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Home My WebLink About0650 413;3~ . - g i MORTGAGE DEED AND SECURITY AGREEM~NT ~ THIS MORTGAGE DErD (the Mortgage). dalecl as o( Au9uSt 3~ 19781a_, h Ron Rathay Enterprises, Inc. y~+nd Fxtween (hereinatter ca~lled Movtgago~) and SU11 Bank Of St. Lucie County , having an ofticent lll Orange Avenue, Fort Pieree, , Florida (hereinufterculled Mortga~gee); WITNF.35E'!'H, that in conaideration of the premises and in order to secu~e the ~u~yment ot twth the princi~>al ot, nnd interest and any olher aums payable on the note (as hereina(te~ de(ined) or this Mortgage a~d the per(ormance and ob- aervanee of aU of the provisions henwi and ot said note, MorfgUgor hereby grnnts, sells, warrants, alie~s, mmisee, rele:?ses, conveya, t~igne, transters, mortgagea and seta over and confirma to Mortg~~ee, all o( 11~IortgAgor'a estnte, tiRht, tiUe und Lucie interest in, to and under ali th~t certain rnal propertY situate in County, Florida mote ~inrticularly a~ri~a,~rouown: From the intersection of the North line of Lot 105, Garden City Farms Subdivision, according to a plat thereof on file in Plat Book 2, page S, St. Lucie County, Florida, and the West right-of-way line of Anqle Road (said right-of-way line being 33 feet from the centerline of said Angle Road), run southeasterly along said West right-of-way a distance of 572.4 feet to the point of beginninq; thence continue Southeasterly along said right-of-way a distance of 100 feet; thence with an interior angle of 90 degrees run South- westerly 202.16 feet to the North right-of-way line of Avenue F(60 feet wide); thence run West along the North right-of-way line of Avenue F 146.55 feet; thence run Northeasterly 309.29 feetto the point of beginning; LESS AND EXCEPTING THEREFROM the Northeasterly 17 feet for additional right-of-way for Angle Road. _ . , „ ~ . _~.`~y•~:.! ? • `J' ; . 7 ~ • • - , ~ ~ • - ~ ~ t~ ~ ~i : ~ ` • ~ ~ . l 'I'OGETNER WITH all improvements now or here:~fter l~uted on said real pro~~eHy and all fixtures, appliances, apparatus, equipment, healing and air conditioning equipment, machinery and articles o( personal pmperty and repl:~cement thereof (other than those owned by lesseea of snid real property) now or hereafter attixed to, attached to, placed upon, or used in any way in connection with the complete and comfortaMe use, occu~~ncy, or operation ot said real property, :ill lice~ses and petmita used or required in connection with the use of said rnal property, all leases ot said renl property now or hereafter entered into and all right, title and interest of Morigagor thereunder, including without limitation, <<zsh or sei•uri- ties deposited thereunder pursuant to said Irases, and all rents, issues, proceeds, and profits accruing irom said real property and together with aU proceeda of t6e com~ersion, voluntary or involuntary ot .~ny ot the (oregoing into cash or liquidated claims, including without limitation, proceecfs of insuraoce and condemnation av~arda .(the loregoinR said mat property, tangibte and intangible personal property herein~fter teferred to as the Mortgaged Property). MorigfiRor hereby Rrant~: to Mortgagee a security interest in the (oregoinA descritxd tnngible and ints~ngible personal property_ TO HAVE AND TO HOLD the Mortgaged Pm~~erty, together with a)1 and singular the tenements, herecfitaments .ind :~p}>urtenances thereunto belonging or in anywise appertaining and the reveision and reversions thereof and all the estate, right, title, interest, homestead, dower and right ot dower, se~~arate estate, possesaion, claim and demand whatsoever, as ; well in law as in equity, of Mortgagor ~nd unto the same, :~nd e~~ery part thereo(, with the appurten.inces o( MorlgaRor in ' :ind to the same, and erery ~~art and ~k~rce! thereot ~ntu Mortg:~gee. . b'Iortgagor warrants that it h.~s a gaxl atxl marketable titie to an indeteasible (ee estate in the b~ortRageci Pro+x~rtv suhject to no lien, rharge or encumbr~nce except such as Mortgagee }u~s agreed to accept in writing and 1NortRagor covenunts th~t this 1liortgage is and will remain a valid and enlorceable tirst mortgage on the MortRaged Property subject only to the exceptions herein provided. Mortgagor has (ull power and I:~wful authority to mortgage the Mortgaged Pro{~erty in the manner and totm herein done or intended hereatier to tre done. Mortgagor wi11 presen•e such title and will torever warrant - :ind detend the same to :11ort~agee and will torever warrnnt and defend the ~•alidity and priority of the lien herc~f aK:~inst the claims of all persons and parties whomsoever. , Mortgagor will; at the cost oF Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deli~•er al) and every such further ncts, deeds, conveyances, mortgaRes, assignments, notices of Assignment, transfers and assurances as Mortgagee shaU from time to timP reryuire in order to presen•e the priority ot the lien of this Ibtortgage or to tacilitate the E~ertormance of the terma hereof. PROVIDED, HOWEVER, that if Mortgagor shal) pay to Mort~agee the indebtedne.ss in ihe princiJk~l sum ot S 64, 00~_ 00 evidenced by that certain promissory note (the Note), of even date herewith, executed by r4ottgugor and payable to order of Morigagee, with interest and upon the terms as provided themin, and together with all other sums advanced by htortgagee to or on behAlf ot MortRagor pursuant to the Note or this Mortgage, the final maturity date o( the Note and thia Mortgage beinq Ay$LSt ~ S' 1 98R , and shali perform atl other coven~+nis and conditiona of the Note, all ot the terms of which Note are ~ncorporated herein by reference as though set forth fully here- in, and of any renewal, extension or modification, thereot :~nd of this MortR<~ge, then this T1ortRage and the estate he"reby created shall cease and terminate. ' Mortgagor further convenants and agrees with hlorlgaRee iL4 ~OIIOVb'A: I. To pay aA sums, including intereat secured hereby when due, as provided for in the Note and any renewal, extension or modi(ication thereof and in this MortAage, all such sums to be payable in lawtul money of the United States of Americ•a :~t MortRagee's aforesaid principal office, or at such other place as l~tortgagee may designate in writing. 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature and other charges levied or asses.ged against the hfortgaged Property or thia Mortgage and produce receipts lherefor upon demand. To immediately pay and dixharge any claim, leen or encumbrance against the Mortgaged Froperty which may be or become superior to this MortgaRe and to permit no default or delinquency on any other lien, encumbrwnce or charKe ~ :~R:~inst the Mortgaged Property. ~ 3. I( required by MortRagee, to also make monthly de~wsits with MortAagee, in a non-interest bearing accou~t, to- ; gether with and in addition to interest and principal, ot a sum equal to one-twelfth of the yearly ta:es and as,4essments w•6ich may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, assessments and premiuma, when unknown, shall be estimated by Mortgagee. Such de~wsita shall he used by MortRaRee to pay such taxea, as.gessments and premiums when due. Any insutticiency of such . . ~ . , _ , ~ f#~siv~sd ~ b p~yq~r~t p~ T~po~ - ~ Ow On Ctas "C" 6M,~q~1~ P~soirl ProDSttY. Pu~want To Chapt~r 71.134. Mls p11071. c:,r n..= : ~3~E ~ ROGER POi11N1~i g - ~ a_:Pt.~~ I;;l•: ~ CMr~ C4a~it ~oury by. L~+of~ t30.. fi~. . . . . . . _ _ _ ' . _ . . . ~f - - ' . _ _ y.~,..-.-' _ ~ ~ X~,~~ t : _ . ~~sY+s .~,.ee*~ ..~s,•-3 ~ ' ~ ~cr- e- , , ~ ~ ~ _ . -s~' ..i.._ S