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HomeMy WebLinkAbout0895 2 Q ~ . ~OZ l , , MORTGA~E DEE~ AND ~~~URITY AG~i~EiViENT 'THIS h10RTGAGF DF•.f:D Ithe hloriRr?ge1, daled ua ot April 19 , 78 . ;~nd I~eM•~yn . DAVID L. ALKER and PAULA S. ALKER, his wife (hereina[tcr r.illccl MoHKagor) and SUN BANK OF ST. LUCIE COUNTY , huvinK an ot(ice s~t 111 Orange Avenue, FOY't Pierce , Floridn lhereinafter ~•ulled rlortK:~gre); WITNF.SS~.'TH, thut in considen~tion o( the prnmises i~nd in order to secure the payment ot hoth the p~inci~x~l of, and interest and t~ny other sums payable on the note (us hereinatter deti~ed) o~ this Mortgage nnd the ~?er(ormunce and ob- serv:~nce ot nll of the provisions hereof and ot snid note, I~lortgago~ hemby gmnts, sells, warrnnts, aliens, remisea, relcases, com~eys, a?ssiRns, trar~aters, mortgages and sets over nnd con[irms unto MortgaRee, nll of MortRagoi s estfite, riRhl, title und interest in, to und under alt Ihat certnin real pro~~erty situalein St. LuCie County, Flond:i mom parli~•ularly described a?s (ollows: The South 16 66' of Lot 7, all of Lot 8 and the North 1F .67' of Lot. 9, Block 45 SAN LUCIE PLA2A as per plat thereof on file in Plat Book 5 at page 57 of ~the public records of St. Lucie County, Florida. . 0~ ~ ; _ ~ . ~ " ~ • : ~ • - ; iieceived ~ ~ In Payewnt Of Tw~ . - 3 W. ~ ~ ` ~ _ • ' _ ~ pue Cr Cless "C' In~n~IbN ~tsoMlP?OpNl1?. - ~ ~ ' . ! ~ ; ` ` ~ ~ y i Pursuan~ To ChaptK ~f. 13i.IWS i~~~. • ,.:a; ~ ROGER P~fTMB ~ a~ - - _ - ~ CIKk CirCUit Court. St. L~IdL Cw. H~. T(~ETHER W1TH all improvements now or herea(ter loc.ited on ti;~id real ~am~~erty :~nd all (ixturen. :~ppli:~nces. ap~k+ralus, equipment, heating and air ec?nditioning equipment, machinery and articles of personat property xnd rnplacement thereof (other than those owned by lessees o[ said mal property) now or herea[ter :?ffixed to, attached to, plz~ced upon, or used in any way in connection with the complete and com(ortable use, occu~k~ncy, or operation ot said real property, all licenses and permits used or required in con~ection with the use ot said rnal property, all leases of s~id real property now• or herealter entered into and all right, title and interest of MorfRagorthernunder, including without limitation, cash or ~•uri- ties de~wsited thereunder pursuant to said leases, and all renis, issues, proceeds, and profits accruing (rom s~id real pro{:erty and together with all proceeds of the conversion, volantary or involuntury of any of the (orngoing into cash or liq~idatc~ct claims, including without limitation, proceeds ot insurance and condemnation awards (the foreRoinR said re:il proE~erty. tangible and intangible personal pmperiy heminafter re(erred to as the MortgaRed Property). MortgaKor hereby Kr:~nts to Mortgagee a security interest in the foregoinR descrihed tnngible and intangible personal property_ '1'n HAVE AND TO HOLD the Mortg:,ged Pn~~~erty, together with aU and singular the tenements, heredit:~ments and ~~ppurtenam~es thereunto belonging or in anyv~•ise ap~~ertaining and the reversion and reversions thereof and all the estate, ri~ht, title, interest, homestead, dower and right o( dower, separ~te estate, possession, claim and demand whatsoever. as ~ w•ell in law as in equity, of Mortgagor and unto the s:~me, and e~•ery part thereof, with the appurtenan~es of 111ortRaRor in ' and to the same, and e~~ery ~~.~rt and {x~nrl thereof unto AtortgaRee. ; Alortgagor warrants that it has a good and m:vketable tide to an indefe.~sil~le fee estate in the ~1ortR.iKc~1 Ym~~ertt• f subject to no lien, charRe or encumbrance except such as Alortgagee has agreed to accept in writing and rtort~agor <•o~•enants that this Mortgage is :md will remain a valid and enforreaMe first mortgage on the Atortgaged Ymperty subject only to the ~ exceptions herein provided. 111ortgagor h.is full ~x~wer and law(ul authority to mortRage the I?4ortgaged Pro~~erty in the manner and torm herein done or intended hereaffer to he done. Motl~aRor wil) presen•e such litle and wi11 iore~~er warrant ~ :ind detend the same to Mort~agee ~nd will fore~~er w.~rrant and defend the validity and priority ot the lien hereof aR:~inst the claims of all persons and parties whomsoever. ~ - ~ hlortgagor will, at the cost o[ Mortgagor, :~nd w•ithout ex~~ense to Mortgagee, do, exe~vte, acknov?•ledge and deli~•er :dl ~ and e~~ery such further acts, deeds, con~~eyances, mortqaQes, as4iRnments, noti.•e~ of as~iRnment, trans(ers :~nd as~urancc~ as t \tortgaRee shal! fmm time to time mquire in order to presen•e the priorify of the lien of this MortgaRe nr to tacilitate the t E~erformance o( the terms hereof. ~ PROVIDED, HOWEVF.R, th:~t i( I11ortRaQor sh:~ll p:~y~ to MortRakee the indebteclness in the prinripal sum u( ~ ~ E 29.000.00 as eviden~ed by that certain pmmissory note (the \'ote), of e~•en d~ite herewith, executecl b>~ ~ ~tort ~ or and ~~able to order of Morig.iRee, w•ith i~terest and u~on the terms :~s ~mvided therein, and together with all K~K F"_' 1 { ~~ther sums .id~~anced by 1~lortg:~gee to or on behalf o( 111ortR:~~or purs~ant to the Note or this yiortgage, the (inal maturity ~ date ot the Note and this Mortgage being Ma~ 1~ 1 993 - , and shall ~~erform all other covenants and ~ conditions of the Note, all of the terms ot w~hich Note <~re incor~wrated herein by reterence as thouRh set torth fully here- ~ in, and ot any renewal, extension or modification, thereo( and of this A4ortQage, then this MortRaRe and the est~te hereby created shall cease and terminate. ~lortgaRor [urther convenants and aRrees aith rlort~a~ee as follov~•s: ~ 1. To pay all sums, including interest secured hereby when d~e, as provided (or in the Note and :~ny renew•al, extension = nr modification thereof and in this A4ortRage, all such s~ms to be pnyable in lawfu) money of the LJnitecl State~ of Ame~rica ~ at MortQaRee's a(oresaid principa) of(ic•e. or at such other pl:~ce as ~tortRaQee m.ty desiQnafe in writin~. 2. To pay when due, and without requiring any notice from MortRagee, all taxes, assessments of any ty~>e or nature ; :ind other charQea levied or usses.ged t?gainst the bfortgaqed Property or this :~fortgage and produ~~e re~•eipts there(or u~wn demnnd. To immediately pay and dischar-Re tiny claim. Iien ot encumbrance against the Mortgaged Yro~~erty which may 1~ ~ or hec•ome superior to this hlortgaRe and to permit no default or delinquency on an~ other lien, encumhrance or charKe :iKainst the 111ortgaged Yro~~erty. 3. If required by 1~tortgaRer, to :~Iso rru~ke monthly de~wsits with htortR:?gc~e. in non-interest t~earinR account. to- ` Rether with and in addilion to interest .~nd principal, o( a sum equal to one-twel(th of the yearly taxc s and asses.4ments which ' may he levied against the 1~'Iort~aqed Property, and tif so reyuired) one-twelfth of the ~early premeums tor insur.~mr thereon. The amount of such taxes, assessments and premiums, vvhen unknow•n, shall be estimated by biort~aRee. Such de~x~sits 4ha11 he used by 1~iortQaRee to pay such taxes, ascessments and premiums w•hen due. Any insuf(iciency o( such ~ - -1- ~ F, k E001(~ ~ ~ ~ €;.5 - - - _ _ .