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HomeMy WebLinkAbout1940 Rudd, S. A.MVKIhAUL utk:L), TO OORPORATION DREW'S FORM R. E. 350M manufactured and for sale by The H. & W. B. Dr", Company FROM INDIVIDUAL Jacksonville, Morlda IWIA S a L d7 Executed the P 4k day of April A. D. 19 40, by S A. Rudd and Melva Rudd, his wife, of Indian River County, State of Florida , part i e s of the first 1 part, hereinafter called the Mortgagor s , to City of Sebastian municipal ahorporation existing under the laws of the State of Florida , party of the second part, hereinafter called the Mortgagee. MnUSA, That for divers good and valuable considerations, and also in consideration of i the aggregate sum named in the promissory note s of even date herewith, hereinafter described, the said Mortgagor s do grant, bargain, sell, alien, remise, release, convey and con- firm unto the said Mortgagee, its successors and assigns, in fee simple, all the certain tract of land, of which the said Mortgagor s , are now seized and possessed, and in actual posses- sion, situate in Indian River County, State of Florida, described as follows: Begin at a point which is North eighty three degrees two minutes west one hundred two and two - tenths feet from a nail in the root of a pine tree on Fleming Grant South forty five degrees'East 1701.8 feet from the Lemon Street corner by the F. E. Engler survey of March 1925, run thence South 83 degrees two minutes west 298.5 to the east side of the old Dixie Highway, thence south 28 degrees 13 minutes East 325 feet along the East side of the old Dixie Highway, thence north 49 degrees 33 minutes east 280 feet more or less, parallel with the south line of the Futch property, to the west line of pace property, thence north 23 degrees 33 minutes west 155 feet to point of beginning. TO HaUt and fO HOW the same, together with the tenements, hereditaments and appurte- nances, unto the said Mortgagee, and its successors and assigns, in fee simple. nd the said Mortgagors , for themselve sand their heirs, legal representatives and assigns, do covenant with said Mortgagee, its successors, legal representatives and as- signs, that said Mortgagor s are indefeasibly seized of said land in fee simple; that said Mortgagor s, have full power and lawful right to convey said land in fee simple as a f ore - said; that it shall be lawful for said Mortgagee, its successors, legal representatives and assigns at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land; that said land is free from all incumbrances, that said Mortgagor s , thei r heirs and legal representatives, will make such further assurances to perfect the fee simple title to said land in said Mortgagee, its successors, legal representatives and assigns, as may reasonably be required; and that said Mort- gagors , do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PrOUided R[WaYS, that if said Mortgagor s their heirs, legal representatives or as- signs, shall pay unto the said Mortgagee, its successors, legal representatives or assigns, the certain promissory note s , of which the following in words and figures, are true copies , to -wit: and shall perform, comply with and abide by each and every the stipulations, agreements, condi- tions and covenants of said promissory note s and of this deed, then this deed and the estate hereby created shall cease and be null and void. {Ad the said Mortgagor s. for themselves and their heirs, legal representatives and assigns, hereby covenant and agree 1. To pay all and singular the principal and interest and other sums of money payable by virtue of said promissory note s and this deed, or either, promptly on the days respectively the same severally come due. 2. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encum- brances of every nature on said described property, each and every, and if the same be not promptly paid the said Mortgagee, its successors, legal representatives or assigns, may at any time pay the same without waiving or affecting the option to foreclose or any right hereunder, and every pay- ment so made shall bear interest from the date thereof at the rate of six per cent. per annum. 3. To pay all and singular the costs, charges and expenses, including lawyer's fees, reasonably incurred or paid at any time by said Mortgagee, its successors, legal representatives or assigns, be- cause of the failure on the part of the said Mortgagor s , the i r heirs, legal representatives or assigns, to perform, comply with and abide by each and every the stipulations, agreements, condi- tions and covenants of said promissory note B and this deed, or either, and every such payment shall bear interest from date at the rate of six per cent. per annum. 4. To keep the buildings now or hereafter on said land insured in a sum not less than Two Hundred Forty Dollars, in a company.or companies to be approved by said Mortgagee, and the policy or policies held by and payable to said Mortgagee, its successors, legal representatives or assigns; and in the event any sum of money becomes payable under such policy or policies, the Mortgagee, its successors, legal representatives or assigns, shall have the option to re- ceive and apply the same on account of the indebtedness hereby secured or to permit the Mortga- gor s to receive and use it, or any part thereof, for other purposes, without thereby waiving or impairing any equity, lien or right under or by virtue of this mortgage, and may place and pay for such insurance or any part thereof without waiving or affecting j'ecting the option to foreclose or any right hereunder, and each and every such payment shall bear interest from date' at the rate of six per cent. per annum. 5. To permit, commit or suffer no waste, impairment or deterioration of said property or any part thereof. 6. To perform, comply with and abide by each and every the stipulations, agreements, condi- tions and covenants in said promissory note s and in this deed set forth. 7. If any of said sums of money herein referred to be not promptly and fully paid within ten days next after the same severally become due and payable, or if each and every the stipulations, agreements, conditions and covenants of said promissory note s and this deed, or either, are not duly performed, complied with and abided by, the said aggregate sum mentioned in said promissory note s shall become due and payable forthwith or thereafter at the option of the Mortgagee, its successors, legal representatives or assigns, as fully and completely as if the said aggregate sum of Two Hundred Forty - dollars was originally stipulated to be paid on such day, anything in said promissory note s or herein to the contrary notwithstanding. In the said Mortgagor s have hereunto set their hand s and seal s the day and year first above written. Signed sealed T!K nd delivered in the presence of: -- ------ - - - --- i - -- - -- -- - - - -- -- -- - i State of Florida fouaty' of Ind an River I, an officer authorized to take acknowledgments of deeds according to the laws of the State of Florida, duly qualified and acting, Jifffby fertlfy that S. A. Rudd and Melva Rudd, his wife, to me personally known, this day personally appeared and acknowledged before me that they executed the foregoing mortgage, and -1 fUrth9r certify, that I know the said persons , mak- ing said acknowledgment to be the individual S. described in and who executed the said mortgage. And -further -further fer fy, that said Melva Rudd is known to me to be the wi f e of said S. A. Rudd and that she this day personally appeared and acknowledged before me, separately and apart from her husband, that she executed the said mortgage freely and voluntarily, and without compulsion, constraint, appre- hension or fear of or from her husband, for the purpose of relinquishing and conveying all her right, title and interest in the property t#ierein described, whether of dower or separate estate. -in bifiless thereof, I hereunto set my hand and official seal at Sebastian said County and State, this ��® day of April , A. D. 9 40 Notary Public, 6tate of Florida at '.^`'_ ^_'�— "---- -...,f r < °z�.n.'�°avnaw :.Tw+ca�,�pA— r1??.4}�x�as� Q 1 M•. R P A o b n .. 0 0 0. 0 • a: III O M O 3 In to c� j ni • �• ' P� (D ,may, � Gy/'• (0 �R., '•i. � � A co aka o, o co Co 0 0 0. 0 • a: III O M O 3 In to c� j Vero Beach, Florida_,Apl?j -° " , 193 - ?E:fore tbrze Years ne after date, I, we or either of us promise to pay to the order of City of acbastian, I -municipal corporp'ti©n Biglft and no /100 ..» — — o — — — ,w DOLLARS for value received, payable at Offi