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HomeMy WebLinkAbout0434 39~182 , ~ ~ MORTGAGE DEED AND SECURITY AGREEMENT ~ TkiIS MURTGAGE D~kD Ithe hlortguge), dutcd as o[ January lg ~ . ~y7~ . ~,y ;~n~ i~rtwern Marcel F. 8ergeron and Karen G. Bergeror.., his wife Ihereinutter c~lled MoHgi~gor) t~~d Bank Of $t. Lueie County , havinK s~n of(ice at 111 Orange Avenue, Fort Pieree, . Florida Iheminuttcr ~•ullecl M~~rtRaRc~r1: WITNE3S~'TH, lhnt in ronsiderntion oi the premiriea nnd in onier to secure the }~ayment ot twth the princi~ml ot, nnd intereat nnd ahy other auma pnynble on the note (t?e hereinatter detined) or this Mortgage and the pertormam•e and oh- senrance ot all of ihe provisiana hereot nnd ot anid note, Mortgagor hernby gtants, aells, warrants, nliens, remises, rele:+ses. com•eya, seeigns, trnnatera, mortgagea and ~eta over And contirms unto !1lortgAgee, all ot MortgnRora esfnte, riRht, title a~nd intereat in, to aod under nll that certain mal pro~?rrty situatein St. LUC1@ (`ounty, Florida more ~~nrtii•ularly described na follows: The West 40 feet of Lot 9 and all of Lot 10 and the East 30 feet of Lot 11 all of Block 10 of Regina Palm Subdivision, as per plat thereof on file in Plat Book 4 at page 82 of the public records of St. Lucie County, Florida. / - _ - - - . - R°n~ved ~ ' ~ M P~t Of Ta~ r~ Y , r~,T ~ : ~ c: ~ i` r : ~ . ~ Dus On Class ••C.. irtte~pibt~ pw~on~lPirop«h R~r9uan T ~ ~ • ; : ~ _ ~ st+l',f ~t'::k.~ ; t;, . ~ ~ o Cnepc~.71. 1 a7t. ~ ~ . : E i~rf , - ; ROGER POI1pAg ~ ' A ' r8 _ 'R.~J ~t..r.r'~f`~ ~ V o O ~ C~~k CI~U1~ wy~. ~t. l{wr~~ v~M ~ ~ _ " f 1 'I'O('ETHER WITH aN impro~•ements now or hema(ter located on s:iid real ~aroperty and all Iixtures, appli:~nces, apparatus, equipment, heating and ~ir conditioning equipment, machinery and ~rticles ot personal property ~nd m~~lacement thereof (other than thase owned by lessees of said mal property) now or herea(ter a[fi:ed to, att~~ched to, placed upon, or used in any way in connection with the compiete aind comfortable use, occu{uincy, or operation o( suid teal property, :~11 lic~n~ ar.d ~serrreits tss..~ re~~~i*~ in rnnnPCtion with the use ot said rea) property, a~i) leases of said teal pm~~erty now or hereatter entered into and all right, title and interest ot Mortgagor thereunder, ~,t?cluding without limitation, cash or sec~ri- ties de~x?sited thereunder pursuant to eaid leases, and all renb, issues, proceeds, nnd profits accruing from said real property and togetber with all proceeds of the cnnversion, voluntary or involuntary of any ot the foregoiwg into cash or liquidated claima, including without limitatioo, proceeds of insurance and condemtu~tion awards (the fotegoing said mal ptopert~•, langible and intxngible persona! pm~~erty herninniter referred to as the Morlgaged Property). Mortgagor hereby ~r.~nts to Mottgagee a security inlereat in the (oregoinR descrified tangible and in4-~ngible personal property. TO HAVE AND TO HOI.D the Mortgaged Pro~~erty, together with all and singutar fhe tenements, hereclitcimetiEs :+nd appurtenances thereunto helonging or in anywise ap{?ertaining and the reversion and reversions thereof ~nd all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and demand w~hatsoever, as well in law aa in equity, of Aiortgagor .~nd unto the same, and every part thereof, with the appurtenances of 11'Iorigagor in and to the same, and every-part and ~wrcel thereot unto Mortga~ee. htortgagor warrants that it has a good and marketable title to an indefe~isihle iee estate in the 141ortguged Ym~~erty subject to no lien, charge or encumbrance except such as l~iortgagee h:~s agreed to accept in writing ~nd Mottgagor co~•enants that this Mortgage ia and will remain a valld and entomeable first mortgaqe on the Mortq:,Red Pro~eny subject only to the . eaceptiona herein provided. Mortgagor has tull power and lawful authority to mortgage the Mortgaged Property ir. the m~nner and form herein done or intended hereafter to t~e done, Mortga~or will presen•e such title ~+nd will forever warrant and detend the same to MortR~Bee and wilf fore~~er warr:~nt and defend the validity aod priorityo ut the lien herc~f aQainst the i•laims o[ all peraons and parties whomsoe~•er. Mortgagor wilt, at the co_at oi Mortgagor, and without expense to Mortg:igee, do, execute, acknowledge and deliver all :ind e~•ery such further aets, deeds, con~•eyances, mortK~+Kes, assignme~ts, notices of assiqnment, trans(ers and assurances as r~ortga~ee shall (rom time to time require in order to presen•e the priority of the lien of this Mortgage or to fncilitate the performance of the terms herec~f. PROVIDED, HOWEVER, that i( illortgagor shall lxiy to Mortgagee the • indebtedness in the princip:+l sum ot E~-Q~,R~00. 00 as evidenced by that certain promissorv note (the Note), of e~~en date heteK•ifh, execuled by Mortgagor and p:iyable to order of Mortgagee, w~th ieterest and upon the te~n.q as provided therein, and toRether Kith all other sums advanced hy Mortgagee to or on behalf of Mort agor utsuant~o the Note or this Mortgage, the tinal maturity date of the Note and this Mortgage twine February .2~ ,~993 , and shall perform all other covenants :ind conditions ot the Note, all ot the ternis of which I\ote are encorpor.ded herein by reterence as though set forth fuily here- in, and of any renewal, eatension or modification, thereot and of this Mortg~ge, then this ;Nortgage and the estate hereby ~•reated shal! cease and terminate. ~tortQaRor further convenants and agrees with MoNlt•~gee :~s tollows: 1_ To pay all sums, including interest eecured hereby when due, as provided for in !he Note ~nd any renewal, extension or modification thereo! and in this Mort~age, all such sums to lie pa_ynhle in lawful money of the Linited States of America at MortgaRee's aforesaid princi~~l office, or at surh other place as 11Zortgugee may designate in writing. 2. To pay when due, and without reyuiring any notice (rom Mortg~gee, all taxes, as.sessments ot any type or nature and other chargea levied or assessed against ihe Mortgaged Property or this Nlortgage and produce receipts therefor upon demand. To immediate{y pay and discharge any c[aim, lien or encumbrance against the ?~lortgaged Property which may be or become superior to this Mortgage and to permit no delault ~r delinquency on any other lien, encumbrance or charge aRainst the Mortgaged Yroperty. ~ 3. If required by 'NortgaRec, to .ilso make monthly deposits with 11ortRagee. in a non-interest tiearing account, to- Rether with and in addition to interest and principal, o( a aum equal to one-twelfth of the yearly taxes and assessmenta which may he levied against the Mortgaged Property, and lit so required) one-twellth of the yearly pmmiums for insurance thereon. The amount of such taxea, asseasments and premiuma, when unkaown, shall be estimated by 14~o~igaRee. Such deposits sha!! be used by MortRaRee to pay such taxes. :i~essments and premiums when due. Any i~Ufficiency ot such ~ ~ ' r,,.~~~,c_ 80~K~V1 PAGf . . . . .