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HomeMy WebLinkAbout0384 . . ~ ~ MORTGAGE DEED AND SECURITY AGREEMENT THI3 MORTGAGB DS~D (the Mortseae), deted ns ot December Z~ 1977, by a~nd belween Robert J. Myers and Charlotte L. Myers, his wife (hereiuatter called Mortgagor) and Sl1R Bank Of St . Luc ie COtlTlty , huving :in otfice at 111 Orange Avenue , Fort P ierce , , Florida (hereinatter culied Mortgugec) : WITNE39E'1'H, ihat in considecation of the premises and in order to secure the payment of both the principal ot, and interest and any other eums payable on the note (as hereinatter defined) o~ this Mortgage and the performance and ab- servance ot all ot the provieiona hereot and ot aaid note, Mortgagor hereby granta, eells, warrants, aliens, remises, releuses, rnnveys, aesigns. trans[ers. mortgages and sets over and rnnfirras unto Mortgagee, all ot Mortgagors eetate. riRht, title and interest in. to and under all that certain real property situate in ~t . L.ucie County, Florida more particularly described as tollowa: Lot 15, af Block 14, of Maravilla Plaza, as per plat thereof recorded in Plat Book 5, page 44, of the public records of St. Lucie County, Florida. l ~ . ~ ~~TC~ ~ f ~-~rj . ~ ~ ~ ` L--- ~ l._ ~ r' . i t a.t ~ ~ ~ ~ C q~ ~ w r• ~ t . ` - ~ J ~ r - . . ~ Rf~~;t'EJ i:l P.~.:. iz: ? Ct TA~IES z, . , ~,t r. ~~i ~E~E'~ .s .-;:s~, , • . ' • ~ ~ o _ _ ` i r ' , , f; „ I Gi1E CN C1ASS C 1.1i;.?:v:3LE Pfli;.i?iiil P:t1~PE&~Y~ ~ 4. ~ J ~ PURSIil4lti i0 CtiAPTER 71-134. A~TS QF 1971. - B - , ~ • ~ ~r - ~ Ri,4~a F~ire.as - C'~fi~i'~ tx!ltct~ 1T. 14:,:s CO.. F~A '1'O('E'I'HER WITH all impcovements now or hereatler located on a~id real property and all tixtures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery nnd articles ot personal property and replacement thereof (other than those owned by le~eea of said mal pmperty) now or hereatter atti:ed to, attached to, pl~ced upon, or~ used in any way in connection with the complete and comtortable use, occupancy, or operation of said real property, all licenaes and permits used or required in connection with the use o[ said real property, all leasea of said real property now or hereafter entered into and ull right, title and intereat ot Mortgagor thereunder, including without limits~tion, cash or securi- ties depoaited thereunder pursuant to said leases, and all•rente, issuea, proceeds. and ptofits accruing from eaid real property and together with aU proceeds ot the conversion, voluntary or involuntary ot any of the (oregoing into cash or liquidated claims, including without limitation, proceeda of insurance and rnndemnation awarde (the foregoing said real property, tangible and intangible personal property hereinafter reterred to as the Mortgaged Property). Mortgagor hernby granls to Mortgag~ a security interest in the toregoing described tangible and intangible personal property_ TO HAVE AND TO HOLD the Mortgaged Properiy, together with all and singular the tenements, hereditaments and ~ppurtenancea thereunto belonging or in anywiAe appertaining and lhe reveraion and re~~ersions thereof and all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and demand whalsoever, as well in law as in equity, ot Mortgagor and unto the same, and every part thereof, with the appurtenances of Mortg~gor in and to the same, and every part s~nd parcel theteot unto Mortgagee. i Mortgagor warrants that it haa a good and marketable title lo an indeteasible tee estate in the Mortgaged Pro~~erty ~ subject to no lien, charge or encumbrance ezcept auch as Mortgagee has aBreed to accept in writing and Mortgagor covenants ~ that this Mortgage ia and will remain a valid and enfomeable [irst mortgage on t6e Mortgaged Property subject only to the ~ e:ceptions herein provided. Mortgagor has tull power and law(ul authority to mortgage the Mortgaged Property in the i manner and (orm herein done or intended herea[ter to be donc. Mortgaqor will preserve such title and will forever warrant ~ and detend the same to MortRagee and will forever warrant and detend the validity and priority of the lien hereof against the claims of all persona and partiea whomsoe~•er. E ~ Mortgagor will, at the cost ot Mortgagor, and without eYpense to Mortgagee, do, execute, acknowledge and ~deliver all and e~~ery such further acta, deeds, conveyances, mortgages, assignments, notices oi assignment, traruders and a~urances as Mortgagee ahall trom time to time require in order to preserve the priority of the lien ot this Mortgaqe or to tacilitate the performance of the terms hereof. PROVIDED. HOWEVER, that if Mortgagor shaU ~k~y to MortRagee the indebtedness in the principal sum ot a 9500. ~ evidenced by that certain promissory note (the Note), of even date herewit6, ezecuted by Mortgagor and payable to order of Mortgagee, wilh interest and upon the terms as pmvided therein, and together with all other suma advanced by Mortgagee to or on behalf of Mortgagor~993nt to the Note or thia Mortgage, the final maturity date of the Note and thia Mortgage being Januarv 2~ i' , and shall perform all other covenants and c•ondifions of the Note, all ot the terma of which Note am incorporated herein by reterence as though set forth tully here- in, and ot any renewal, extension or modification, t6ereo( ~nd of this Mortgage, then this Mortgage and the estate hereby ~•reated shall cease and terminate_ 1~lortgagor further convenants and agrees with MortgaRee aa tollows: ` 1. To pay all sums, including interest secured hereby when due, as pro~~ded for in the Note and any mnewal, extension ~ or modi(ication thereot and in this Mortgage, al! such sums to be payable in lawful money of the United States of Americ~ j ~ ut Mortgagee e aforesaid princips~l office, or at such other place as Mortgagee may designate in writing. ~ ~ 2. To pay when due, and without requiring any notice from Mortgagee, all ta:es, assesatnenta ot any type or nature s ~ and other charges levied or as.gessed against !he Mortgaged Property or this Mortgage and produce receipta theretor upon ` demand. To immediately pay and discharge any claim, lien or encumbrance'against the Mortgaged Property which may be ~ or become superior to thia Mortgage and to permit no default or delinquency on any other lien, encumbranre or charge ~ aReinst the Mortgaged Property. , ~ 3. If required by Mortgagee, to also make monthly deposits with Mortg:igee, in a non-interest bearing account, to- ~ gether with and in addition to interest and principal, ot a sum equal to one-twel(th o( the yearly tazes and aseessments which ~ may be levied against the Mortgaged Property, and li( so required) one-tweltth of the yearly premiuma tor insnrance f thereon. The amount ot such tsixea, asseesmente and premiums, when unknown, ahall be estimated by Mortgagee. Such ! ~ deposita ahall be used by Mort~aRee to Qay such ta:es, assesamenta and premiums when due. Any insu(ficiency ot such 3 ~ • . i ~ , a ~ ~ ~ ~ ~ ~kK 2"!9 PA~E 38~ ~ ~ , ~ i • . • . . _ . s