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HomeMy WebLinkAbout0695 • r.rvv v ~ 7 MORTGAGE DEED AND SECURITY AGREEMENT ~ ~ . } THI3 MUI2T(iAGE DBED (the MorisaKe), dxtrd na ot ~Trlnuary 12 i , 1~78 , try :~nd l~rtwran ( LAWRENCE ~i. HAMMETT, III and DONNA M. NAMMETT, his wife ~ (hereinatter cnlled Mortgugor) ~+nd SUN BANK OF ST. LUCIE COUNTY h.iving un + o(tice at FORT PIERCE , Floridn (hemiru~fter c:+lird MortK~~R~): 1~ITNE33E'I'H, that in considerntion ot the premisea and in order to aecure the payment ot both the princi~xJ ot, and interest and any other sums payable on the note (~+s hereinafter detined> o~ this Mortgage und the per(ormance and ob- aervance of all of the provisions hereot nnd of said note, Mortgngor herehy grants, eelis, warranta, nliens, rnmises, releases. conveya, assigns. trans(ero, mortgagea and aeb over and confimns unto Mortgage~, nll ot Morigugors estute, riRht, title and interest in, to and under all that certain reul properly aituatein St. Lucie (~ounly, Floridn more ~?urticularly described as follows: Lots A and B, Block 13, QUEENS COVE UNIT 1, as recorded in Plat ~ Book 11 at Page 12B and 12C of the Public Records of St.~Lucie _ ~ County, Floirda. ; ~'T ~ C 'r~- I ~ -J • ~ Receivsd a ~-~-In Ptyment Of TaxM i•J S7 V ME N R Y; _ S T!> M e_...`. 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J O ~ R~ ~TR~ ~ 1 ~_~a ` - i ca.~ c~wx coun. st. t~.. oo.. m _ i t r~~~-------~- ~ a - '!'O('ETHER WITH all improvementa now or hereafter located on s:iid reul pro~~erty and aIL tixtures, :~pplinn~•es. ~ppuratus, equipment, heating and air conditioning equipment, machinery und nrticles ot peraonal pmperty c~nd replacement thereot (other than those owned by lesaeea of said real pwperty) now or hereatter atfi:ed lo, attached to; {~laced upon, or used in aay way in connection with the complete and comtortable use, occupancy, or operation of said ma! properiy, :ill licenses and permits uaed or required in connection with the use of said rnal property, all leases of said mal proper!v now or herea[ter entered into and al) right, title and interest o( Mortgagor thereunder, including without limitation, cash or securi- ties deposited t6ereunder purauant to said leases, and all rents, iasues, proceeda. and profits accruing (rom suid real property ~nd together with all proeeeds o( the conr•ersion, volunlary or involuntary ot any ot the torrgoing into cash or liquidz+ted claims, including arithout limitation, proceecls of insurance and condemnation awards (the foregoing said mal property, tangible and intangible personal property hereina[ter reterred to as the Mortgaged Properiyl. Mortgagor hereby Rre~nts to Mortgagee a security interest in the (oregoing described tangiAle and intangible personal property. TO HAVE A1~D TO HOLD the l~iortg:iged Pro{~erty, together with all and singular the lenements, heredit:~ments :ind :?ppurtenances thereunto belongin~ or in anywise apperiaininq and the reversion and reversions thereof and all the estate, right, title, intereat, homestead, dower and right ot dower, separate estate, ~ssession, claim and demand wh:itsoever, as well in !aw as in equity, of 1liortgagor and unto the same, and every ~rt thereof, with the ~ppurtenances of Mortgagor in and fo the xame, and every part and ~~:~rcel ihereof unfo 1~tortgaRee. htortg~tgor warrants that it has a good and marketable title to an indefeasible tee estate in the MortgaRecl Ym{~erty subject to no lien, charqe or encumbrance e:cept such as Mortgagee has agmed to accept in writing and Mortgagor rovenants that this Mortgage is and will remain a valid and enforce~ble first mortgage on the Mortg:~ged Property subject only to the i exceptions herein provided. Mortgs~gor hus full power and lawful authority to morigage the Mortgaged Pmperfy in the manner and form heiein done or intended hereafter to be done. MortgaRor will presen~e such title and will forever warrant ~ and defend the same to Mortgagee and will fomver warrnnt and defend fhe validity and priority of ihe lien herec~( aRainst the claims ot all persons and parties whomsoever. ! Mortgagor will, at the cost of Mortgagor, and without e:penae to Morigagee, do, eYecute, acknowledge and deliver all t und every such further acts, deeds, conveyances, mortgaRes, assiRnments, notices ot assignment, transfers and nssurances as t Mortgagee shall from time to time require in order to prc~en•e the priority ot the lien of this 111ortgaRe or to facilitate the x performance o( the terms hereof. ~ PROVIDED, HOWEVER, that if MortQagor shall ~kiy to MortgaRee the indebtedness in the princi~) sum ot ~ E 11. . ~0 as evidenced by that certain promissory note Ithe Note), of eve~ date herewith, executed by ~ Mortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all ~ other sums ad~•anced by Llortgagee to or on behalf o( Mortgagor pursuant to the ti`ote or this Mortg~ge, the final maturity o- date of the Note and this Mortgage being `Tan ~L~3Y~ 2 5 f 1 4$ ~ . ~n~ 5~~~ per(orm all other co~•enanls aud ~ conditions of the Note, all ot the terms of which Note are incorporated herein by mference as though set forth fully here- ~ in, and oi any renewal, extension or moditication, thereot and of this MortQage, then this Mortq~ge and the estate hereby ~ created shall cease and terminate. _..K ~ Mort~cagot further convenants and agrees with Mortgagee s+s (ollows: ~ ~ 1. To pay all sums, including interest secured hereby when due, as provided (or in the Note and any renewal, eztension ~ or moditication thereof and in this MortKage, all such auma to be{kyable in lawtul money of the United St~tes of America ~ at Mortgagee'a a(omsaid principal office, or at such other place as A4ortgagee m.~y designate in writing. ` 2. To pay when due, and without requiring any notice (rom Morigagee, all taxes, as.9esaments ot any type or rwture - und other charges levied or assea.ged against the Mortgaged Property or this Mortgage and produce receipts therefor upon demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be 4 or become auperior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge ~ :~R~inst the Mortgaged Property. ~ 3. It required by Mortgaqee, to also make munlhly deposita with Mortgagee, in a non-interest bearing account, to- : gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly ta:ea and aseessments which may be levied against the Mortgaqed Property, and lif so required) one-twel(t6 of the yearly premiums for insurance thereon. The amount o( such taxes, assessments nnd premiuma, when unknown, shall be estimated by Mortgagee. Suc r depoaita ahall be u.ged by MortRaRee to pay such taxes, as.sesaments and premiunu when due_ Any insufficiency ot s~ch ~ ~ -1- ~ ~ 600K 2~~ PAGE 6~4 ~ ~ ~ ~ ~ ~ ~ - ~ _ - _ - - - - - _ ~ 3 . _ _ . , _ . . _ r _ ~ ~.~r _G.~ ~ ~