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HomeMy WebLinkAbout0609 . 3y~17y ~ ~ MORTGAGE DEED AND SECURITY AGREEMENT THI3 MOR'PGAGC DEED (the Mort~ta6e), dated as of March 8, ,~g7~ , t?y ~~nJ between Clyde C. Clay and Margaret E. Clay, his wife (hereina(ter cnlled Mortgegor) and SUA Bank Of St. LUCl@ COWlt~? , having un o[tice nt 111 Orange Avenue, Fort Pierce, . Florida (hereirustter i•~itled Morig+iRee): WITNE33ETH, that in consideration of the premises and in otder to secure the pxyment of both the principal of, aRd interest and any other suma payable on tbe note (AS hereinafter defined) or this Mortgage and the pertormence and ob- aecvanee of all of the provisions hereot and ot said note, Mortgagot hereby grants, sells, warrants, aliens, remiaes, releaaes, i conveya, assigns. trensters, mortgagea and aets over and contirms unto Mortgagee, all ot Mortgagor s estate, riRht, title and interest in, to and under at1 that certain real property aituate in St . Lueie ('ounty, Floridu more ~?rti~~ula~ly described ua tollows: ~ ~ ; ~ ~ Lot 39, Block 54, Indian River Estates Unit 8, according to the Plat ~ thereof as recorded in Plat Book 10, page 73 of the Public Records of ~ St. Lucie County, Florida. ~ S _ T ~ T t- ~ i ~ l F ~ ~ _ 1 r' . ~ Recsh?ed • . ~'O ~ ~ : i '.'.'3 • . ~ - ' ' ~ Due O~ Cias P~Y~rNrit OtTa~ ~ ~ S ..C.. ~nts ~blsP~~Pir~pp~M ~ ~E= ~ t.c . ,L ~f Pu~suant T~ rh ~ ~D ~ ~ ~ " t ~ , - - ~ , , _ _ ~ ~ ~J. l~ :i j aDter 34. ACt~ Of 1~71. - "A ' To~e ~ ~ ~ , 1~,.. ~ ROGER Pq -r ~ ~ _ - ~ Cle?M CnCUl1 COUrj, St. d~ LUCir, 4'Q., T(~ETHER WITH all improvementa now or hereatter locnted on said real property a~d afl (ixtures, appliances, apparatua, equipment, heating and air conditioning equipment, machinery and articles oi peisonal property and replacement thereof (other than those owned by leaseea of said mal pmperty) now or hereattet affi:ed to, attached to, placed u{wn, or used in any way in connection with the complete and comfottable uae, occupancy, or operation ot said real property, all licenaea and perraits used or required in connection with the use ot said reai property, atl leasea ot said rea! ptoperty now or hereatter entered into and sil right, titie and interest of Mortgagor thereunder, including without limitation, cash or securi= ties depoaitcd thereunder pursuant to said leases, and all renb, issues, proceede, and profita accruing irom said real property and together with all ptoceeds ot the conversion, voluntary or involuntary of any ot ihe (orngoing into cash or liquidated claims. including without limitation, proceeds of insurance and condemnation avrarda (the toregoing said rnal property, tangible and intangible petsonal property hereinatter referred to aa the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing deacribed tangible and intangible peraonal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, heredit:~ments ~nd appurtenancea thereunto belonging or in anywise appertaining and the revetsion and reversions thereof and all the estate, right, titie, interest, homestead, dower and right ot dower, separate estate, possession, claim and demand whatsoever, as well in law as in equity, of Mortgagor and unto the sAme, and every part thereof, with the appurtenances ot Mortg.~gor in artd to the same, and every part and parcel thereof unto MortgaRee_ ~ Mortgngor warrants that it has a good and marketable tiUe to an indeieasible (ee estate in the Mortgaged Pro~~erty subject to no lien, charge or encumbrance ezcept such as Mortgagee hs~s agreed to vccept in v?riting and Mortgugor covenants that t6is Mortgage ia and will remain a valid and entorceable first mortgage on the Mortgaged Property subject only to the exceptions herein provided. Mortgagor has full power and lawful authority to mortgage the Moregaged Prol~er~y i~ the manner and form herein done or intended hereafter to t?e done. Mortgagor wil) presen~e such title and wili torever w:~rrant and detend the same to Mortgagee and will forever warrnnt :~nd defend the validity and priority of the lien hereof aRainst the claims of all pereons and partiea whomsoever_ MortRagor will, at the cost ot Mortgagor, and without expense to Mortgagee, do, execute, acknowtedge and deiiver all and every such further acts, deeds, comeyances, morigages, a~ignments, notices of assignment, lranafers and assurances as Mortgagee shall from time to time require in order to presen•e the priority ot the lien ot t6is Mortgage ot to tacilitate the perlormance of the term9 hereof. PROYIDED, HOWEVER, that if hlortgagor shall ~kiy to _ Tior,tgegee the indebtedness in the principal sum ot a 10 f 000_ 0~ as evidenced by ihat certain promissory note (the Note), of even date herewith, executed by htortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all other sums advanced by Mortgagee to or on behalf of MoRgagor ursuant to the Note or lhia Mortgage, tbe tinal maturity date of the Note and thia Mortgage being April 15, 198~ , and shall perform all other covena~ts and conditions ot the Note, a)! of the ferma of which Note are incorporated herein by mterence as though set forth tully here- in, and ot any renewal, e:tension or moditication, thereof ~nd of this Mortgage, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further convenante and agreea with Mortgagee as follows: 1. To pay all sums, including interest aecured hereby when due, as provided tor in the Note and any renewal, extension or modi(ication thereof und in this Mortgage, all such sums to be payable in lawtul money of the Unitcd States of Americ:~ at Mortgagee'a atoresaid principal office, or at such other place as 11'Ioriga~tee may desigrwte in writinR. 2, To {x~y when due, and without requiring any notice from Mortgagee, all taxes, aesessments ot any type or nature and other cbarges [evied or asseseed against the Mortgaged Property or this lblortgage and produce receipta theretor u{wn demand. To immediately pay and discharge any claim, lien or encumbrance against the Mottgaged Property which may be or become euperior to thia Mortgage and to permit no detault or delinquency on any other lien, encumbrance or charge :igainst the Mortgaged Property. 3. It required by Mortgagee, to also make monthly deposita with Mortqagee, in a non-inteteat bear+ng account, to- gether with and in addition to interest and principat, of a sum equa! to one-twelfih of the yearly ta:ee and asseasmenta which may he levied ageinat the MoTigaged Property, and (it so required) one-tvreltth ot the yearly premiums tor insurance thereon. The amount of such tazes, aseessments and premiuma, when unknown, shall be estimated by Mortgagee_ Such de{xieits ahal! be wed by MortgaRee to pay such taxes, axReasmenta and pretniums when due. Any insuf/iciency of such fih t~,st•~,. • . SUN ~'~~t G~ ';Y ~:,r:~ _ -t- f~%•.;;r.:.Y , . - f1Q ~r CAROL FORE . B'?CK .~„Oe~ f'Ai,~ ~l~V ~12 S. ;;i. • i_:,i ~~_ci~t, Ftli:liJA