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HomeMy WebLinkAbout0399 ~ ~#O~i63~0 ~ : ~ ~ ~ ~ ; ~ MORTGAGE DEED AND SECURITY AGREEMENT ; 1HI8 MORTGAGE QEED (the MortB+?Ee), dated as ot June 1, ~~e?S, by and between ~ ~ JAI~S DAVID I~ILL, joined by his wife, BETTY G. NEILL ~ ~ (hereinafter called Mortgeigot) and , having nn SUN BP?NK OF ST. LUCIE COUNTY ottice at 111 Oranqe Av~nue, Fort Pierce . F ~orida (bereinutter called Mortgugee): WITNE39ETH, that in considetation ot the premiaes and ia order to secune the payment ot boih the principal ot, and interest and any other suau payeble on the note (as hereinatter defined) or thia Mortgage and the pedormance ~and ob- ~ servance ot all of the pmvisions hereot t+nd ot said note, Mortgagor hereby granta, ~elis, warrants, aliem, rnmises, releasea. ~ conveye, awigns, lransfers, mortRages and sets over and contirms unto Mortsa~ee, all of Mortgagor s eatate, ri~ht, title and interest ia, to and under atl that certain mul property aituate in c~~~yo County, Fl~rida more particularly • deecribed as [oUows: The North 150 feet of the East 614 feet of the South ~ of the NE~r of the ~ SW ~C of Section 19, Township 35 South, Ranqe 90 East, less the East 33 ' feet for road right-of-way. • , - - - ~ R.c.w.ds ~fl~U P.~taToa~ S~ I~. i~ F-~ L`J F? : D~. ~ oue On c~ass ••C•.,lntanoibl~ Pwsond P~cpKt~r. PC:.U,Y,ENTAkY~-:.:;.;. STla,YIF IA ~ oE~t. uF RFVEnuE •G~~+`"" ~ PurEV~11'o Chsptsr 71. 134. Acts 0~ 1 1. ~ - P 8. = JUN-1•7d '~~:.•~'71~~ 3~. O O ~ ROGER P017NAS J ~ ~ " .n- CM?A C~?CUh CO{!~. L~M. O0. . ~ _ ` - y~~ ~ • TO('N.'THER WITH all improvementa now or hereaiter located on said mal ~~roperty and all (i:turea, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and artitles of personal pmperty and replacement thereof (other than thaee owned by leeeees of said real property) now or herea(ter afti:ed to, attnched to, placed upon: or used in any way in connection with the complete and comfortable use, occupancy, or operation of said tea) property, nll licenses and permits used or required in connection with the uae o[ said real property, all lensea of said real property now or hereafter entered into and all right, title and intereat of Mortgagor thereunder, includin6 without limitation, cash or securi- ties deposited thereunder purauant to aaid leases, and all rents, issues, proceeda. and profita accruing from said real property . and together wit6 all proceeds ot the rnnveraion, voluntary or involuntary o( any of the fotegoing i~to caah or liquidated claima, including without limitation, proceeds ot ineurance and rnndemnation awards (the toregoing said real property. tangible and intangible peraonal property hereinafter reterred to aa the Morigaged Pmperty)_ Mortgagor hereby gr~nts to Mortgagee a security intereat in ihe foregoing described tangible and intangible pereonal property. . TO HAVE AIVD TO HOLD the Mortgaged Property, together with all and singular the tenemente, hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereof and all the estate, f:lla :nfa.wfy l~~moatos~ri: rlnwpr an~ rip}~t o~ [~owei, ~D9lutB estete_ ~ion. claim and demand w~t80E'v@~, aS - well in law as in equity, of Mortgagor and unto the ssime, and every part thereof, with the appurtenances of Mortg~gor in and to the ai~me, and every.part and pamel thereo[ unto Mortgagee. Mortgagor warrants that it has a good and marketable titie to nn indeteasible (ee estate in the Mortgageci Pro~~erty - subject to no lien, charge or encumbrance ezcept such as Mortgagee has agreed to accept in writing and Mortgagor covenants I that this Mortgage ia and will remain a valid and entorceable first mortgage on the Mortgaged Property subject only to the . ~ e:ceptions hernin provided. Mortgagor has tull power and lawtu! authority to mortgage the Mortgaged Property in the . ~ manner and torm I~erein done or intended hereafter to be done. Mortqagor will preserve such title and will forever warmnt ~ and de(end the same to Mortgage~ and will forever wnrrant and defend the validity and priority of the lien hereof againat f the claims ot all peisons and partiea whomsoever. ' Mortgagor wiU, at the cost ot Mortgagor, and without e:pense to MoriBagee, do, execute, acknowledge and deliver all ~ .~nd every such fucther acta, deeds, conveyances, mortgages, asaignments, notices of assignment, tranatere and assurances as ~ Mortgngee ahall trom time to lime require in otder to preserve the priority ot the lien of this Mortgage or to tacilitate the ' performance ot the terms hereof. PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtednesa in the priocipal aum of a 20~~~0_~O evidenced by that certnin promiasory note (the Note), ot even date herewith, executed by Mortgagor and payable to order o( Mortgagee, with interest and upon the terms as provided therein, and together with all " other sums advancecl by Mortgap,ee to or on behal( ot Mortgagor pursu:~nt to the Note or this Mortgage, the final maturity date of the Note and thia Mortgage being June l~ 1~93 , and shall pertorm nll other covenants and . conditions ot the Note, all of the terma of which Note are incorporated herein by re(ernnce as though set forth tully here- in, and ot any rnnewal, extension or moditication, thereof ~nd o( this Mortgage, then this blortgage and the estate hereby ereated ahal) cease and terminate. Mortgagor (urther convenants and agreea with Mortgagee aa followa: ~ 1. To pay all sums, including interest secured hereby when due, as provided tor in the Note and any renewal, eztension - ~ or modification thereoi and in this Mortgage, all suci~ sume to be payable in lawful money ot the United States.of America - at Mortgagee'e atoresaid principal o((ice, ot at auch other place as Mortgagee may designate in writing. ~ 2. To pay when due, and without requir~ng any notice (rom Mortgagee, all ta:ea, assessments ot any type or nature ~ ~ and other charqes levied or assessed against lhe Morigaged Property or lhia Riortgage and produce receipta theretor upon ' demand. To immediately pay and diacharge any claim, lien or encumbrance against the Mortgaged Property which may be ~ or become superior to thia Mortgaqe and to permit no de(ault or delinquency on any other lien, encumbrance or charge ~ aQninst the Mortgaged Properly. ~ 3. It required by Mortgagee, to also make monthly deUosits with Mortgagee, in a non-interest bearing account, to- ~ gether with and in addition to interest and principal, ot a sum equal to one-twelfth ot the yeady ta:ea and asseasments which - may be levied againat the Mortgaged Properly, and (if so required) one-twel(t6 of the y~r~y premiums tor insurance ; thereoa The amount ot such ta:ea, assessmente and premiums, when unknown, st~aU be estimated by Mottgagee. Suc6 depoeits ahaU be ueecl by MortRagee to pay sucti ta:ea, aaBessmenta and pcemiums when due. Any inautticiency of such ~ _1_ ~ BGuK PACf . , . ~ I