold or transferred by Mortgagor~s) w~thout Cred~lors pnor wntten co~sent, ezclud~ng (a) the creat~on of a I~en encumbrance subordmate to th~s mortgage. (b) the creat~on ot a purchase rnor~eyr secur~ry mterest tor household a~pp~~ances, (c1 a transter Dy dev~se. dexent, or by operat~on ot law upon the death ot a ~omt tenant a(d) the grant oi any leasehold interest OI three years or less not contairnng an opt~on to purchase. Cred~tor may, at Cred~tor's opt~on, deciare all the sums secured by tMS fviortgage to be immed~ately due and payaWe. Creddor shau have waived such opt~on to accelerate ~t, prior to the sate a transler. Creditw and person to whom the property is to be sold or transferred reach agreement ~n wnUng that ihe credd of such person is sat~siactory M Creddor and that the mterest payaole on the sums secured by th~s Mortgage shau be at such rate as Creddor shau request If Cred~ta has wa~ved the opt~on to acceleraie providecf in th~s paragraph, and ~t Mortgagor(s) successsor ~n ~nterest has oxecuted a written assumption agreement accepted m wnung by Cred~tor, Creditor shall ~elease Mortgagor(s) from a11 obl~gations unde~ Mortgage and Note. 17 Pursuant to the term5 and cond~twns of a Separate wnKen agreement, the Note seCUred by th~s Mortgage may be renewed, and the lien ot this Mortgage shau continus to be a t~en or~ the premises dunng the term o! any Note executed to renew the Note secured by this Mortgage or any renewal of such Note. Creditor, at Creddor's option w~th~n twenty years from the date of this Mortgage, may make fulure advances to Customer-Debtor(s) upon request by Customer-Debtor(s). Such future advances, w~th interest thereon, shall be secured by lhis Mortgage when evidenc,~ed by promissory notes staarng that sa~d notes are secured hereDy. The rotal amount of the indebtedness secured by this Mortgage, not includirx~ sums advanced in accorJance herewith to pratect the security ol this Mortgage, may dacrease a mcrease hom Ume to time, but the total unpaid balance so secured at any vne t~me shall not ezceed the or~gmal amou~t ot the Note plus US 5100.000.00 logether w~th ~nterest thereon, and any and all disbursements made by the Cred~tor for the payment ot taxes, lev~es, a insurance on the premises, w~th interest on such disbursements at the rate sQecitied in the , outstanding Note executed m cor.~unction with this Mortgage, and for reasonable attorney's fees and court costs ir~curred in collection ot any and all { such sums. ~ f S 8 Mortgagor(s) agree that Mortgagor(s) shall not request or accept any tuture advances urxler any mortgage superior to this Mortgage described herein ~ be:ow, w~thout the express wnnen consent of Cred~bc Violat~on of any of the terms and cond~t~ons of th~s paragraph sha11 be considered a dafault under the terms and cond~tions of this Mortgage and the prom~ssory note executed in con~unctlon herewdh. Mortgagor(s) further agree that no agreement shall be made w~th the holder ot any supenor mortgage that in any way shatl modiry, change, atter a ezter.d any oi the terms or conditions ot said mortgage w~thout the express written consent of Creditor. i9. My construct~on k~an agreement belween part~es ot even date herewith is hereby made a parl o! thls Mortgage by reference as tho~gh tulty set forth herein. 20. If this Mortgage is on a unit in a condominium or planned unit develUpme~t, Mortgagor(s) shall perform all oi the Mortgagor(s) obligations under the declaratan or covenants c~eating w governing the condominium or planned unit devebpment, the by-laws and regulations ot the coridominium or planned unit devebpment, and constltuent documents. If a condominium or planned urnt developrttent rider is executed by Mortgagor(s) and recorded together w~th this Mortgage, the convenants and agreements o! such rider shall be mcorporated into and shall amend and supptement the convenants and agreements af this Mortgage as if ihe rider were a part hereot. 2: Except for any notice required under applicabls law to be given in another manner, (a) any not~ce ot Mortgagor(s) obligations provided (w in this Mortgage shall be grven Dy ma~lmg such notice by certrfied mail addressed to Motgagor(s) at the property address a at such other adrlress as Mortgagor(sj may desgnate by notice to Cred~tor as p?ovided herein, and (b) any noUce to Cred~tor shall be given by cert:fied mail, return receipt requested to Cred~tor's address stated herein a to such other address as Creditor may designate by notice to Mortgagor(s) as provided herein. My notice provided fa in this Mortgage shall be deemed to have been given to Mortgagor(s) or Cred~tor when given in the manner designated herein. 22. In the event that any prov~s~on or clause af this Mortgage or the Note confl~cts w~th applicable law, such confl~ct shall not aHect other provisions of this Mo~igage or the Note whlch can be grven effect wlthout the conflicting prov~s~ons, and to this end the pro~sions af the Mortgage and the Note are declared to be severaDie. 23 Mortgagor(s) covenaM they own the Cescnbed real property whlch is sub~ect to the tolbwmg super~or I~en or mortgage, ~f any held by Savings of America and recorded in Book 267 . Page 1635 01 the Public Records of St . Lucie ~~tY~ Fbr~da. Mortgagor(sj agree(s) to fa~thfuily and fulty compy w~th and abide by each and every term, covenant and cond+tion of said s~~perior mortgage, and shall not albw a deiault thereunder. A defauft under the terms and cond~tions of said superior mortgage shall constitute a default under this ' tulortgage, at the opt~on of the Creditoc The Creditor is expressly authorized, at the option of the Creditor, to advarxe aIl sums necessary to keep ~ said supenor mortgage m good stand~rx,~, and alf sums so advanced shall be due and payable to Creditor upon demand. ~ i IN WITNESS WHERE ortgagor(s) h ve executed this Mortgage. 4 G~O i Date of Ex ution: an ~ , t9 / i f ~ (SEAL] w~T ss Thomas J. Ware E E E ~O~/ l~~~ ~ti' C~ . ~~~C;r/UL.~ [SEAL] s w~T E~ Maureen C. Ware ~ ~ STA'~E OF FLORI ' p COUNTY OF i 's I hereby certity thai on this day, before me. a Notary Putrlic duly authorized m the state and county named above to take acknowledgemer.ts, t pe; sonally appeare ~ ~ Thomas J. Ware and Maureen C. Ware his wife ~ € ;•ti i~ ~ : . C J`..r.e~•. ~ Witness my hand and sea! m the county and state named above th~s day of ~ 19• .~f% ~ :b ~ - J ~ L'~T- ~ , _ - ~ My Comm~ss~on Ezp~res: ~ ~LOR'U„ ' ' . ~ i c.v:..,;i~_:_:~ ~ F~B. 5. 15" ' D THRU ~ : ~L1G UNDtH.. NOT PUBUC~$UTE Of - AT ~ 1Pfis~'1ilstrumen`~~iep~ared by: ~ 'j~~~ x .L 3Z~ L~~~ 10 2 2 3 7 7 ~='k?r~~~~~~~ Maril n Ne ron P~~3~ ~ FPL EMFlOvEES _ - ~ ~ FEDERAL CREDlT UNtON ~N ~ P.O. 80X 02si12i ~ MIAMI. FL 331Q2 ~ FILt 1'i~ r~,~ ~ ~ QOUGt.A~ (~~'XGN , ~ Q Sl. LUC~~ ~,(:'1Ni t' vo ~ 60GIf V75 PAGE~~JO ~r ~ ~