Loading...
HomeMy WebLinkAbout0657 a~3 ~ClJGV V G~ / MORTGAGE DEED AND SECURITY ~AGREEMENT~ ~ r THIS MORTGAG~ DF.F.O Ithe Morigagel, dnted us of Feb. 2~ , lg 7~ , by i~Rd betwc~cn RAINER KAMINSKI AND ELKE KAMINSKI, his wife lherninaUer called Mortgugor? und SUN BANK OF ST. LUCIE COUNT'Y , tu~ving t~n o[tice t~t ill Orange Ave. ~ Fort Pierce, . Ftoriciu Ihe~eina~fter called hfortR~R~1: WITNE33ETH, tht~t in ronsiderntion o( the premiaee a~d in orde~ to secure the ~x+ymenl of both the princi}x+l of, und intereat and any other sums payable on the note (us hereinatter detined) ot thia Mortgage and the pertormance ~nd oh- aervance of all ot the provisions hereof and ot said note, Morig~gor hereby granta, aells, warranta, aliens, remises, releascs, tro~veys, xasigna, transtera, mortgagea And aeta over and contirms unto Mortgagee, all ot 111ortgago~ s estute, tiRht, title nnd intereat ie, to and under all that certaih real pro~~erty situnte in _ St. Lucie County, FtoridU more ~x~rticultuly " described as followa: The West 16 feet of Lot 7 and the East 54 feet of Lot 6 of DE FINA SUBDZVISION, as per plat thereof on file in Plat Book 10, paqe 53 of the Public Records of ~ St. Lucie County, Florida. ~ Recelved • In P~yment Of Ttxl~ ~ _ ~ _ T/'-~T ~ ~ ~ ~ . , ' - ; oue o~ C~ass •'C• Intanpible Personsl Property. ' ,~MEN": ~ ' . _ ~ , ~ ; °~•suant To CltaptK 71, 134. Acts Of 1971. r~, ~ _ , . - , _ < < : 7f ~ - - - - ~ RO(3ER POi ~ - , : c = ` - ~ ~ ~ . ~ 0 ~ ~ r~s~ CI?CU11 C.011R. St. LI/C~l.~~. c~ " ~ ~ TO('E'1'HER WITH nil improvements now or hematter located un said rnal pro~~erty and all fixtures, appliances, apparatw, equipment, heating and air conditioning equipment, machinery and nrticles of persona) property and replacement thereof (other than thase~owned by lessees ot said real property) now or hemafter at(ixed to, attached to, plnced u{wn, or used in any way in connection with lhe complete and comtnrtuble use, occupancy, or opers~tion of said real property, all licenses and permits used or required in connection with the use ot said real property, atl [eases of said reul property naw or hereaher entered into and ail right, title and interest of Mortgagor thereunder, including without limitation, cash or securi- ties deposited thereunder pursuant to said leases, and ail rents, issues, proceede, and profits accruing irom said real property and together with all proceeda of the con~•ersion, ~•oluntary or involuntary of any o( the toregoing into cf?sh or liquid:ited claims, including without limitation, proceeda ot insurance and condemnation awards (the foregoing said real property. tangibte and intungihie peisonal property hereinafter reterred to as the Morfgaged Property). Mortgagor hereby Rr.~nis to Morfgagee a eecurity interest in the foregoing described tz~ngibie and intangible personal properiy. TO HAVE AND TO HOLD the Mortgaged Pmperiy, together with all and singular the tenements, hereditaments :~n~i _ appurtenances thereunto belonging or in anywise a{?pertaining and the reversion and teversions thereof and all the estate, right, title, interest, homeatead, dower and right of dower, separate estate, pos.session, claim and demand whatsoever, as well in law as in equity, of Mortgugor and unlo the same, and every part thereof, with !he ap~urtenances of rlortgagor in and to the same, and ever}r part and parce) thereo( unto 114ortga~ee. ~iortgagor wa~rants that it has a good and marketable title !o an indeteasible tee estate in the MortgaQed Pro{~erty subject to nn tien, charge or encumbrance e:cept such as hlortgagee has agreed to accept in writing and Mortgagor covenants that this Mortgage is and will remain a valid and enforceable tirst mortg.~ge on the Mortgaged Property subject only to the ezceptions herein provided_ 11'Iorigagor hns full power and tawful authority to mortgage the Mortgagcd Property in the ~ manner and torm herein done or intended hereatter to be done_ I1lortg:~or will preserve such title and will forever warrant and defend the same to AtortRagee and will forever wnrrnnt ~nd defend the va~lidity and priority of the lien hereot aRainst the claims ot all peisotts and parties whomsoever_ ~ . Mortp,agor will, at the cost of Mortgagor, and without e:pense to MortRagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, aasiRnments, notices of assignment, transfers and assurances as Mortgagee shail from time to time mquire in orcier to prc~aen~e fhe ~~riority of the lien of this 1liortgage or to (acilitate the perform~nce ot the terms hereof. PROVIDED, HOWFVER, that if ~lortgagor shal! ~kiy to 1lioriR:~Ree the indebtedness in the principal sum of a nnn_ nn evidenced hy that cerG~in promissory note (the Note), o( even date herewith, exec•uted by Mortg.~qor and payable to order ot Mortgagee, with interest :~nd u~wn the terms as provided therein, and together with all other sums advanced by Mortgagee to or on behalf o( 1lfortgagor pursuant to the Note or this Mortgage, the fina! malurity date ot the Note and this Mortgage heing - ~ril 1, 1988 , and shaA ~~ertorm alt oYher covenanLa and conditions of the Note, all of the terms of which Note are incorporated herein by reterence ae though set forth tuily here- in, and of any renewal, eztension or moditication, thereo( and of this Mort~;age, then thia Mortgage and the estate hereby created shail cease and terminate_ Mort~cagor further convenants and agrees with Mortgagee :~s foilows: 1_ To pay all aums, including interest secured hereby when due, as provided (or in the Note and any renewal, extension or modification thereo[ and in this Mort~age, all such sums to be p:iyable in lawful money of the United States of Americ.+ at Mortgagee a atoresaid principa) offire, or at such other place as Mortgagee may desiqnate en wteting. 2. To pay when due, and without requiring any notice fmm hiortgagee, aU taxes, asses.gments o( any type or nature and ot6er charges levied or asses.ged against the llTortgaged Pro~~erty or this MortRuge and produce receipts theretor upon demand. To immediately pay and discharge any claim, lien or encumbrance ags~inst the Mortgaged Property which may be or t?ecome superior to this Mortgage and to permi! na de(ault or delinquency on any other lien, encumbrance or charge aRuingt !he 11~(ortgaged Property. 3_ I( required by Mortgagee, to also make monthly deposits with Mottqagee, in a non-interest bearing accounf, to- gether with and in addition to intereat and principal, ot a sum equal to one-twelfth of the yearly taxes and assessments whict~ may F~e levied against .the Mortgaged Pmperty, and _(if so required) one-tweltth of the yearly premiums for insurance thereon. The amount ot such taxes, assessments and premiume, when unknown, shall be estimated by Mortgagee. Such de~xmits shall i>e used by Mort~aRee to pay such t:~xes, :~ssessments and premiums when due. Any insu(ticiency of such - -1- g~t?K ~o~ PAGE 657 ~ r s ~ ~ - - - - - . _ _ - - . ~ ~.`~~'~~~..~~.v;-= :