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HomeMy WebLinkAbout0419 :~q~1'~~ ~ ~i MORTGAGE DEED AND SECURlTY AGREEMENT T IS OR C:AGF D'~ ( rtRn e), dxtecl o~ January 16 ~ , 19 8, by and 1~elwrrn ~ohn ~es~~si~n~dh~s~~ii~e ~ester, his wife and Stephen A. Misik, Jr. and rances . lhernioatteri•nlled Morigagur) and ,$un Bank Of St. Lucie COl1Rty , huvi~g un otfire nt 111 Orange Avenue, Fort Pierce, . Floridt+ Iheminuttrr ~~allcYf hlortgugeel: W1TNE3SETH, tht~t in conaiderution of the premisea und in o~der to sei•ure the {uiyment ot both thr E~rinci~kil ot, and interest nnd any other aums pa~nble on the note (na hereinn(ter detined) or thia Mortgage und the pe~forma~ce and oh- sen•ance ot all of the provisione hereot and ot suid note, Morlgagor hereby grints, sella, wnrrunta, nliens, cemises, releuxea, conveya, .~aaigne, trnnaters, mottgngea t~nd sets over and con(irn?a unto Mortgngee, nli of 1~1ortRugor's extate, riRht, title und intereat in, to and under :ill that certuin re.~) pro~~erty situate in St . Lueie County, Floridn mom ~~nrticul.~rly d~~~t~a ne touaw~: Lots 15, 16 and 20, Block 6, TUCKER TERRACE SUBDIVISION, ; according to a plat thereof recorded in Plat Book 4, page 54 of the public r~cords of ~t. Lucie County, Florida. ~ . ; RKe~ve~! ~ Ir P~yrr~snt Of Tax» ! ; ` ' = _ - - - , . ~ ~ ~~;-~-~_i ~ F- i_._ : ! Oun On Class InunQIb1~P+~oMlPropwq : ~ ~ u c~ , M E N T A~ r i?u•susnt To Chapt~ 71.13M1„ Ao1~o~ 1071. • • v i: _ ~E~,,t-- : - ! aoo~a Panus ~f . ~ : - =~~y3~•; = fi 0. 0 0 t c~.•? c~n c«,n, sc r- - t~uoM, a~o~.. R~. ~ _ ~ ~ t ' - S TOGETHER WITH atl impro~~ements no~v or here.~tter lo~•ated on ~ed rea) pro~~erty .+nd i~ll (ixtures, applianciw. apparatus, equipmenf, hea!ing and air conditioning equipment, machinery and articles ot personal property nnd replacement thereot (other than those owned by lessees of said real property) now or herea(ter :~ttixed to, nttached to, ~~laced upon, or u.ced in nny way in connection with the complete and comfortable use, occu~~ncy, or operation of ~eid rea) properiy, :ill licenses nnd permits used or required in connecl'eon with the use of said real pmperty, all leases of s~iid real property now or hereafter enteted into and all right, title and in/erest of Morigagor thereunder, including withaut limit~tion, rash or ~~uri- ties deposited thereunder pursuant to said lenses, and ali renta, issues, proceeds, and profits accreiing from s~id real property and together with all pr«eeds ot the conversion, voluntary or involunt~+ry of any of ihe toregoing into cash or liquidateci claims, including without limitation, proceeds of insurance and condemn~tion awarcls (the foregoing said real propert~•, tangible and intangible personal properiy hereinafter referred to as the MortRs~ged Property). MortgaRor hereby grants to MortgF~gee a security intetest in the toregoinR descrihed tangible and inwnRible personal property. 'I'O HAVE AND TO HOLD the 113ortgaged Pro~~erty, together with all and singular the tenenients, heredit~mPnts :~nd ~ppurtenances thereunto belonginR or in anywise appertaining and the re~•e~sion and reversions ihereot and all the estate, . right; title, interest, homestead, dower and right o( dower, separate estate, possession, claim and demand whatsoever, as well in law as in equity, of Mortgugor and unto the same, and every part thereot, with the appurten.inccs of &tortgaRor in and to the same, and every ~~rt and ~mrcel thereof unto 14tortgaRee. Mortgagor warrants that it h:is a good and m:vketable title to an indele.?sible fee estate in the I~lorlgagecl Yro~?erty suhject to no lien, charge or encumbrance except such as Mortgagee has ~greed to acrept in writing and 1~tortR:igor covenartts that this Mortgage is .ind will temain a ~-~lid and entorcrable first mcr!~~~P nn the Mortgaged Property subject only to the exrnptions herein provided. Mortgagor has tull power and lawful authority to mortgage the Mortgaged Property in the manner and torm hetein done or intended hereaffer to be done. Mortga~ar will preserve such title and will torever w:~rrant and detend the same to hiortKagee and will fore~•et w:~rr.~nt ~nd defend the ~:~lidit}• and priority of the 6en hereof :~Rainst the claims oi alt ~~ersons and parties wF~omsoever. Mortgagor will, at the cost of Mortgagor, and without expense to Mort~a~ee, do, execute, aeknowledge and deli~~er aU a~d every such turther a~cts, deeds, conveyances, m~rtgages, as~ignments, notices of assignment, tra~nsfers and assurances a~ ~1lortgagee shall irom time to time require in order to preserve the priority o( the lien oi this ~1lortgaRe or to tacilitate the performance ot the terms hereoL PROVIDED, HO~VEVER, that if ~lortgagor shall ~k~y to 11'Iortgaqee the indebtedness in ihe ptincipal sum of S 40 ~ 00~ • ~0 as eviden~ed by that certain promissory note (the Note1, of even date herewith, executed by Mortg:~gor and I~.~yable to order of Mortgagee, with interest and upon the terms as provided therein, and together N•ith all other sums advance~i by Mortgagee to or on behalf o( ;14ortRaRor pursuant to the Note or this Mortgaqe, the tinal maturity date of the Note and thia Mortgage t?eing MarCYI 13 . 1988 , and shall perform all other co~~enan~s and i•onditions of the Note, all ot the terms of whirh Nate :~re incorporated herein by mtemnce as !hough set forth fully here- in, and of any renewal, extension or modification, therc~f and of this R1ortK.ige, then this ~1ortKage .ind the estate hereby ~•mated shatf cease and terminate. MortgaRor furfher convenants and ,~gree~ with MortgaRee as tollou~s: 1. To pay all sums, including interest secured hereby when due, as provided fQr in the Note and :~oy renewal, extension or modification thereof and in this Mort~age, all such sums to be payable in law(ul money of the United States of America at Mortgagee's atoms~id principal otfice, or at such other place as MortRagee may designate in writinR. 2. To pay when due, and wiihout requiring any notice trom MortgaRee, all tazes, assessments ot any type nr nature ~nd other chargea levied or aa4essed against the htortgaqed Property or thia Mortgage and produce receipts therefor upon demand. To immediately pay and discharge any claim, lien or encumhrance against the Mortgaged Property K•hich may be or hecome superior to this Mortgaqe and to F~ermit no default or delinquency on any other lien, encum~rance or charge :~~t:~inst the Mortgaged Property_ . 3. If required by MortgaRee, to also make monthly de~~osits with Atort~Cagee, in a non-interest l~eating account, to- gether with and in addition to interest and princi~~al, ot a sum equal to one-tweltth of the yearly tnses and assescments which may be levied againat the Mortgaged Property, and lit so required) one-tweltth of the yearly premiums for insurance theteon. The amount of such taxes, as,4essmenta and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by MortRaRee to pay such~ faxes, axsessments and premiums when d~~e. Any insu(ticiency ot such , ~ , . : : , . -1- . C.;RUL FORE ~ ~S . . _ , . , . r_i"iI~A