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HomeMy WebLinkAbout0524 1~ ~ . ~ - MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGA(iB DSED (ths Mortaaae), dated es o[ ~tober 7 , 19 by and belween e.-a+ RENS P. GIR`Zf~IILI.BR AND MIC'HELINE GITi'Zf~11I.I.ER, his wife (l~ereinatter called Mortgagor) a~d SUN BANK OF ST. LUCIE COUNTY ~ , having an ' ottice nt 111 Orsnqe Avenue, FOZt P3erCe, , Florida (hereina(ter called Mortgngee); WITNE83E1`H, that in rnnsideration ot the p~emises a~d in order to secure the payment ot both tl~e principal ot, a~d ' interest and any other sams payable on tbe note (es hereioatter de(i~ed) or this Mortgage and tt~e performance and ob- . servance ot all ot the pmvisiona heteof a~d ot said note, Mortgagor heteby granta, sells. warrants, aliens, remisea~ relenaea, . conveys. aeeisns~ trana[ers, mottgages and sets o~~er and contirms unto Mortgagee, all ot Mortga~tors eatate, riRht. title and iaterest in~ to and under all that certain rea) property situate in St. Lt1C~@ County, Florida more particula~ly • described as toUows: ` Lot 19, Block 177 of SOUTEi PORT ST. LUCIE UNIT EI~VEN, a . er Subdiv3sion accordfng to the Plat thereof as recorded in ~1~ Plat Book 15, Page 15, of the Public Records of St. Lucie County, ~lorida. 0 Q ~ - ~ s ' ~ ~ /ER~ ~~t'1~ S ATE FL~ R i 1 s oF ~ ~Z DOCUMEt~TARY STAMV~T A I ~~NT Zo ~~PC1t:.AS ~I ~ ~ ~ DEPT. OF REYEMUE~ ~ `m ~ e~ ; aTis•n ~ 5 7. 0 Q j . a„~c a.:~.~ cao~T. s~• ~'r•r~ a°' - - ~uoz . ~ 'I'O('ETHER WITH all improvements now or herea(ter located on said real property and al) tiztures, appliances, apparatua. equipment, heating and air rnnditioning equipment. machinery and articles ot pereonal property and replacement thereof (other than thoee owned by les~es of said real property) now or herea[ter atti:ed -to, attached to, placed upon, or u.ged in any way in connection with the complete and comforiable use, occupancy, or operation o[ said real property, all licenses and permite used or required in connection with the use of eaid real property, all leases of said real property now or herea[ter entered into and all right, title and interest of Mort~Caqor thereunder, including without limitation, cash or aecuri- tiea depoeited thereunder pursuant to said leasea, and aU renta, iseues, procee~ds, and protita accruing troa~ aaid real property and together wit6 all prooeeds o( the conversion, voluntary or involuntary ot any ot the foregoing into cash or liquidated claime, includin6 without limitation, procceda ot insurance and condemnation awards (the foregoing said real property. tangible and intangible personal property hereina(ter reterred to aa the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security intereat in the foregoing described tangible and intangible pereone[ pmperty. 'PO HAVE AND TO HOLD the Mortgaged Property. tagether with all and aingular the tenementa, heredit~tments and _ appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereot and all the estate, right, title, interest, homestead, dower and rig6t of dower, separate estate. poaeesaion~ claim and demand whutsoever, as weU in law as in equity, of Mortgagor and unto ihe same, and every part thereo(, with the appurtenancea of MortgaRor in and to the same, and every part and parrel thereof unto Mortgagee. ~ Mortgagor warrants that it 6as a good und marketabie title to an indefeasible fee estate in ihe Mortgaged Property eubject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Mortgagor covenants that thia Mortgage is and will remain a valid and entorceable tirst mortgage on the Mortgaged Property subject only to the ' ezceptions herein ptovided. Mortgagor_ has full power and lav?fu) authority to mortgage the Mortgaged Property in the i manner and fotm herein done or intended hernatter to }?e done. Mortgagor will preserve such title and will torever warrant and defend the same to Mortgagee and will forever warr.~nt and defend the validity and priority of the lien hereof against the claima ot all peraons and parties whomeoever. i ~ Mortgagor wi11, at the caat ot Mortgagor~ and without e:penae to Mortgagee, do, e:ecute, acknowledge and deliver all ~ and e~~ery suc6 further acta, deeds, conveyancea, mortgages, aasignmenta, notices of asaignment, transters and assurnnces as s Mortgagee shall from time to time require in order to preserve the priority of the lien of this Mortgage or to facilitate the ~ pertormance of the terms hereof. PROVIDED, HOWEVER, that if Mortgagor ah:ill ~y to Mortgagee the indebtedness in the principal sum ot a 38~ 000_ 00 aa ev~denced by that certain promisaory note (the Note), ot even date hernwith, executed hy Mortgagor and payable to order ot Mortgagee, with interest and upon the terms as provided therein, and together with all other sums advanced by Mortgagee to or on behalf o( Mortgagor pursuant to the Note or thia Mortgage, the final maturity date of the Note and t6is Mortgage being ~~'a~'a , and shall perform all other covenants and conditions o( the Note, all ot the tern~s of which Note are incorporated herein by reference as though set forth fully here- in, and of any renewal, extenaion or modification, thereot and o( this Mortgage, then this Mortgage and the eatate hereby cmate~! shall cesee and tetminate_ Mortgagor further convenants and agrees with Morlgagee aa tollows: 1. To pay all sums, including interest secured hereby when due, as pmvided tor in the Note and any renewal, extension ~ or moditication thereof and in this Mortqage, ap such suma to be payable in lawful money of the United States of America at Mortgagee's aforesaid principal otfice, or at such other place as Mortgagee may designate in writing. ~ 2. To ptiy when due, and without requiring any notice from Mortgagee, all tatea, asseasments of any type or nature ~ flnd other chargea levied or aseeseed against the Mottgaged Property or t6is Mortgage and produce receipts thecefor upon ~ demand. To immediately pay and diacharge any claim, lien or encumbrance against the Mortg~ged Property w6ich may be ~ or become superior to t6i~ Mortgage and to permit no default or delinquency on any other leen~ encumbrance or charge ~ aRainst the Mortgaged Property. ~ 3. I[ requir~d by Mortgagee, to also make monthly depoaite with Mortgagee, in a non-internst bearing account, to- ~ gether with and in addition to intereat and principal, of a sum equal to ane-twelfth of the yeady ta:ea and aseessmenta which ~ may tie levied against the Mortgaged Property, and (if ao required) one-twelft6 ot the yearly premiums tor insurance ~ thereon. The amount of auch taxes, asseaemente and premiums, when unknown, ahall be eatimated by Mortgagee. Such ~ deposits shal! be used by MortgaRee to pay auc6 tazes, aseessments and premiums when due. My inaufficiency ot such . ~ . ~o~K 276 P~~E 52 3