Purchase Money Mortgage

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Prepared by [NAME]

return ℅ {​ ADDRESS}
6 Pages Total 1 Notarized Acknowledgement

Parcel# ​VVVVVVVVVVV
[​ PROPERTY ADDRESS]
Mortgage Amount: $​ 100,000
("one hundred thousand dollars")

THIS INDENTURE​, A PURCHASE-MONEY SINGLE INSTALLMENT


MORTGAGE AGAINST FULL PAYMENT OF ALL SUMS DUE PURSUANT AND
MADE this day of 2020, BETWEEN:

1) [name]
[address]
1​st ​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 1​st ​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]
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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 g​aining 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

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​the unincorporated association of 'All Occupants'
installment sale established herein, and who is established thereby in the
corresponding lien-priority entitlement.
PARTIES the 1​st ​& 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]

TOGETHER with all existing or subsequently erected or affixed buildings,


improvements and all other fixtures; all streets, lanes, alleys, passages and ways; all
easements, rights of way, all liberties and privileges; tenements, hereditaments and
appurtenances thereto belonging or anywise made appurtenant hereafter, and the
reversions and remainders with respect thereto with all rents, issues and profits thereof;
all water, water-rights, watercourses and ditch-rights (including all stock in any utilities
for the property, and any rights thereto) and all other rights, royalties and profits
relating to this real property including without limitation all minerals, oil, gas,
geothermal and similar matters.
With all the appurtenances: ​TO HAVE AND TO HOLD ​the same unto and for
the use and enjoyment of the said party of the 3rd part, their heirs and assigns forever.
SUBJECT TO THE DUE AND IMMEDIATE PAYMENT OF ALL SUMS
CONTEMPLATED​, reserving the same as secured collateral for this PURCHASE
MONEY OBLIGATION. The said parties of the 1st & 2nd, in granting the herein
Purchase Money Mortgage Security, for themselves, their heirs and assigns, executors
and administrators HEREBY COVENANT AND AGREE that they will WARRANT
GENERALLY the property hereby conveyed, with priority to the herein security.
INDEMNITY BOND​: ​THIS INDENTURE, being made to create and secure a
Purchase-Money Mortgage and Security Interest for the ​unlimited value ​of the herein
described property (UNLIMITED DOLLARS or ONE HUNDRED MILLION
DOLLARS, whichever is higher), is given to guarantee payment in full of ​$500,000
(FIVE hundred thousand dollars) plus MAXIMUM LEGAL INTEREST from the date
of this agreement. The full payment is due and owing immediately, on the property
only (“​in rem”​) secured by this Mortgage with all inherent priorities. This Mortgage
Security being created ​already due and immediately owing​, leaves the Purchaser 3rd
party "​property address ​TRUST​" with an exclusive remedy by accepting this
instrument instead of any other process. By taking this Indenture the CREDITOR
requires full satisfaction on the terms of this mortgage and the same is immediately
demanded without further recourse or reservation.
WAIVER OF STATUTORY LIMITS: ​All Parties admit and agree to waive the
time limits to bring an action under the terms of this Purchase Money Priority
Installment Contract. Foreclosure or any other remedy may be enforced at any time
without limitation.
CONFESSION OF JUDGMENT: ​The 1​st ​party, “​RECORD OWNER" confesses
the real property DEBT of all payments owing under this "single installment"
PURCHASE MONEY MORTGAGE CONTRACT. And further WAIVES all NOTICE
or PRESENTMENT and all OPPORTUNITY to contest or otherwise RESPOND to
these claims. The CLEAR and EXPLICIT intention of BOTH these parties 1​st ​& 2​nd ​is to
confess the Secured Party, being Creditor MORTGAGEE "​2ND PARTY TRUST"​, all
power to foreclose on the property by judicial or administrative means with the aim
of establishing senior lien priority and for the protection of all parts interest in this
manner, by law. Party of the 2nd may file action for “Confession of Judgment” at any
time. Party of the 2​nd ​& party of the 1​st ​hereby stipulates to any court process including
service that may aid in the prosecution of the rights under this Contract. This
Mortgage may be defeated only on full payment and performance of all covenant
undertakings.
ACCELERATION ON DEMAND WITHOUT NOTICE Party of the 2nd ​may
proceed without delay or further judgment to an action for ‘Ejectment’ on the strength
of this deed, in order to maintain security of the collateral, at any time without notice.
The ​2nd party TRUST may ‘assemble the security’ and take immediate possession
and hold of the premises on 90 day ‘Notice to Quit’, or sooner by mutual consent.
Both parties acknowledge the PAYMENT, of $21 in silver coin (21 ounces of silver
United States coin) by 2nd part for credit to the 1st part, in immediate
CONSIDERATION for this purchase money security deed.

WITNESS ​the hand and seal​ of the Grantor,


1ST party ​record owner​:

The undersigned acknowledge, understand and accept all the terms and
conditions of this mortgage-deed without reservation.

_______________________________________________________________
Record Owner​ (MORTGAGOR)

(mail tax bills and legal process to)


(trust address)
//s// Record owner a​ s trustee

X________________________________
“​ 2nd PARTY TRUST”

NOTARIZED ACKNOWLEDGEMENT

State of Florida )
) S. S.
County of )

On this, the ​ ​ day of ​ ​, ​ ​ before me the undersigned


officer, personally appeared:
Known to me (or satisfactorily proven) to be the person whose name is
subscribed to the foregoing instrument (​purchase money installment contract​) for parcel#
VVVVVVV ​PROPERTY ADDRESS​; ​and acknowledged that she executed the same ​in
the capacity therein stated (MORTGAGOR) and ​for the purposes therein contained​,
granting the same unto PURCHASE MORTGAGEE ‘​2ND PARTY TRUST’​.

In witness whereof, ​I hereunto set my hand and official seals​.

NOTARY PUBLIC

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