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HomeMy WebLinkAbout1772 ~ TN= I~trumerit Wes PrM+sred ey: ~0 JOHN H. SUTHERLAND. Attor~oY ~ 1426 . 20th St?eet, Vno Bsach, Fb. : - , ?g ; , 4 ~t?•"J~i~L~~~Il~~~ ~~'Q~ TO TRUSTEE UNDER ~AND TRUST AGREEMENT TRUST No._150 ~ Ittitggttt . Tn.,~ ~he ,o~ NILTs R. LeSTRANGB t~l)1~ ~I1lDft~ 2~~~ au er e, venue, g~W~d o a 3 0~ ~n. c«N,~r cf_ Florida ~ Th Indian, R~ve~r ~itrus••$~nk of Vero S~ate oi fw and in cor?sidcralion of tl+~ wn+ 01 Tcn Oollar~othcr o a va wb ta?s~de?at~ ~s in hand na~d. rcceipt ol whlch is hercby acknowtedged hereby pra~ts. conveys a.~d warran1s unf auaaAe~~aouu~~sa~axsan1cruR~a~Ys:ac ~1M~p~fla~ds. s bankirq capo~~tion agan~:id under tFx laws of th~ Sta~e of Flw~da. and duly sutlwri:ed to acctpt ar+d ex~cutt t~ust~ uctt~:i~ s 1 M1. n..a 1..~« wcth~n tl» Sra~~ of Fbrids, ss Trust~e unde~ tl+~ provi~ ot ~ ce~~dn 7naf AqreeR~er+t. d~~ed the day of _ 19?~ and knor.n Ynat N~rnb~r 15Q tM iollowinp dtscribcd rt~l tstat~ In t!N County 0( .rSt = T•L~~ - . and S1aN of lorlda, N•wi : The Sou~ one-ha~lf (S}) af the Northeast one-quarter (NE}) of the Southwest one-quarter and the F~ast one-half (E}) of the Southeast one-quarter (SE}) of the Southwest one-quarter (SW~) (LESS and 'excepting therefrom the West 250 feet) , of Section 13, Township 35 South~ y. ~ Range 39 East, excepting therefrom rights of way for public roads and drainage canals, 3 subject, however, to the following: 1'~S 1. Subject to all easements, restrictions, reservations; dedications and rights of way of record. Subject to fteal Estate taxes for the calendar year 19?4. 2. Purchase money mortgage from The Indian River • Citrus Bank , as Trustee , under Trust No . 150 , to Nile B. LeStrange , the Grantor , securing a mortgage note in the amount of ~ .~Q 3. Subject to a ffrst mortgage from William W. Cesa to Ben C. Patten and Fern A. Patten , his wife , dated October , 1972 , recorded October 26 , 1972 in Official Record Book 207, page 1896, public records of St. Lucie County, Florida, in the face amount of =46 , 000 . 00 . • ' ' 4. A mortgage ~from Nile ft. LeStrange to William W. Cesa, joined by ~is wife, Adele Cesa, dated May , 1973, recorded September 24, 1973 in Official Record Book 218, page 2879 in the face amount of a35,553.00, and being a second mortgage. 5 See Page , 2 . It' is the intenhon of this deed . to vest title in The India~n River Citrus Bank , as Trustee, as set forth above, and whose mailing address is Vero Beach, Florida 32960. TO HAVE AND TO NOL~ the sa~d real es~atc in F~e simple with the appurtc.~ances upon the trust and ~o~ fhe purposes here~n and ~n sa~d Trust /lgreement and Oeclara~io.~ of Trust sct fwth. futl poNer and authority is hereby granted to said Trustee or it~ successors fo ~mprove, to protect, conserve and b se~1. to.subd~vide sa~d real estate o~ any part thereof, to dedicate parks, streels, highways w alleys and to ~xate any subdivision w part thereof .~nd to resubd~v~de sa~d real cstate as o(~en as desirecl, fo contract ~o sell, fo granf optio~s to purtliase, to sell on any terms, fo convey either with or w~fhout con- s~derat~o~, to cm~ey sa~d real estate or any part thereof to a successor or successors in trusl and ro grant fo such successor a. successors ~n f~ust ail of the title, estate, powers and authorihes ves~ecl in wid Trusree, fo donate, to declicate, to mortgage, pledge or othe?w~se enc~mber sa~d .eal ezlate or any part Ihereof, to lease said real estate w any part the~eof, from tlme to time, in possessan or reversion, by leasc~ to comme~ce ' in praesenti o? in futuro, and upon ar~y lerms and (or a~y pe?iod w periak of time not ezceeding in the tase of any s~ngle demise the tcrm ~ o! 99 years, a.+d to renew or extend leascs and fo amend, change or n,odify leaus arxl the ferms and provisions thereof, to tonhatt to make I leases and te g?anf options to lease and opfionS to renew leases and options fo purthase the whole or any part of the revers~on ancf to tont~act ~ respecnng the rna.+ner of f~xing the amount of prese?+1 or future rentals, fo partition or exchange sa~d real estate w ar~y par~ thereof (or o~her ~ real or personal propcrly, to gra~f casemenis or cF?arges of any kind, to release, convey w assign any right, title or interest in or abouf said real estate or any part the~eof, and to deal with said real estate a~.d every part thereof in ~II other ways and 1or such othe. canside.ations as it would t+e tawlul (or any person owning tF?e same to deal with the same, whelher similar to or dif~erent (rom the wsys ~bove spet~tied, st any t~me o. ttmes hereafter, and otherwise to ma.wge and dispose of said p?oPe~ty. In no cate shall any parly dealing with saicl Trustee in re~ation to sa~d real es~ale a to whom said real estate a a.+v parl the?eof shall ~ be conveyed, contrac~ed to be sold, leased w n+o?tqaged by sa~d T~ustee, be obliged to see ro the applica~ion of ~ny purchase money, rent, o~ mo~ev borrowed o? advanced on said prem~ses, or be obliqr~i to see ~hat Ihe terms of this frust have beer+ comD~itd with, or be obl~aed i r~ ,npu~re ~~~o the necessif~ or exped~ency o( any ad of said T.ustee, or be obl~ged or p.ivileqed fo inQu~re into any o~ the terms of sa~d T.ust Ag?eement or Declaration o( T?ust; and every deed, trust rleed, mortoage, lease or other instrument executed by sa~d Trus~ee in re~at:on to sa~d .eal es~ate shall be conclusive evidence in favor of every ne?son re~ying upon or cla~m~ng under a~y such conveva~ce lease or olher instrume.~t ~a~ that at the time of the det~very thereoi the tru~t created•by th~s lndenfure and by ~a~d Trust Agrepmc~t a~d Detlarat~~n of Trus~ was in iull force and e~(ect, Ib1 thal wch co.+veyance or othrr instrument was execufe~ in accordance w~th the trusts. cond~t~ons and limitat~ons tonlained in /hiS Indenlure and in said Trust Agree~nent and Declaralicx~ o! Trust and is binding upon a~l bene~~c~.+?~es fhereuncler, ~ ~c~ that sa~d Trustee was duly au~horized and emporvereJ to execute and deliver every such deed, trust deed, lease, mor~Qaae or o~her in- st~umen~ a~d ~d~ ~f the convera.~ce ~s made to a successor o. ~uccesso.s ~n hust, that wch successo? or successors in t.ust have been p.operly aDDO~^ted and fully vested wilh all the ti11e, estatc, rights, powers, dulies a~d obligalions of the sa~d p?¢decessor ~n Irust. /1ny cent.act, ob~~gat~on or indebte~k+css ~ncu?red or entered iMo by tF+r Trustee i~ connect~on with sa~d real estate mav be enfe~ed into bv it in the ~ame of fhe tF,en bene~~ciaries under said Trust Ag.eoment and Uec~aration ol Trust, as their afforney i~ fatt, hereby ir~e.•ocably avpo~~ted ~or such purpose, or, at the election of said Trvstee, in its own name as ?rustee of an express t.ust snd ~t ~nd~viduatly a~d ~h~ Trustee shall have no obligation whatsoever with respect to a?+v wch contract, obligation or indebfedness eztepf onlv s~ ~ar as the ~rust pro~erty and ~unds in the acfual posuss'an of fhe T?ustee shall be applicable ~or tF+e paY~++ent and discharg! fhereof, a~d all persons and corporat~ons whomsoerer and whatsoever shali be charged with .wtice of this cond~tion irom the date of the filing for record of this Deed. The inltresf of each and every benef~ciary hereunder and under the Trust /lgneeme~t and Declaration oF Tnist hertinbe(ore reFerred to anrl Of ell pe?sons claiming under fhem or anr of therr+ shall be onlv in ~he earninpi, wails and p•oceeds a.is~ny ~rom the sa?e or other d~s- pos+t~on oi sa~d ?eal estate, and such inte.est is hereby declared to be personal properry, snd ~o beneliciary he~unde? shall have any t]tle or inte.est. lefla) oi equ~fable, in or fo said real esfate as such buf only an inter~sT in fhe esrninps, sviilf snd proceeds therecf ~f aforesa~d. And the Grentor, he.eby fully warrant~ tF+e tl~le to sa~d real est~te and will defend tM sarM ~pa~nst tF+~ Isniul tla~m~ of ~II person~ whOmSOCrlr. ~ S dsy ot IN WItNE EREOF fhe Gr•ntor~. .fonsaid ha~_- h~rwnro ~et hu+d M+d ~tal thi~ .19? . 5iyned. Se~kd ~ IhK~d In ovr P ~ - I Sesl l ~ L . Le RANGE (Seall IS~~I1 ~ .MM ,..e ~ ~ . e e r 227 ~1'7'`,~D . _ - " = ~