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Home My WebLink About0900 : ~ ~,Y MICMAEI A. RUBtN. Attornty „ , 0~ THE ~J1W OFf1Cf.8 OR ~ 25Q53~ OOURSHON i COUR8NON MORTGAGE eo1?a~r•F~ sv«t. M?.~"~ e~`. ~ THIS MORTGAGE iNDENTURE, fxecuted th+s ~'t'~ dcY oF ~1~'rl`IN~''' A.D., 19 72 , br (Nan~ ond add~ess): WALTSR KASSUBA REALTY CORPORATION t effhrEsw+~r-o~------------------------------~Stat~~r9~9-------,-------------. herei~after called ths Morpogor, which term os used .in every insronce shall include the or's hein, sxecutors, cdminishaton, succsssors, Ipol rep?essotatives and ouiqn:, sithar voluntory by act of the pa?ties w involu~rory br operation of law ond shoil denote th~ ~ie- gulw and/or Qlurol, and ihs rnastulins cnd/or feminine nnd noturol and/or artificial pe~w~+s, wheoever and whersver the tonMxt so r~quires or odmib, parties of the first party, dnd (Nome and addra~: JACK R. C04)RSHON, as Nomiaee of the Trustees of FIRST MORTGAGS INVESTORS, a Massachusetts Business Trust, with power to satisfy, discharge, release, foreclose, assiqn and/or trans- fer the within Mortgaqe., and to execute deeds of conveyance and deed restrictions, and to desiqnate a substitute nominee in his~stead. hereinafter colled the Mortgogee, which terro as used in every instonce shall include me AM~ogee's succeswrs, legol rspresenta- tives, and auig~s, includi~p oll subsequent assignees, either voluntary w by act of the parlies or involu~fary by operation of law. WITN.ESSETH: THAT for divers good and valuoble consideradons, ond to secure the payment of the aggregote wm of money nomed in the promissory oote of eve~ date herewith, herei~after mentioned, together with interesi thereon or so much thereof os moy be advunced, ond ali other sums of money secured hereby as hereinafte~ provided, the Mortgagor does grant, baryain, sell, alien, remise, release, convey and confirm unto the Mortgagee, in fee simple, the following described reai estote, of which the Mo~t- gogor is now seized.and pouessed, and in actual possession, situote in the Cou~tp of St. LuCie Stote of Florida , legally desuibed os fotlow:: SEE EXHIBIT "A" ATTAC~D HERETO AND SPECIFICALLY MADB A PART HEREOF FOR LEGAL DESCRIPTION. _ ..,yd~ ~,D RECEIYED ~ 1 IH PAYMENT OF tl1l~S 'C' IN7ANGIBLE PfZ~Q:f4l P~9+'ER~Y. p~j~E~1Nf TO CW~~ 71-134. 11CiS Oi 1J~1.~ ~ t R06ER POITpI~ GFlMI CMaIfT CAIWT' ~i. 1JlCIE 00+ ~ TOGETHER WITH the following propertp and rights (the Premises, together with such properry ood rights, being hereinafter cotledively called "Morrgaged Property" or "propert~~: (o) oll right, fide ond interest of Mortgngor ie and to the land Iring in the bed of onr street, road or aven~e, opened or proposed, in front of or adjoining the Premises, ond in and to the appurtenances the~eto: (b) all rtwchinery, apparatus, equipment, fittings, fixtures and arlicles of personol property of erery kind ond noture what- soever, now or hereofter {ocated in said building or upon the Premises, or any part thereof, and used or usable in connection with any present or future xcupancy of soid building and now owned or hereafter acquired by Mortgagor (hereinafier called Building Equipment) including, but without limiting the generalit~r of the foregoing, all heating, (ighting, laundry, incineroting and power equipment, engines, pipes, pumps, tanks, motots, conduits, switchboards, plumbing, likeng, cleoni~g, fire prevention, fire extin- guishing, ~efrigeroting, ventilating, and . communitations opporotus, oir cooling and air condifioning apporatus, elevators, escala- tors, shades, awnings, screens, storm doors and windows, stoves, wall beds, refr'~gerators, attached cabinets, portitions, ducts aod compressors; it being understood and agreed thot all Building _Equipment is port and parcel of the Premises and eppropriated fo ~ the use thereof ond, whether ofi`ixed or an~exed to the Premises or not, shol! for 1he pu~pose of this Mortgoge be deemed con- ~ dusively to be raol estote ond mortgoged hereby; and Mortgagor agrees to execute ond deliver, from time to time, wch further ~ inshuments os moy be requested by Mortgagee to confirm the paramount and superior first lien of this Mortgage on any Buitding ( Equipment; ond ~ (c) anr and all awards or payments, including inferest thereon, ond the right to receire the same, whith may be nwde with respect to the Premises as a result of the exercise of the right of eminent domain, the alterafion of the grode of anr street, any other injury to or decrease in the vulue of the Premises, or proceeds of insurance owa~ds, to the extent of oll amounts which may ~ be secured by this Mortgage at the dote of receipt of anr such aword or payment br Nbrtgagee, and of the reasonable ottorne~?s' fees, costs and disbunements incurred by Mortgagee in connection with the collection of such award or payment; and Mortgagor ~ agrees to execute and deliver, from time to time, such further inshumerits as may be requested by Mortgagee to confirnn such ossignment to Mortgagee of any such award or payment. ~ (d) all leases of the Premises now and hereafter entered into and all ~ight, title and interest of the Mortgagor thereunder, g including, without limitation, cash or securities deposited thereunder to secure performance by the leuees of their obligations there- ~ under, wF+etF~er such co:h or securi6es ore to be held un61 the expirotion of the terms of such leases or applied ro one or more of ~ the irtstallments of ?ent coming due immediotely prior to the expiration of such terms, including, furthe?, the right upon the hap- pening of an Event of Default, ro receive and collect the rents thereunder. ~ TO HAVE AND TO HOLD the above dexribed propert~? unro the Mortgagee, its wccesson and ouigns forever. ~ The l~Aertgegor hereby covenants with the Mortgagee that the Nbrtgagor is indefeasibly seized with the absolufe and fee ' simple fide to said properfp, and has full power and lowful authority to sefl, conve~?, hansfer and mortgage the some; that it sholl ; be Iawful at anr time hereafter for the Mortgegee to peaceablr and quietly entar upon, hore, hold, and enjoy said property, end A every part thereof; that this mortgage is and wiU remoin a valid and enforceable fint lien on the mortgaged prope?ry; thot wid ~ property is free and discharged from all (iens, encumbrances, and claims of any kind, including taxes and ossessments; and that the Mortgagor hereby fu11~r wanants u~to the Mortgagee the titk to soid propert~? and wil! defend the same ogoinst the lawful ~ claims and demends of afl persons whomsoever. g NOW, THEREfORE, the condi6on of this mortgage is such that if the Mortgagor shall well and truly pay unto the Mort- ~ gogee, the indebtedneu evidenced br that terlain promissory note (herein sometimes colled "Note" o? "Mortgogee note'~. of even ? dote herewith, made by the Mortgagor and payable to the Mortgagee in the principa) sum of s 900, 000. 00----------- ~ together with interest as t!?erein stated, and shall pesform, comply with ond abide by eoch ond every of the stipulotions, agree- ~ ments, conditions ond covenants contained and set forth in this mwtgoge and in the pranissory note secu~ed he~ebr, thsn this ~ morqaye ond the estate he?ebr ueated si~all ceose and bs null ond roid. FORM /P-~T•66 f. ~ ~ z~z ~ s~ BGGK _ , - j ~ ~.-:<M ~ - r ~ _ s - -