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Home My WebLink About1714 ~ F ' ~ ~ MICHAEI A. RU61N. Attornay "7'~i • OF THE LAW OFfICES OF '~v~~3v I 25QS39 GOURSHON 8 COURSHON MORTGAGE e01 Faty•F~t suNt~ Mismi eesch. Fls. L THIS MORTGAGE INDENTWtE, executad this day of ~1~~' I?.~., 19 72 . br (Ncm~ ond cddress): ~LTER KASSUBA REALTY CORPORATION ef~li~e-~'esrM~?-oF------------------------------.-Swt~.of.------=----------------_. he~einafter talled the ' Mortgagor, which te~m as used in every instonce sholi ioclude the Monqagor's hein, executo?s, odministratan, successors, Ispal represe~tatives and auigns, eit~e~ voluntory by act of the parties or involunrory by operation of low and shall denote the tin- gulor a~d/o? plurol, ond the masculine cnd/or feminine ond naturol a~d/o? artifiaol penons, whe~ever ond wherever the context so requires or cdmib, poirties of the fi~st parry, and (Nome and address~: JACK R. COURSHON~ as Nominee of the Trustees of FIRST MORTGAGE INVES~RS, a Massachusetts Business Trust, with power to satisfy, discharqe, release, foreclose, assign and/or trans- fer the within Mortqaqe, and to execute deeds of conveyance and deed restrictions, and to desiqnate a substitute na~ainee in his stead. hereinafter colled the Mortgagec, which term as used in every instance shall include rne Mortgogee's successon, legal ~epresenta- tives, cnd assigns, inttuding all subsequent auignees, either voluntory or by att of the pa~ties or i~voluntary by operation of Iaw. - WITNESSETH: THAT for divers good and valuable conside?ations, ond to secure the payment of the aggregate w+n of moner nomed in the - ~ promissory ~ote of even dote herewith, hereinoker mentioned, together with interest thereon or so much thereof as mar be advanced, and cll othe~ sums of money secured hereby os he~einaher provided, the Mortgdgor does grant, bc~goin, sell, alien, remise, releose, convey and coofirm unto the Mortgagee, in Fes simple, the following desc~bed real estate, of which the Mort- gagor is now seited and possessed, and in octual possession, situote in the Counly of St. LuCie State of Florida , ~ega~~y dex?ibed as follows: SEE BXHIBIT "A" ATTACHED HERETO AND SPECIFICALLY MAAE A PART HEREOF FOR LEGAL DESCRIPTION. ~ } THIS MORTGAGE IS BEING RE-RECORDED TO CORRECT ~g'~. ~H PAYMEHt ~ T~ ERROR IN PRINCIPAL AMOiJNT SEC[1RED ~REBY. R~~;,,r I,y7~~GIBCE Pf2~:e41 D`tWERiY~ - - D'J~ Oti ~S OF l~'A. pU~111T TO Ct~NP1ER J1-134, rj.j~ t~ 3 Documentary Stsmps affixed to Note and Class C Q Intangible Tax duly paid. aE1~ CIRqlR ~i~ ~ ~ TOGETHER WITH the following propertr cnd rights (the Premises, together with such prope?ty and rights, being hereinofter coNec6vely colled "Mortgaged Propcrty" or "propert~/'j: ~ (a) al) right, title and interest of Mortgagor in and to the land lying in the bed of any street, road or uvenue, opened or - proposed, in front of or adjoining the Premises, and in and to the appurtenances the~ero: ~ (b) all machinpry, apparatus, equipment, fittings, fixtures and articles of persona) property of every kind ond nature what- soever, now or hereaher 1«ated irt said building or upon the Premises, or ony part thereof, ond used or uwble in connection with any p?esent or future occupancy of said building and now owned or hereafter acquired by Mortgagor (hereinafter colled Building Equipment) including, but without limiting the generality of the foregoing, otl heating, lighting, laundry, incinerating and power equipinent, engines, pipes, pumps, funks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extin- guishing, refrigerating, rentilating, ond communications apparatus, air cooling and air condi6onin~ apparatus, elevotors, estalo- tors, shades, ownings, xreens, storm doors ond windows, stoves, wall beds, refrigerators, attached cabinets, partitions, dutts and compreuors; it being understood ond agreed that olt Building Equipment is pctrt and parcel of the Premises and oppropriated to the use thereof ond, whether afl'ixed or annexed to the Premises or not, shall for the purpose of this Mortgage be deemed con- clusivelr to be ree) estate ond mortgaged herebr; and Mortgagor agrees to execute and deliver, from time to time, such further instruments as may be requested by Mortgagee to confirm the paramount and superior first lien of this Mortgage on any 8uilding Equipment; and (c) any ond ol( awards or poyments, including interest thereon, and the r;ght to receive the some, which may be made ' with respect to the Premises as o rewlt of the exerase of the right of eminent domain, the alteration of the grade of any street, any ; other injury to or decrease in the value of the Premises, or proceeds of insurance awards, to the extent of oil omounts which mar I be secured by this Mortgage at the date of receipt of any such awerd or.payment by Nbrtgugee, and of the reosonabte attwneps' j fees, costs and disbursements incurred by Mortgagee in connection with the collection of such oword or payment; and Mortgagor agrees ro execute ond deliver, from time to 6me, such further instruments as may be requested by MoHgagee to confirm such j assignment to Mortgagee of any such award or payment. i (d) all leases of the Premises now ond hereaher ente~ed i~to ond afl right, titte and interest of the Mortgagor thereunder, ! ~ncluding, without limitation, cash or securities deposited thereunder to secure performance by the lessees of their obligations the?e- ; under, whether such cash or securities are to be held unNl the expiration of the terms of such leases or applied to one or more of ~ the instollments of rent coming due immediately p~ior to the expira6on of such terms, including, furthe?, the right upon ihe hap- ~ pening of an Event of Default, to receive ond collect the rents thereunder. ! TO HAVE AND TO HOID the above described propeirty unto the Mortgagee, its succeswrs and assigns forever. ~ i The Mortgagor hereby covenann with the Mortgagee that the Mortgogor is indefeosibly ~ized with tf~e absolute and fee ~ :imple title to said property, and has full power and lawful outhorit~r to sell, convey, transfer and mortgoge the wme; thot it shell be lawful at ony time hereafter ~or the Nbrtgagee to peviceably and quietly enter upon, have, hold, and enjor said propeirt~r, ond every part thereof; that this mortgage is and wili remoin a valid and enforceable fint lien on the mortgaged properry; thot said properry is free and discharged from all liens, encumbrances, ond cldims of any kind, including taxes and assessments; and thot the Mortgagor hereby fully warrants unto the Mortgagee fhe tide to said property and will defend the some against tfie lawful claims ond demands of all persons whomsoever. NOW, THEREFORE, the condifion of this mortgage is such that if the Mortgagor sholl well and truly pay unto the Mort- ` gagee, the indebtedness eridenced by that certain promissory ~ote (herein somefimes called "Note" or "Mortgagee note'~, of even ` dote herewith, made by the Mortgogor and paya6le to the Mortgagee in the principol sum of S 993: 600 .00------- - ! together with interest as therei~ steted, ond shall perform, comply with and abide br eoch and every of the stiputotions, r ~ ments, conditions and covenants contained and set fo?t6 in this mortgoge and in the promissory rate secured herebr, ' ` morfpoge and the estate herebr aeoted shall cease ond be nul! ond rad. FORM /P-32•66 ~ ~ ' 600K P.4Gt 1~ v BGGK~~~ PA6f ~ ~ ~ ~-s~,.;~ , - _ „ , 4~:• ~ , , ~ ~s~ _ K ~ _ . a~~~„~.~