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HomeMy WebLinkAbout0915 MORTGAGE RECORDED IN O R BOOK 291 page 2406 ~ 1~52 $ ~ ,13 MORTGAGE DEED .AND SECURITY AGREEMENT . ~ ~ . ~ ~e'~ HI R7Y:AG D~:ED t gi e) dnteci ot August 1~ y78 h; nd I~etw Nancy t~c~ey as ~to a~~~~~ ~nteres~; ea rice . ~~ey ~sY ~o a~'~0/1000 interest; and Har1an~C. McVey as to a 489/1000 interest IheminaRe~ called MortRuRor) und SUN BANK OF ST. LUCIE COUNTY , having an ot(ice nt 111 Orange Avenue, Fort Pierce, , Florici~i (hereina~(ter ~•alled 111oHK+~K~~; WITNESSE'I'H, thnt in considerution ot the premises nnd in order to secure the {x~yment of both the principal of, and interest and uny other suma ~wyable on t6e note (tia hereinatter defined) or this 1Norigage nnd ihe pertormam~e und ob- servnnce ot nll ot the proviaions hereof nnd of said note, rtortgngor heretry grants, sells, wprrnntx, uliens, remises, rele:ises, ~^onveys, usaigns, trnnsfers, mortgages and seta over nnd contirma un~ptMor~g~pll ot Mortgugor's eatute, riRht, titie and interrat in, to and u r all ce~ n a) p ly si e in 1i e Co t Flon ure ~r ul:~r ~ j~ ~OWe-`;'~~e ~c o`~' t`~e ~~c o~" ~he , o~" ~he ~~~'i o~" ~'he ~w~; the ~v E; o~`t~e ~w~c o~ the SW~ ; and the NW~ of the NE~ oi the SW~ , al l~ in seetion 20, Township 35 South, Range 40 East, excepting, however, the following: Commencing at the NW corner of SE~ of SW~ of NW~ of Section 20, Township 35 South, Range 40 East; run thence South along the West line of said SE~ of SW~ of tiw; to the North line of Drainage Canal #8; thence East along said North right-of- way line of Drainage Canal #8, 29 feet; thence in a northeasterly direction to a point on the north line of said SE~ of SW~ of NW~, which point is 48 feet East af the point of beginning; thence west to point of beginning, said to contain 3/4 of orae acre, all being located within the SE~ of SW~C of NW~ of Section 20, Township 35 South, Range 40 East. ALSO, excepting right-of-way for drainage canal #8 and right-of-way for Kirby Loop Road on East side of said property. B. A Parcel of land approximating two acres, recorded in O. R. Book 178 at page 21_40 of the public records of St. Lucie County, Florid~. '1'OGETHER WITH all imprvvements now or hematter located on s:iid real pro{~erty and all (ixtures, appliunc~•s, :tpp~iratus, equipment, heating and a~ir conditioning equipmenl, mui•hinery and :irticles of personal pro~~erty and reptacement ~ thereof (other thnn those owned by lessees of said real property) now or hereufter aftiYeci to, attarhed to, placed u~~on, or used in any way in connection with the complete and comfortable use, occu{h~ncy, or operntion of ~id real property. .~II licenses t~nd ~~ermits used or required in connection wifh the use ot said real property, all leases of suid real pro~~erty now or herea[ter entered into and all right, title and interest ot MortRs~gor thereunder, including without limitation, cash or srcuri- ties de~wsited thereunder pursuant to said leases, :ind all rents, issues, procee~ds, and profits ~ccruing from said rea) property and together with all proceeds of the con~•ersion, ~~olunfary or involuntary of :iny ot the foregoinR into c.ish or liquid:~ted claims, including without limitation, proceeds o( insurance and condemnation awards (the foregoing said real pro~~erty. tangible and int~ngible personal property hereinafter referred to as the MortRaged Property). MortRaRor hemby Rr.~Ms to Mortgagee a security interest in the (oregoinR described tangible and intanRiMe ~~ersonal property_ 'I`n HAVE AND TO HOLD the Mortgaged ProEierty, together with all and singular the tenements, heredit.~ments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereot and aU the estatr, right, titie, interest, homestead, dow•er and right ot dower, sepante estate, possession, claim and demand wh.~tsoever, as ; . well in law as in equity, of Alortg:~gor and unto lhe s:ime, and every {k~rt thereof, w•ith the :~ppurten.~nces of A4ortR:~Ror in and to the s:tme, and e~~ery par! and ~u+rcel thereot unto 241ortg:~~ee. hlortgagor warrants th~t it hus a g«xf and m:~rketable title to an indefeasible fer astate in the ?14ortKaK~xl I'ro~«~rt}• ; subject to no lien, charge or eni•umbrance except such as Mortgager has aKreeci tu .urept in writing and MortRagor covenants th.it this 14tortgage is and will mm:~in a~•alid and enton-eable tirst mortg:~ge on the htortgaged Property~ subject only to the exceptions herein provided. Mortgagor h:is full ~~ower :~nd lawtul authority to mortgage the A-tortgaged Pm~~erty in the manner and torm herein done or intended hereafter to he done. MortQaRor will presen•e such title and will (orever ~•arr.~nt and de(end the same to Mort~aqee and will forn~•er warrant aod defencl the ~:ilidity and priority of the lien hereo( aRainst the claims ot all persons and parties whomsoe~•er. • Mortgagor will, at the cost o! l~tortgagor, and without ex~~ense to Ttortga+gee, do, execute, acknowledRe and deliver :dl :~nd e~~ery such further acts, deeds, con~•eyances, mort~aRes, assignments, notices of assignment, trans(ers :~nd assurances as Mortgagee shall from time to time mquire in order to pre.~en•e the priority ot the lien of this I1~ortgaRe or to (~cilitate thc performance ot the terms hereot. ~ P V ~j D, OWF.VER, that if A1ortRaRor shall pa~~ to MortRaKcY~ the indehtedness in the prin~•ipa) sum o( s S l~~ as evidenced by that ~~ertain ~~romissory note Ithe Note), of e~•en datc herewith, exeruted hy E ! ;~tort~agor and payable to order of ~tortgagee, with interest and upon the ferms :~s provided therein, and together with all ~ other sums advanced by MortgaRee to or on behal( of Aiort~agor pursuant to the Note or this Mortgage, the final maturity date of the Note and this MortgaQe being AuguSt 10, 1983 , and shall ~~erform all other co~•enants and ~ ~•ondition.g of the Note, aU of the terms of which Note are incorporatrd herein by mference as thouRh set forth fully here- ~ in, :~nd o( any renewal, extenaion or modi(ication, thereof. and of thie 1~tortRaRe, then this ylorlRage and the estate he~eby ~ ~•reafed shall cease and termin~te. ~ - ?~i~rtK:~Ror further con~•enants and agrees with 11TortgaRee as (ollow•s: , 1. To ~a •~11 sums, includin F ~ ~ y . g interest secured hereby when due, :~s ~ro~~ided for in thc Note and any rnnewal, extension ~ . or moditication thereof and in this ;~'lortgage, all such sums to lie payable in l:~wtul mouey of the United States o( Americ•:~ ~ : at ~llortQaRre's afores:iid principal o(fice, or :~t suc•h other plare as ;11ortR:iRee may desiRnate in writinR. 2. To puy when due, :ind witho~t rc~uiring any notice (mm MortgaRee, all taxes, assessments of any ty~>e or nature and other charges levied or asses4ed a~ainst the ~liortgaged Property or this Atortgage and produce receipts therefor uEwn dem~~nd. To immediately pay and discharge any claim, lien or encumbrance against the 111or:gaged Property which may t?e or hee•ome superior to this Mortgage and io ~>ermit no default or delinquency on any other lien, encumbrance or ch:~rge aRainst the Mortqaged Property. - 3. It required by 61ortR~Qee, to also make monthly depasits v~ith Mortgagee, in a non-interest bearinR account. to- = Kether with and in addition to interest and principal, of a sum equal to one-lweltth of the yearly taxes and assecsments v?~hirh :;i may be levied against the 111ortqaqed Property, and Iif so required) one-twelfth of the yearly premiums (or insurnnce = thereon. The ~mount of such taxes, as,gesaments and premiurr~a, when unknown, shall be estimated by Mortgagee. Such - de~wsits sh:~ll he used by MortRaRee to pay such t~xes, aage~ments and premiums when due. Any insufficiency ot such ` , . , . ' . . _ ~ _ aec.w.a t J-° ~n r~.r++«n or T.X.. ~ . ~ue on c~sss ••C• Ints~l~pw.on.~Pnop.n~r. Cti P, O ~ 9~1 Q;~2~ ~rauam To Chspt~r 71.15~/„ Aob Q11971. ~ L FoRL~ _ $OOr RO(iER P011RAS ~ ~ Re-Re~ad~ I ~~?~~n ca,~, s~. u,a., c~. ~i.. ; ~ .i~rL~.~~ 1 •WL ~ ~ ~ _ ~ ~ - ~ . ~ ~.._s.~~ ~ . ~ ~ i~~~ ~ ~ ~ x ~ ~ ' ; ;v a xz' p" ~ ;~C , . . . , a .~.a~ ~ ~ ~ ~~~.a'°~ . s,„s. . s . : . - - R,~, l s .