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HomeMy WebLinkAbout0428 :~~~2a~s1 ~ ~ MORTGAGE DEED AND SECURITY AGREEMENT ~ TH1S MOR7Y;AGk DIsF.D ~the Mortgr~ge), dutcd t~. ot January ~Q~, hy f,etwrrn E. J. Fair (hereinatter c.illed Mortgugu~) and Sun Bank O~ $t. Lucie COL1Aty , huring :~n o((iceut 111 Orange Avenue, Fort Pierce, , Hlari~i:~ (heminufter~•ullec! MortR~~K~I: WITNE33k'TH, that it? cc~nsideration of the premises nnd in order to secure the ~~.~yment of twth the princi~k~l of, nnd interee! nnd any other auma payable on the note laa hereinafter defined) or thia Mortgnge nnd lhe pertormance and ob- servance ot nlt ot the proviaiona hereo[ And ot s.1id note, Mortgagor hereby grunts, aells, warrnnta, nliens, remises, re1e.?ses, con~•eys, s~igt~s, tranafera, mo[tgages vnd sete avet and confirtna unto l~tortgtige~e, ull ot Mortgugor a estate, riRht, title t~nd inteteat in, to and under i~ll ths~l certain real pm~~crty situatNin _Rt Lurle (~ounty, Florid:i more ~x?rli~•ularly descrihed as follows: Lot 6, Block "O", according to the resubdivison of plat of said Block "O" of ALAMANDA VISTA SUBDIVISION to the CITY OF FORT PIERCE, f FLORIDA, as recorded in Plat Book 7, at page 40, of the public ~ records of St. Lucie County, Florida. _ _ ~ ~ ~ ~ Rsc~lwd t ~ M Itiyn+~K Ot T~oN ; Y A,~T ~ T ~ F ~ L, : v± .1 : t a,. o~ c~ass » ~awh,,ov.~q~ ` ~ t:~ M Y t~: ~ K Y pu~suam To Ch~w 71 1a4 11ob Ot 1~71 : ~ ;~r~~ ~ ~t~., ~ . . p . ~ ` - _ . ;3~; re''~~''='''~' ° C ~J D I RO(i~R POITRAS ~I '`St = e8 - ` ~ ' _ j CNr? C1rcult Cowt, SL t~.'r.i~, Co - r+ - , - ~ ; ~:.s+•`~--- - - c-~ ~ _ T(~ETHER WITH nll impror•ements now or hereatter 1«•ated on s:~id re.i! pro~~erty :~nd ~Il tixtures, .~pplian~rs, ap}k~ratus, equipment, heating and air conditioning equipment, machinery and articles o[ personal property and mplacement ihereof (other than those owned by lea9ees of said mal propertyj now ot hereatter :~((ixed to, attached lo, placeu upon, or used in any way in connection with t6e complete and comfortable uxe, occuµ~nc•y, or operrition ot said rea! property, <ill licenses and perntits used or required in coneection with the use ot said real property, all leases of said real property now or hemafter entered into and all right, title and interest ot Mortgagor thereunder, including without limitation, c.~.sh or securi- ties deposited thereu~der pursuant to said leases, and all rents, issues, proceeds, and profite accruing trom said mal property and together with all prmeeda of the conversion, ~•oluntary or involuntary o( :any of ihe foregoing into cash or liquidated claems, including without limitation, pra.~eeds ot insurance and condemnation awards (the foregoing said real property, tangible and intangible personal pmperty herniru~fter mterred to aa the Morigaged Property). 114ortgxgor hereby Rrantti to Mortgagee a security interest in the foregoing desc•rihed tungible and int~3ngible personat property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, heredit.iments :ind appurtennnces thereunto belonging ot in anyv?ise appertaining and the re~•ersion and rnversions thereof and all the estate, riqht, title, interest, homestead, dower and right of dower, separate estate, posaession, claim and demand whatsoe.~er, as well in law as in equity, of Mortg.igor and untn the s:~me, and e~•ery par~ thereof, v~•ith the apputten~nces ot MortgaRor in :~nd to the same, and e~~ery ~k-~rt and ~u~rcel thereof unto MortR.iRee. Mortgagor v?arrants that it tws a gotid and m:irketuble title to an indeteasible fee estate in the MortgaRecl Yro~?erty Quhject to no lien, charge or encumbrance except such as 1lfortg~g¢e has agreed to accept in writing and Mortgagor rovenants that this Mortgage is and will temain ~ valid and enforc-eable first mortgage on the Morlgaged Property subject only to the exceptiona herein provided. Mortgagor has full power and iawtul authority to mortgage thc Mortgaged Property in the msinner and form herein done or inte~ded here~fter to I~e dooe. A~ortgaRor will preserve such tide and wiU forever warrant and detend the same tn MortRagee and wiU fornver warrant and defend the validity and ~~riority of ihe lien hereof aRainst the claims ot all persons and partiea whomsoever. Mortgagor Nili, at the cost of Mortgagor, and without expe~se to MorfA~~Ree, dn, exerute, aoknowledge and deli~~er all and every such further ncis, deeds, conveyances, mortgages, ~~ignments, notices of assiRnment, ttansfers and assurances as Mortgagee sha11 tmm time to time rc~uire in ordet to presen•e the priority of the lien of this MortgaRe or to tacilitate the per(ormance of the terms hereot_ PROVIDED, HOW~VER, ttwl it Mortg.~gor shall {niy t~~ MortRagee the indebtedness in the principai sum of ~ 17, d~d• :~s evidenced by that certain promissory note (the Note?, of even date herewith, execvted by Mortgagor and ~wyable to order of Mortgagee, with interest artd upon the terms as provided therein, and together with ail other sums advanced by 114ortgagee to or on behalf ot Mortgagor pursu:+nt to the Note or this Mortgage, the final maturity date ot the Note ~nd this Mortgage being Mareh 10, 198$ , and shall perform all other covenants and conditions o! the Note, all ot the terms o[ which Note ure incorporated herein by reference as though set forth fully here- in, ~nd of any renewal, extension or modi(ication, thereo( ~nd o~ this RtortRaqe, thPn this MortRage and the estate hernby ~•reated shall cease ~end terminate. Mortgagor further convenants and agrees with Alortgagee as tollows: 1_ To ~wy all sums, including interest eecured hernby when due, as provided for in the Note and any renewal, extension or modification thereof and in this MortRage, a!1 such sums to be ~yaMe in i..wful money of the Llniteci States of America at MortRagee's a(orest~id principal ofiice, or at such other place as ht~rtgagee may designate in writing. 2. To pay whee due, and without requiring any notice (rom b4ortgagee, all taxes, ~~sessments of any type or nature ; :~nd other charges levied or assessed against the htortgaged Property or lhis Mortgage and produc•e rei~eipts therefor upon demand. To immediately p:?y and discharge any claim, lien or encumbrance against the Diortgaged Property which may be or hecome superior to this MortgaKe and to permit no detault or delinquency on anr other lien, encumbrance or chattte aRainst the Mortgaged Property. - 3. It requirecl by MorlgaRee, to also make month)y de~~osits with ~lortgagee, in a non-interest bearing accounl, to- 3 gether with and in addition to interest and principal, o( a sum equal to one-twel(th of the yearly taxes and asseasments which may be levied against the Mortgaged Property, and (it so requiredl one-twelfth of the yearly premiums tor insurance thereon. The amount of such taxes, assesements and premiums, when unknown, shall be estirrtated hy MortgaRee. Such ' de~„~sita shall be used by MortgaRee to p:iy such taxes, asswssments and premiums when due. Any insutficiency ot such :i ' tl ~t ~ . _ ~tZi'+K ~ i . s f