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Purchase Money Mortgage
Purchase Money Mortgage
Purchase Money Mortgage
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6 Pages Total 1 Notarized Acknowledgement
Parcel# VVVVVVVVVVV
[ PROPERTY ADDRESS]
Mortgage Amount: $ 100,000
("one hundred thousand dollars")
1) [name]
[address]
1st Party MORTGAGOR and Record Owner,
a natural born woman
&
2) [name of 2ND party] TRUST,
[address] 2 nd Party Purchase Money
MORTGAGEE
a private business trust/partnership
Purchase money mortgage defined - proceeds of the loan are used to acquire
real estate or to construct improvements on real estate. § 7.2(a), Restatement
(Third) of Property; Mortgages (2008). The purchase and conveyance of real
property occur simultaneously and are given as security for a purchase money
mortgage. (a) Purchase money mortgages - priority over all prior claims or liens
that attach to the property through the mortgagor, even if the latter be prior in
time. BancFlorida v. Hayward, 689 So. 2d 1052, 1054 (Fla. 1997); Sarmiento v.
Stockton, Whatley, Davin & Co., 399 So. 2d 1057, 1058 (Fla. 3d DCA 1981).
Traditionally, a purchase money mortgage was a mortgage given by the purchaser
of real property directly to the seller to secure some or all of the purchase price. 1
Paul C. Gibson, Florida Real Estate Transactions § 4:01 (1996).
WITNESSETH, that the above 1st party Mortgagor respectively, in
consideration of a real property purchase price for ONE HUNDRED THOUSAND
DOLLARS ($100,000), lawful gold or silver money of the United States of America,
well and truly secured to party of the 2nd Mortgagee (Purchase Money Installment
Creditor) and for other substantial considerations; secured by this purchase money
instrument, a vendor or seller’s MORTGAGE FOR the PURCHASE MONEY OF
REAL ESTATE, pursuant and under Florida precedent case law, noting the "priority
of purchase money liens on real property" above.
AND DOES thereby grant, bargain, convey, transfer, assign, and give in
"purchase money security" unto the party of the 2nd (“the Purchase Creditor” or
MORTGAGEE) their heirs and assigns; every and all the 1st Party Mortgagor (and
Record Owner) right, title, and interest; occupancy, use, possession and seisen;
equity, claim and demand; as security for this REAL ESTATE SINGLE
INSTALLMENT CONTRACT, being a "TRADITIONAL SELLER'S MORTGAGE”.
DUE AND PAYABLE ON DEMAND in the amount stated by this single
installment contract and purchase-money mortgage contract, established to guarantee
the purchase price of “$100,000 lawful money” payable to Grantor the 1st part
(NAME) for purchase money secured credit to the 2nd part "NAME" on the private
conveyance of his property at the below description to the [PROPERTY ADDRESS]
1
INDENTURE TRUST who is a 3rd party to the mortgage instrument and a
beneficiary of the arrangement as real purchaser. Satisfaction is pending at the date of
this Indenture, less $21 payment in silver coin of the United States of America.
All parties consent, agree, and stipulate thereto. ALL parties now admit and
COVENANT the legal owner of the property within the mortgage priorities found at
BancFlorida v. Hayward, 689 So. 2d 1052, 1054 (Fla. 1997) & Sarmiento v. Stockton,
Whatley, Davin & Co., 399 So. 2d 1057, 1058 (Fla. 3d DCA 1981) at the time of this
Indenture going forward is the “2ND PARTY TRUST”, who has acquired these rights
from “NAME” as "real owner" for Specific County parcel# VVVVVVVVV [property
address], and gaining thereon full right to foreclose this mortgage on demand and
without notice; see the “Confession of Judgment” following.
Payment is now due and owing against the aforesaid premises in the amount
of the said $100,000 plus 20% annual interest in exchange for the consideration offered
and received. The record owner now being “NAME” (a natural born woman) and all
assigns and heirs thereto; who is hereby granting and conveying the entirety of the
real property unto the 2ND PARTY TRUST as holder-in-due-course and the real
party of interest, by provision of the purchasing money or credit for the single
1
the unincorporated association of 'All Occupants'
installment sale established herein, and who is established thereby in the
corresponding lien-priority entitlement.
PARTIES the 1st & 2nd are nominated for the benefit of 3rd Party "3886 Creek
Bed Cir, Saint Cloud, FL 34769 INDENTURE TRUST” in this transaction here,
undertaking to establish more precisely this relationship, in the spirit of agreement
and cooperation. The 2nd Party is entitled to foreclose as holder of this Purchase
Money ‘Single Installment Contract’ with confession of judgment consented herein; in
the amount of $100,000 gold or silver money of the United States of America plus
"20% interest per annum plus costs."
RESERVING to the same the KC SUNSHINE FUND SINGLE
ASSET-BACKED SERIES 2014 TRUST: all use, occupancy, possession and every
other power, right, title and disposition in and to the following described real
property, pending satisfaction of all claims due herein as full and complete security
against this Indemnity Bond & Purchase-Money Sales Price requirement. ("$100,000
plus 20% interest per annum") AND subject at all times to the terms of this Seller’s
Land Contract, being purchase mortgaged for the immediate possession of the 3rd
PARTY "3886 Creek Bed Circle INDENTURE TRUST ", as described above. The
purpose of this Contract is to SECURE the rights of the “2nd party TRUST” as
purchase money mortgagee over the entire property and it’s appurtenance in priority
to all other claims at law or by statute.
TO HAVE AND TO HOLD, taking full and unmitigated title to the herein
premises; in lieu of foreclosure under the concurrent Security Agreement filed for
UCC record at other locations. This is a Purchase Money Mortgage for $100,000 gold
or silver United States money payable to the Real Owner “NAME”; secured for the
same amount plus 20% annual interest to the order of 2nd Party "2nd PARTY
TRUST" after conveyance of the premises to the 3rd party address TRUST.
LEGAL DESCRIPTION
[HERE]
The undersigned acknowledge, understand and accept all the terms and
conditions of this mortgage-deed without reservation.
_______________________________________________________________
Record Owner (MORTGAGOR)
X________________________________
“ 2nd PARTY TRUST”
NOTARIZED ACKNOWLEDGEMENT
State of Florida )
) S. S.
County of )
NOTARY PUBLIC