MORTGAGE TO W.H. WOLFE - JOHN R. DAVEY ETAL RESUB OF EARLL MUMFORD ROSS AND STARRS SUB IN CLEARWATER HARBOR
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JlORTGAGE
THIS MCJJlftAGK DEED Executed the II %y o~ ~~~t..J
A. D. 193~ by Clearwater Ohamber of Commerce, a non-profit cor-
poration organized and eXisting under the laws of the State of
Plor1da and having its principal place of business at Clearwater,
P~1I8'lias County, Florida, l'arty oftibe first part, hereinafter
called the Mortgagor, to W. H.W01fe, of the County of Pinellas,
State of Florida, party of the second part, hereinatter called the
Mortgagee,
WITNESSETH That tor divers good and valuable considerations,
and also in consideration of the aggregate sum named in the promis-
sory notes of even date herewith, hereinafter described, the said
Mortgagor doth grant, bargain, sell, alien, remise, release, con-
vey and confirm unto the said Mortgagee, his heirs and assigns, in
fee simple, all that certain tract of land, of which the said
J(orts.eor isnow seized. -..d p.sseased, and in actual possession,
situate in Pinellas Oounty, State of Florida, des-cribed"-ar-fo1101f8T
to-wit:
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That part of Lots Fiye (5) and Six (6l in Block wBn of
John R. Daver et a1 r8subd1vision of Earll, Kumford,
Ross & Starr s Subdivision in Clearwater Harbor-, accord-
ing to the plat of said reaubdivision as recorded in
plat book one (1), page eighty-seven (87), public records
of Hillsborough County, Florida, to-wit:
Beginning at the northeast corner of said Lot Five (5),
and running thence west along the northern boundary of
said Lot Five (5) to a point which is eleven (11) 'feet
two and one-eighth (2-11S), inches west 'of the northeast
corner of said Lot Five (5), for a point of beginning,
thence west along the northern boundary of said Lot Five
(5) and Six (6) to a point which is five (5) feet ,ight
and one-eighth (8-1/S) inches west of , the northwest corner
ot said Lot Six (6), thence southerly to a point in the' ,
sO\lth boundarY.of ~ai_d Lo:t.'Six (6) which point is eight (8)
feet e~'(~J",;ya~At';I,,:r:;.l!.jt.of',t~ sO'Q.t.bwest co:rn.r of said
Lot Five (5) l.,tnence ru~r:'elu.'t~;:d.gtne ..'Uth bcnuad.&rJ' of
said lot Six (6) and said Lot Pive (5) to a point in the
south boundary of said Lot Five (5) ~ which point is fOllrteen
(14) feet two inches (2") west of the southeast corner of
said Lot Five (5), thence northerly to 1Depoint of beginning.
It is agreed and understood that this mortgage also
covers the fixtures, grill and marble work, vault and vault doors,
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but not the bu~i1ar alaN. and that none of the same shall be
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removed without the written consent of the mortgagee, or his
assigns, the mortsagor having the right to dispose of any of said
equipment or fixtures provided the full sum received therefor is
to be paid upon the principal or interest of this mortgage as the
mortgagor may direct. The above clause shall not have the effect
of the mortgager's belngunable to remodel or alter the building
as may be desired, provided none of the equipment or fixtures
above described shall be actually removed from the p:' emises
except upon the conditions outlined above.
TO HAVE AND TO HOLD the same, together with the tenements,
hereditaments and appurtenances, unto the said Mortgagee and his
heirs and assigns in fee simple.
And said Mortgagor, for itself and its successors, legal
representatives and assigns, doth covenant with said mortgagee,
his heirs, legal representatives and assigns, that said Mortiagor
is indefeasibly seized of said land in fee simple; that the said
.Mortgagor hath full power and lawful right to convey said land in
fee simple as aforesaid; that said land is free from all encumbrances,
except as hereinafter set forth; and that said mortgagor doth hereby
fully warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
PROVIDED ALWAYS that if the said mortgagor, its successors,
legal representatives or assigns, shall pay unto the said Mortgagee,
his heirs, legal representatives or assigns, seven certain promissory
notes of even date herewith, six of same being in the amount of
one thousand dollars ($1000.00) eaCh, and the last being in the
amount of five hundred <$500.00) Dollars, each note bearing interest
at the rate of six, (6) per c.,nt per annum, payable quarterly, and
the said notes being numbered one through seven, each of said notes
having attached thereto and cancelled the proper amount of state
revenue stamps, each of said notes being payable to the order of
W. H. Wolfe at the First National Bank of Clearwater, Florida, and
signed by Clearwater Chamber of Commerce, and shall perform, comply
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with and abide by each and every the stipulations, agreements, con-
ditions and covenants of said promissory notes, and of this deed, then
this deed and the estate hereby created shall cease and be null and void.
And the said Mortgagor, for itself and its successors, legal
representatives and assigns, hereby covenants and agrees:
1. To pay all and singular the principal and interest and
. ""<<'ther 8\1IDS of money payable by virtu. of said promissoJl'Y Dotes and this
deed, or either, pr~ptly on the days respectively the same became due.
2. To pay all and singular the taxes, assessments, levies,
liabilities, Obligations, encambrances of every nature on the said des-
,~ cribed property each and every and when the same become due, except that
it is understood that the state and county taxes for the years 1930,
1931 and 1934 are not paid on the above described property, the mortgamor
herein assumes to pay the same, but it is understood that the non-pay-
ment of said 1930, 1931 and 1934 state and county taxes shall not in
anywise accelerate this mortgage. The mortgagee, or his assigns, at
any time after the 1st day of July, A. D. 1935, may pay the said 1930,
1931 and 1934 state and County taxes in the event the saId. mortgagor, or
its assigns, has ,not paid or redeemed the said 1930, 1931 and 1934 state
and county taxes without waiving or affecting the option to foreclose,
or any right hereunder, for other reasons. In the event the mortgagee,
or his assigns, does pay the said 1930, 1931 and 1934 state and county
taxes after the date aforesaid, it is agreed and understood that the
sum expended for the said taxes will be added to the ammunt due and
owing under this mortgage, and it is also understood that this additional
sum so expended for the said taxes by the mortgagee, if and when expended,
shall, from the date of its expenditure, bear interest at the rate of
eight per cent per annum, payable quarterly, and the mortgagor will
execute a note for the' said e~enditur$, which sald note shall also be
secured by this mortgage; and in the event of the failure of the execution
of said note in the event of payment by the mortgagee or his assigns of
the above described taxes, then, without the execution of the note repre-
senting said sum, this additional expenditure shall be secured by this
mortgage.
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sentatives or assigns, as fully and completely as if the said aggregate
sum of $6,500.00 was originally stipulated to be paid on such day,
anything in said promissory notes or herein to the contrary notwithstand-
ing.
IN W rrNESS WHEREOF the said party of the first part has caused
these presents to be signed in its name by its President, and its
7 ,<,,~rporate seal to be aft'lNed, attested by its Secretary, the day and
year first above written.
CLEARWATER CHAMBER OF COMMERCE
By ~~-~
Signed, sealed and deli vered in
o presence:
STATE OF FLORIDA.
COUNTY OF P!NELLAS.
I, an officer authorized to take aCknowledgments of deeds
according to the laws of the State of Florida, duly qualified and
acting, HEREBY CERTIFY that -n.B, ~ and '8'~ ;;IDO
respectively, as President and Secretary respectively of7the Clear-
water Chamber of Commerce, each to me personally known, this day ac-
knowledged before me that they executed the foregoing mortgage as
such officers of said corporation, and that they affixed thereto
the official seal of said corporation; and I FURTHER CERTIFY that
I know the said persons,making said acknowledgments to be the in-
dividuals described in and who executed the said mortgage.
<.IN W l'l'NESS WHEREOF I hereunto set my hand and offic ial seal
..tJ7!~~~~";.:il~d county and state, this LLday of l2L/"~k , A.D.193.!..
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B6~~~e of Fla. at Large.
My C~~i~ion expires:
BLE.D ~ 11-/'l.A.fAT/~~ TH~ BOOK
,'tOTED NiOVE. K. B. O'QUtNN, CLiRK OF THt.
CtRCUlr CVURT, PtNEU.AS CO., FLOIItOA.