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Home My WebLink About0354 ~z~~ ~ . MORTGAGE DEED AND SECURITY AGREEMENT ~ THIS MORTGAGE DF.~O (the Mortgage), dated as ot January 2Q , 1818, by t~nd tietween A. ROBERT STEWART AND JESSIE W. ST~IART, his wife Ihereinutter culled Mortgugor) i~nd SUN BANK OF ST. LUCIE COUNTY , havinq .~n o(tice ut 111 Orange Avenue, Fort Pieree , Flo~icla (hereinufter ctdled Morlgugee): WITNE3SETH, that i~ considerntion ot the p[emiaes and i~ order to aerure the pxyment of both the princi~x~l ot, nnd interest and any other aums payable on the note (as hereinatter detincd) or thin Mortgage and the performance nnd oh- servance ot all ot the provieione hereot and of nuid ~ote, Mortgugo~ hereby gcants, eella, warrants, aliens, remises, relei~ses, conveya, aseigna, trana(era, mortgages and seta over nnd contirms unto Mortgagee, all oF Motlgagor s eatate, riRht, titie and interest in, to and under all that certain rna) pro{~erty aituatc in St - I.L1C1t' County, Flurid~ more ~x~rticula~ly deacrihed aa tollows: Beqin at a point on the northerly line of Tumblin Kling R~ad, - which point is 100 feet East of the intersection of the North Line of Tumblin Kling Road with the East line of Palm Avenue; run thence East on the North line of Tumblin Kling Road 200 feet to a point; thence run North 270 feet to a point; thence I run West 200 feet to a point;thence run South 270 feet to point of beginning; said premises are in the E~ of the NE~S i of the SE~S of Sec~t~~~ "~3, Township 35 South, Range 40 East. S-; ATE ~~U~-? ~r~ . UO~_ UMEt~t'AR' S?:; 1/: ~~'v~ j~ , ~ R~~d • N A~11t 01 T~eM U i r'! J G r ~ Y E:~ JE , ~{le 011 C?~~ ~fl~ ~'1'~r f:r 1 ~ ~ y . ~ ~ ~ AN~uMM ?O CheptK 71,1~4, A~0l~ Of 1. pb v - - - ' ROtiElt r011R/?8 ~ . CNri~ C~uN CourL S~ LucM. Co..~ 1'O('ETHER W[TH nll improvements now or hernatler located on said real property and al) tixtures, appliances, appamtus, equipment, heating and air conditioning equipment, machinery und articles ot personal property and repiacement thereof (other than thoee owned by leaseea o[ said rnal property) now or herea(ter at(ixed to, altached to, placed upon, or used in any way in connection with the complete and comfortable use, occupancy, or operation of said real property. :+11 licenses and permits used or required in connection with the use ot said real property, all leases of said real property now or hereatter entered into and ail right, title and interest ot Mortgagor thereunder, including without limitation, cash or sei~uri- ties deposited thereunder pursuant to said leases, and all rents, issues, proceeda, an~ profits accniing trom said real property and together with all proceeds ot the com~ersion, voluntary or involuntary ot any of the toregoing into cash or liquidated claims, including without limitation, proceeds of insurance and rnndemnation awards (the foregoing said mal property, tangible and intangible personal property hereinafter referred to as the Mortgaged Property). Mortgagor hereby RraMs to Mortgagee a security inlerest in the (oregoin~ describec! tangible and intangible personal property_ 'I'n NAVE AND TO HOLD ihe Mortgaged Pmperty, fogether with all and singular the tenements, hereditaments and ap{>urtenances thereunto belonging or in anywise ap{~ertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right ot dower, separate estate, ~~ossessio~, claim and demand whatsoe~~er, as well in law as in equity, ot 1Vlortgagor and unto the same, and,every part thereot, with the appurtenances ot Mortgaigor in I and to the same, and every part and ~~rcel thereof unto Mortgagee. • 11'Iortgagor warrants that it has a good and marketable tiNe to an indefeasible fee estate in the MortRaRed Pm~~erty i subject to no lien, charge or encumbrance ezcept such as Mortgagee has agreed to accept in writing and Mortgagor coti~enants f that this Mortgage is and wiU remain a valid and en(orceable (irst mortgage on the Mortgaged Property subject only to the ~ exceptions herein provided_ Mortgagor has full poM•er and lawtul authority to mortgage the Mortgaged Pro{~erty in the ~ manner ~nd torm hemin done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant ~ and detend the same to Mortgagee and will fore~~er warr~nt and defend the v~lidity and priority of the lien hereof ~Rainst , the claims o( all persons and parties whomsoever. E Mortgagor will, at the cost of Mortgagor, and without e:pense to Morig.igee, do, execute, acknowledge and deliver all ~ and every such further acts, deeds,_conveynnces, mortgages, assignments, notices of assignment, transfers and assurnnces as ° Mortgagee ahall from time to time require in order to preserve the priority o( the lien of this MortgaRe or to (acilitate the ~ performance of the terms hereof. PROVIDED, HO~YEVER, that it 141ortgagor shall pay to I1lortgagee the indebtedness in the principa! sum of E 30.000.00 ;~s evidenced by that certain promissory note (the Note), ot even date herewith, executed by biortgagor and payable to order of biortgagee, with interest and u~wn the terms as pro~~ided therein, and together with all other sums advanced by b4ortgagee to or on behalf of Moctqagor pursuant to the Note or this Mortgage, the final maturity date ot the Note and thia Mortgage being , and shall per(orm all other covenants and conditions o( the Note, all of the terms of which~Note are incorporated herein by mterence as though set [orth (ully here- ~ in, and of any renewal, e:tension or moditication, thereof and of this MortR:~ge, then this Mortgage and the estate hereby ~ created shall cease and terminate. 1Nortgagor further convenants and agmes with blortg~gee as follows: ~ ~ 1. To pay all sums, including interest secured hereby when due, as pmvided (or in the Note and any mnewal, extension _ or modi(ication therec~( and in this A9ortgage, all such sums to be payable in lawful money o[ the United States of America - _ at Mortgagee's ator~said principal officP, or at such other place as ~Vlortgagee may deaignate in writing. ~ 2. To ~~ay when due, and without requiring any notice (rom Mortgagee, all ta:es, assessments of any ty~~e or nature ~ ~ and other chArges levied or aasc~s.ged against the Mortgaged Property or this Mortgage and produce receipts theretor upon ~ demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be ~ or become superior to this 1liortgage and to permit no default or delinquency on any other lien, enc~mbrance or charge ' ~ against the Mortgaged Property. t ~ 3. If required by Morigagee, to also make monthly deposits with Mortgagee, in a non-interest bearing account, to- ~ gether with and in addition to interest and principal, o[ a sum equal to one-tweltth of the yearly taxes and assessments which ~ may be le~ied against the Mortgaged Property, and (i( so required) one-twelfth ot the yearly premiums (or insurance thereon. The amount ot such taxes, aseeasmenta and premiums, when unknown, ahall be estimated by Mortgagee_ Such deposits shall F~e used by MortRaRee to pay such taxes, aASessments and premiums when due. Any insu(ficiency of such ~ } ~ ~ s ~ ' ~ aooK 281 PAGE 353 ~ ~ ~ . _ m.~_ _ _