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HomeMy WebLinkAbout0430 ~~ss - ~y ' ~ ~ ~ ~ i MORTGAGE DEED AND SECURITY AGREEMENT ~ THIS MORT(iA(3B D86D (tM I?riortsa~sl, a.cea a. ot~ November l~ , l9 77. bY aod between Sophua Peteraen, Jr. and Rlly Peterae~, his wife (l~ereinatter called Mortaasor) and SU11 88I1k Of St. L~1C~@ CO1111ty ~ ~ 6avin~ an otfice at 121 Oranqe Avenue t Fort Pierce, . Florida (hereina[ter called Mort6aaee): WITNB33Is'TH. that in comiderataa ot the ptemiie~ and in order to iecure tt~e paYment of both the principal ot. and inteee~t aad aay other sums peYable on tbe note (as hereinatter det'uied) or tluw Mort~e and the pedornance and oD- seevaaos ot aq ot tbe provisions hereot and ot isid aoto, Mortaa6or hereby sraats, eeUs. w~arranta. aliens. remi~es. releases, conveY0. aasigns. transfers. mortaaae~ and seb over aad confirms un~tii+:ar~~~ll ot Modgagor ~ estate, ri~tle~ tiUe and intecest in. to and under sU tbat ce~tain real property situate in County~ Flocida awre particulady described as toUows: That part of Lot 9, of Industrial Subdivision, as per plat thereof on file in Plat Book 9, at paqe 5, of the public records of St. Lucie County. Florida, described as follows, to-wit: . Seqin at a point on the West line of said Lot 9, 20.2 feet South of the Northwest corner of said Lot 9, for a point of beginninq; run Easterly 498.69 feet to a point on $ast line of said Lot 9, which said point is 12.05 feet South of the Northeast corner of said Lot 9, thence turn and run South on said East ].ine 75 feet to a point; thence turn and run West 498 feet more/or less, and parallel to the first line mentioned above, -°-to a point on the West line of said Lot 9, thence turn and run North ~ along the West line of said Lot 9, a distance of 75 feet to the point of ~ `s' beginning. N !E . - a0 i _ ,rr i - 1'O('ETHER WITH all improv~ementa now or hereatter located on said real properiy and all ti:tures, appliances, ~ t~aPPa~tus. e9uiPment, heatina and air rnnditioning equipment. machinery and articlea of petsonal property and replacement ' ~y ~"~i?jthereo[ (other than thoee owned by lessees ot aaid real pmperty) now or hereafter at(ized to, attached to, placed upon. or -'Y;3: in any way in conneMion with the complete and com(ortable uae, occupancy. or operation of aaid real pmperty, aU licensea and permita or required in connection with the we ot aaid real property, aU leases of aaid real pmperty now or ; hereatter entered into and all riaht, title aad intereat of Mort~tagor ihee~.wnder, including without limitation, rash or securi- ' ~ = ties deposited thereunder pursuant to said leasea, and all rents. issues, Proceeds, and praCts accr~in6 trom said real pmperty ~ nd together with all proceeds oi the rnnvezeion, voluntary or involunfary ot aay o( the foeesoins into caeh or liquidated Isima, iacludina wit6out limiiation. Proceeds of insurance and condemnation awards (t6e foregoing aaid real pmperty. ~ ~ fangible and intangible personal prc?perty hereinalter reterred to as the Mortgaged Property)_ Mort6agor bereby granta ` _~to Mott;agee a security interest in the foreaoing deacribed tangiWe and intanaible persona! pmperty_ TO HAYE AND TO HOLD the Mortgaged~ Property. together with all and aingular the lenementa, heredits~ments and appartenances thereunto belonging or in anywiae appertaining and the reversion and reversions thereof and all the estate, rigbt, title, interest. homestead, dower and right of dower, separate eatate, po~ession, claim and demand whatacever, as well in law as in equity~ of Mortgagor and unto the aame~ and evary part thereof~ with the appurtenances of Mortgagor in and to twe same. and every part and parcel thereof unto Mortgagee. . Mortgaaor warranfs t6at it 6as a good and marketable title to an indeteasible tew estate in tt~e Mortgaged Property - subject to no lien, charge or encumbrance ezcept such as Mortgagee haa agreed to accepi in writing and Mortgagor covenants that thia Mottgsige is and will remain a valid and enforeeable first mortgage on the Mortgaged Ptoperty sobject only to the e:ceptions herein pmvided_ Mortgagor has full power and lawtul authority to mortgage the Mortgaged Property in the ; manner and form herein done or intended hereaffer to be done. Mortgagor will preserve such title and will forever warrant i and defend the same to Mortgagee ar.d wiA totevet warrant and detend the validity and priority ot the lien hereof against F the claims of all persons and parties whomsoever. i Mortgagor will, at the coat of Mortgagor, and without e:penae to Mortgagee, do, e:ecute, acknowledge and deliver all f And every such further acts, deeda, conveyancea, mortgagea, asaignmenta, notices of assign.aent, transfera and assurances as Modgagee shaU irom time to time requi~ in order to preserve the priority ot the lien of thia Mortgage or to facilitate the pertormance of the terma hereot_ PROVIDED, HOWEVER, ttiat if Mortgagor ahall pay to Mortgagee the indebtednesa in the principal aam ot i aa evidenced by thaf cettain promissory note (t6e Note), ot even date herewith, e:ecuted by Mortgagor and payable to order oi Mortgagee, with interest and upon the terms as provided therein. and together wiW all other suma advanced by Mortgagee to or on behelt of Mortgagor pursuant to t6e Note or this Mortgage, t6e fina! aoaturity date oi t6e Note and this Mortgage being , and sball pedorm all other covenants and conditions of the Note, all of t6e terms of which Note are incorporated herein by re[ereace as thou~hh set (orth tally here- ~ in, and o[ any renewal, e:tension or tnoditication, thereot and of this Mortgage, theo this Mortgage and tbe eatate hereby created~hail cease and terminate. Mortgagor fnrther convenanta and ag~ with Mortgagee as foUows: - 1. To pay all sums, inciuding interest secured hereby when due, as pmvided for in t6e Note and any secewal. e:tension R or modification thereoE and in thia Mortgage, all such suma to be payable in Iawtu) money of tbe United Statea of America s at Mortgagee e atoresaid principal offiee, or at such othe~ place as Mortgagee may designate in vrriting. ~ 2. To pay when due, and eriihoat reqairing any xwtice trom Mortaagee, aU tazea, aa~easmenta of any type or nature. ~ and other :6arges levied or asseaee~ againat the Mortgaged Property or this Mortgage sud produce receipta there(or upon demand. To immediately pay and discharge any claim, lien or encumbranee a~sinst the Mortgaged Pmperty which may 5e or become superior to t6is Niortgage and to nermit no delaalt or delinquency on any other lien. encumbrance or charge against the Mortgaged Property. 3. If eequired by Mortgagee, to also make monthly denosila with Motrtgagee~ in a non-interest bearing accbant, to- getber with and in Addition to intereat and principal, of a sum equal to one-twelfth of the yearly t~es and aeeeeaments which may be levied against the Mortaa6ed Propetty. and (if sa required) one-twel(th ot the yeady premiuma for inauranoe thereon. 'The amount o[ suc6 taxea, aeseam~ente and pr~emiums, wh~m unknown~ s6a11 be estimated by Mortgagee. 3uch deposits shiHs MsSm~d~t6~F1?feft~68ee to pay such ta:es. assesaments and premiums when due. Any insufticiency ot such SUN B~f~K OF ST. l~;C!~ i~3ji~~IY .t ~ Fosrl~R~r sr. ii:~~ ~_c:rn_ r-.:i~c 0 ~ ~*~~.~;t ~~,tl, , CAROL FORE ~f.y ~ I~"4-.~-~~=` ~~„15~Of ~ O ~ ° ~ ~ ~ us s. z~a st. - ~tt ~~1 , i 4~: . x~j~y~ ~Q~ ~ p~,. e!l~c f~GE ~ ~ ~ wy~t'st• ~