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HomeMy WebLinkAbout0491 / MORTGAGE DEED AND SECURITY AGREEMENT ~ . THIS MORTCAGE D~E:D (the ~turtgnge?, dut~~cl t~s o( Jdl1. 9 ~y78 ;~nd t~etw~~~n HENRY A. ALLEN AND EMMA RUTH ALLEN, his wife (hereinulter ~•allcd Mortgugor) c~nd SUN BANK OF ST. LUCIE COUNTY h:i~ing un o~~~~,~ 111 Oranqe Avenue, Fort Pierce , Florid,? Ihemin.i(t~•r ~•allec~ 111ortR:~R~~el : WITNESSETH, thut i~ consideration of tha premi~~s ,~nd in order to ac~~urn the {u~yment of twth the principal of, and interest And any other suma p:iyuble on the note (.~q hereinatter de:ined) or thia Mortguge nnd the ~~ertormunce .ind ob- sen~a~nre of nll ot the pro~•isions hereot and o( s~id note, Atortgagor hemby grants, 3eils, waun~nts, aliens, ~emix~, relexscs, com•eys, assigns, tn~ns(ers, mortgzges and sets o~~er und cun(irms unto Alorlgagee, :~II o[ 111ortgugor's estate, riRht, title and interc~t in, to and under all thaf certain rea) pro{~erty situat~• in St. Lucie County, Florid:~ more ~k~rti~•ulurly described as foUov~-s: ~ A part of Tracts 1 and 2 of Resubdivision of Surora Heights, as recorded in Plat Book page 14, St. Lucie County, F~orida, being more particularly described as follows: From the Southeast corner of saii Tract 1, Run West 253 feet to the point of beginning; thence on an angle of 108° 56' 30" as measured from East to North run Northwesterly 127. 38 feet; thence on an angle of ?1°03' 30" as measured from South to East run East parallel with the South line of said Tract 1, 118.05 feet to a point that is 127.95 feet due West of the East line of said Tract 2: thence on an angle of 68°08' as measured frqm West to North run Northwesterly parallel with the East line of said Tract 2, 164. 06 feet; thence on an angle of 108° 10' as ' measured from South to West run Westerly 118. 53 feet; thence on an angle of 74° 34' as measured from East to South run Southeasterly 280. 53 feet to the South line of said Tract 2; thence run East 10. 69 feet to the point of beginning. "I'OGETHER WITH all impro~•ements now or hemafter locatc~cl on s:iid real pm~~erty :~nd al! fixtures, applian~•es. apparatus, equipment, heating and air conditioning equipment, m:ichinery and articies ot person.il pm~~erty und replucenu:nt u"~ thereof (other ttwn those owned by lessees of ~id real property) now or hematter aftixed tu, attached to, placed u~~on, ~~r used in any way in connection w:ith the complete and comfortable use, oc-cup.~ncy, or operation ot said real pro~~erty, all lirnnses and permits used or requimd in connection with the use ot said real property, all leases o( said re~l pro~xrfy now or ~ herea(ter entered into a~d xll reght, title and interest ot MortRagor themunder, includinR without limitatiun, cash or ~e+vri- ' 1' t ties deposited thereunder pursuant to said leases, and all renis, icsues, proceeds. and protits accruing from s:~id mal property and together with all proceeds o( the com~ersion, ~•oluntary or in~•olunL•~ry of any o: the foreRoing into rish or liquidatefl ~ claima, including without limitation, proceec~s of insurance and condemnation aw~ards (the fore~oing s:~id mal pmpert~~, h, tangible and intnnRible personal propeHy herei~after referreci to as the A9ortQ~Fed Pro~~ertyl. Mori~;:~~or hereby ~r:~nt~c I to Mort~agee a security i~terest in the (oregoin~ descriFxKl tanRible and int~ngible ~~ersonal property. ' 'I'n HAVE AI~ID TO HOLD the :~1ottRaged Yroperty, together with all and singular the tenements, hereditaments and ~ _ - appurtenances thereunto belonging or io anywise appertaining and the reversion and re~~crsions thereof and atl the esiate, ~ right, title, interest, homestead, doNer and right of dower, seEwr.ite estate, possrssion, claim and demand whatsoecer, as j wel! in law as in equity, of Mortgagor and unto the same, ~nd every ~k~rt thereof, with the appurtenan~es o( 111ortRaQor in ~_:ind to the s:?me, .ind e~~ery ~k~n and ~k~nrl thereof unto AtortKa~ee. . ,1.; ;1lortgagor warrants that it has a good and murketable tiNe to un indefc~asible ft>e e~tate in the 111ortR:iKeci Pm~~rh• ~ ubje~•t to no lien, char~e or encumbrance except such as MortgaKee has aRreed lo accept in writing and 14fort~agor coven:~nts that this Mortga~e is and H•ill mm.iin ~:~lid and en(orceable first mortg:~ge on the MortR:~ged Proi~erty subjec•t onh~ b the ` exceptions herein pro~~ided. T1ortAagor has tull pow~er :ind lawful authorit~~ to mortg:~ge the hlortg:~ged Pro~mrty in the _ manner and (orm hernin done or intended hereafter to he done. \Tort~aRor will presen-e such title and w~ill forever ~'arr.int :~nd de(end the s-~me to 14fortRagee and «~ill tore~er warr:?nt :+nd defend the ~•:~lidity and priority of thc lien hereo( aQ:~inst the claims of all E~ersons and parties whomsoe~~er. 117ort~agor w•ill, ~it the cost of 1~tortRagor, and without ex~~ense to ltortQagee, do; execute, acknowleci~e and delicer all and e~•ery suc•h further ;~cts, deecls, com•eyani•es, mort~aRes, .+ssi~nments, notices o( assi~nment, transfers and assunncer, :~s Mortga~ee shall fmm time to time rrquire in order to preserve the prinrity of the lien of this MortRaRe or to (acilit:?te the {~ertormance of the terms hereof_ ~ PROVIDED. HOWF.VER, th:~t if Mort~aRor shall pay to 111ort~aRee the indehtedness in the principal sum n( q ?,000.00 as evidenc-ed by that certain promissory note (the i`ote), ot e~•en date herewith, exec•uted by ~ :1lortgaRor and payatrle to order of MortgaRee, with interest and u~~on the terms as provided therei~, and together w•ith all ~ other sums .?d~-ancecl hy I~1orlKaRee to or on behal( of :4iort~.iKor pursuant to the Note or this !~tortgage, the final maturit~• date ol the Note and this i~tortRaQe beinR Feb 10~ 1483 , and sh:~ll ~~erform all other corenants and } ~~mditions of fhe Note, all o( the terms of which Note are incor~~orated herein by reten•nce as thouRh set fotth fully here- ~ in, and of any renew•al, extension or modifii~ation, thereat ~nd uf this :~1ortRa~e, then this \lortgu~e and the estate herehy ~ ~•reated shall cease and tertninate. , ~ ~1ort~aRor (urther com~enants and agrees with \lortg:~Kec` 31S ~OIIOK'S: ~ ~ I. "To pay all sums, including interest see•ureci herehy when due, ~s provided tor in the Note and any renew•al, extension ~ or m~x~i(ication thereof and in this ~tortRage, all such sums to t?e p~~yable in lawtul money of the I!nitecl tit:~tes of ~lmerira ~ :rt A1ortRaRee's afnrns;~id principal otfii-e, or :~t su~h other place as A1ort~:~Ree ma~~ designate in ~a•ritinR. 2. 'I'o pay when due, and without reyuirin~ any notice fmm ':11ortRaKee, all taxes, assessmen~c of an~~ type or n:~ture : and other charRes le~~ied or assrased a~:iinst the rlortgaqcd Pro~~erty or this ~19ortKaRe and produ~•e receipts therefor u~x~n - - demand_ To immediately pay ancl discharRe any claim, lien or encumbranc~e against the Alortga~ed Yro~~erty whii•h may be - ~ or hec•ome superior to this A1ortRaRe and to permit no default or delinquency on an~• other lien, encumbrance or c~har~f> :~~:~intit the ~1ortQaRed Pro~iectY. ~a 3. 1( required by hfort~aKee, to also make monthly de}x>sits with Alortg:~gee, in a non-interest hearing account, to- Rether wi.h and in addition to intFrest and principal, of a sum eq~al to one-twel(th of th~ yearly taxes and assessments which may 1~ Ie~ied aRainst the t~lortRaRed Property, and lif so reyuired) one-twel(th of the yearly premiums tor insurance ther~n. The umount of such taxes, assesqments and premiums, when unknow•n, shaU be estimated by 1~tortgaRee. Such _ ~ de{w~its sh:~ll he usecl by ~1ortQaRee to pay such taxes. :~c~sments and premium.q when due. Any insufficiency of such - t- a.•pived ~~,~..M ~rt Of Ti~ o.•A O~ Class •'C" IntanObl~/Irso~rlp~op~q ~ . . ~ r,, p<?~<<,ant To Chapa? 71.1iiu /~p1~ Of 1~71. r;;jlc, t ~ - ROQER POtl11/IS ~1z ~~e-r C~rtuif Co~1~t~ $t. L~pf~, Qp,,, z. - - - _ ~~r _ _ - . . . ..z: