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HomeMy WebLinkAbout0561 ~ ~ ' ` ~ ~ :-~U 28~4~ 38~518 ~ ; ~ ~ r ~ s c ~ _~f . MORTGAGE DEEO AND SECURITY AGREEMENT . THIS MORTGAGE DEED, made and executed the day of October , 19~~ , by M. & W. LAND, INC.. a ~ Tennessee corporation authorized to do business in the State of Florida, hereinafter called the Mortgaqor, which term shall include the heirs, legal representatives, successors and assigns of the said ~ Mortgagor wherever the context so requires or admits, to ~ 4 CLARENCE EDMONDS F i ! hereinafter called the Mortgagee, which term shall include the i heirs, legal representatives, successors and assigns of the said Mortgagee wherever the context.so requires or admits. WITNESSETH: That for divers good and valuable considerations, and also in consideration of the aggregate sum named in the promissory notes hereinafter described, the said Mor~gagor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said.Mortgagee, his heirs, { successors and assigns, all the certain pieces, parcels or tracts of land, of which said Mortgagor is now seized and~~ossessed and in actual possession, situate in the Count~ of Mar~in~ aric~ State of Flor ida, and that certain other collateral as more particularly described and enumerated in Exhibit "A" attached hereto, consisting ~ of __tQ___ pages and by reference made a part hereo~. ~ • . The parties by the execution and acceptance of this Z~~~ instrument do hereby create and constitute the same to be a ~ securit a reement under the Uniform Commercial Code of the State ; ~~a~ of Floridag and Mortgagor does hereby grant to Mortgagee a ~ ~ a security interest in those promissory notes payable to z co the order of Mortgagor and listed on Exhibit B hereto, which ~ promissory notes are, contemporaneously herewith, being l`~~~~" ~ endorsed by Mortgagor and delivered to Mortgagee. The~maker ~ ~ F of each of said promissory notes is hereby directed by Mortgagor H>~ and Mortgagee to make payment of all sums due in respect thereof ~ p~~~ directly to Mortgagee until otherwise directed by Mortgagee. { ~o~' Tp I3AVE AND TO FiOLD the same, together with all and ~ a singular the tenements, hereditaments and appurtenances thereunto ~ belonginq or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and also all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity of the said Mortgagor in and to the same and every part and parcel thereof unto the said Mortgagee, and his heirs. successors and assigns, in fee simple, and all renewals, additions, substitutions, replacements or betterments thereto. • And said Mortgagor, for itself, and its successors and ~ assigns, hereby covenants with said Mortgagee, his heirs, legal ; r ~ v~ representatives, successors and assigns, that said Mortgagor is ~ ~ Z~ indefeasibly seized of said land in fee simple; that the said ; ~,.ro ~ Mortgagor has full power and lawful right to convey the same in ~ $ ~a W~R~ fee simple as aforesaid; that it shall be lawful for said ~ ~ Q~°~o Mortgagee, his heirs, legal representatives, successors and ~ o assigns, at all times peaceably and quietly to enter upon, hold, ~ Z z F occupy and enjoy said land a~d every part thereof; that said land ~ m L~~c is free from all incuumbrances; that said l~lortigagor, its successors N~ ~";r and assigns. will make such further assurances to perfect the fee N`~ simple title to said land or the possession of title to other ~ collateral in said Mortgagee, his heirs, legal representa'tives, . ° . `j'?~ ;1 E r~~+ ~ ~ ti 903~ V F'~6~ , Sa4nc LJ~ ~"itv ; - - ~