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HomeMy WebLinkAbout4370 ~ 1~F~CEfVED i l~ o °~M WIY~t TNIS INSTRUMENT WAS PREPAR~O BV: T~~ ~ JUIIN N. SUTHERLANQ. ATTORNEV ~ ~N CUSS 'C' INTAIrG18lE PFRSpMAI PRpPERry. r4S 1A26 • 20TH STREET, VERO BEACH, FLA. WIRSUANi TO CHA~•r^ ~1_13~ ~TS pF ly~~, 12a~ R~:FR POITRAS ~y' C1ERK C~kCUIi ~R~. J(. lUC1E (;p., Fu THI9 MORT(3A(3E D$ED, made and e:ecuced the 20th oi_ December 19 72 by Nicholas Nl. Limberis hereina[ter called the Mortgsgor, whlch term shal! include tt.e hetra, legal representuUves, succeasors and assigns ot the said 111ortgagor wherever the context so requi~es or admits. to Fred E. Swartz - 1/3rd interest; Harold M. Swartz - 1/3rd interest; and 111a. r~ B. Flannery - 1/3rd interest beseinaiter called the Mortgagee, whlch term shall include the heira, legal representativea, succeasocs and as~igns o! the said biortgagee wheraver the context so require9 or admita. WI'TNESStiTH: That tor divere good and ~ atuable consideraUons, and also in consideraUon of the e~ggre- gate sum named in the promisnory note o! even date herewith hereinafter de~cribed. the eatd Mortgagor does hereby grant, bargain, seli, alien. remise, rele~e, convey and coatirm unto the said Mortgagee, hi~ hetrs, succeasors and asaigna. all the certain piece..._. parceL.._ or tract... o! land, of which the said Mort~agor is now aeized and poa~eased and in aCtual possession, situate in the County oi......._'._._._...._._.._......__ St Lucie __~d State ot Florida~ described as follow~; The SW} of the NE} and the E~ of the SE} of the NW}, all in Section 22, Township 34 South, Range 39 East, St. Lucie County, Florida; Less and excepting canal and road rights of way; ALSO LESS AND EXCEPTING that part of the Southwest Quarter of the NE} of said Section 22 lying East of the following described line: From the NE corner of the SW~} of the NE# of Section 22, Township 34 South, ftange 39 East, run North 89° 19' West along the North line thereof 353 feet, thence South 1° 08' S0" 1h'est 1338.58 feet to a point ranging North 89° 14' 45" West at a distance of 358 feet from the Southeas~ corner of ~aid 5~4~ of NE} of Section 22-34-39. Subject to all easements, restrictions, reservations, dedications and rights-of-ivay of record. This is a purchase money mortgage and represents the balance of the purchase price oi the above described premises . ll7ortgagor covenants and agrees among other covenants to cultivate, fertilize and otherwise keep, care for, and maintain the citrus grove now located on the above- described land in a state of cultivation and fertilization consistent with the condition of the grove existing at this time, and mortgagee may not claim a default for failure ~ to comply with the covenant until the znortgagor shall have failed to correct any such default within thirty (3Q) days after such default shall have been brought to the atten- tion of the mortgagor by the mortgagee . TO AAVE AND TO HOLD the aame, together with all and aingular Lhe tenunenta, hereditaments and s~ purtenances thereunto belonging or in anywise appertaining aad the revenion and revereions, remainder aud , remainders, rents, issue~ and profit~r thereof and also all the eatete, right, title, intereat, property, posaessfoa, claim and demand whatsoever as well in law ea in equity of the aaid Mortgagor in and to the eama +and everq part and parcei thereof unto the aaid Mortgagee. and hia heirs, successora and assigna, in fee simple. Md said Mortgagor, for himself, and his heirs, legal repreaentativea, aucce~ors and a~igns, hereby coven- ants with said Mortgagee, hia heirs, legal repmsentatives, aucceasora aad as9igns. that aaid Morigagor ls inde- feasibly seized oi sa.id land in fee aimple; that the aaid Mortgagor hsa full power and lawfnl right to convey the ~ame in fee simple as aforessid; that it shall be lawful for said Mortgagee. his heirs, legal representaUvea, aucr ces~or~ and assign~, et all tlmes peaceably and quletly to enter upon, hold, occupy and en~oy aaid land and ever~ part thereot; that a8id )and ia free from all incumbrancea; that aaid Mortgagor, his heirs, legal npreaentattves~ - successors and assigns, will make ~uch further assurancea to perfect the fee aimple tltle to aafd land in safd Mortgagee, his helrs, legal representatives, succeasors and assigris, as tnay rea~onably pe required; and that said Mortgagor doea hereby futly warrant the tltle to satd 1Md and every part thareot and wW detend the aame sgairwt thf law~ful claims of all persons whomsoever. PROVIDED ALWAYS, That tf said Mortgagor ahall pay ttnto the satd Hortgage~ the certafa pramlasor~ note, of whlch the following !n words aad !lgurea 1s a true copy, to-wit: aoc~ 2~9 ~c~i~ _ ~ . _ _ . _ _ ~ . _ .Y.