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HomeMy WebLinkAbout0939 . • ' _ : ~ ~ ` ? ~ ~ ~ MORTGAGE DEED AND SECURITY AGREEMENT ~ THI3 MOR1'GAGE DEF•D (the Moctga~e), dated as ot OCtobeY' 18 , 19 , by und betw•een RICHARD B. RSED ~ (l~ereinalter called Mortaasor) ar~d SUN Ha?N1C OF ST. LUCIB COUN'!'Y , havioR u~ . o[tice at 111 Oranqe Avenue, Fort Pierce , Florida Ihereinutter cailed Mortgugee): ' WITNE89E'I'H, tbat in consideration of the premises and in order to secure the paymeot ot Aoth the principal ot. and interest and any other swns psyable on the note (as hereinatter defined) or thia Mortgase and the pertormance and ob- servance ot all of t~}ee'provisions hereot and ot said nota Mortsagor hereby 6renta, sells. warranb, alien~, remisea, releases, ~ conveys, awgns, transten. mortsases and aeb over and confirm~ ueto Mortgaaee, all of Mortsaaor'a estats. riJtht, title and interest in. to and u~der aU that certai~ real property situate in St Lucio C'ounty, Florida more particularly ~ deacribed ai foilows: ; That part of the East 390 feet of the South 200 feet of the North 300 feet of ~ the South 535 feet of the Northeast Quarter of the Southwest Quarter, Section 15, Township 35 South, Ranqe 40 East, which lies West of U. S. Hiqhway No. l, except the East 7 feet thereof. MoM+~d f In P~yn~+t Ot Ts~oN : S ~ i ,~T ~ F l._ ~ _ ~ ~ + ~ ~ = ow on c~a~ °c" h~wq~e~s Ar+~wn.~ ~ropKt~?. v ~.1 N~ E~ T A , 5~/~ 1~1 f' ~ hxwant To Ch~ptK 71.134. Acts Of 1~71. ' - J~~, i--~,Etc ~'J_- ` ` Y l~+a•et ~ O V. O O~ ~R/VGII M,~ . . ~ - ' , ' • ' y ~:luk CinClllt ~.Ol~rt, ~f. ~YQis~ C~~ ~N. # ~ . - g ~ TO('ETHER WITH all impro~emenls now or hernatter located on saiid renl property and aU fi:tures, applianceac, apparatus, equipment, heating and air conditioning equipmenf, machinery and arliclea of personal property and replncement thereo[ (other than thaae owned by leasees o( said real properiy) now or herealter aftixed to, attached to, placed upon, or used in any way in connection with the complete and comfortable use, occap:tncy, or operation of said real property. all licenaes and permita u~ed or required in connection with the use ot said real property, al) lepaes ot said rea) property now or hereatter entered into and all right, title and inlereat ot Mortgagor thereunder, including without limitation, cash or securi- ties deposited thereunder pursuant to said leases, and all rents, isgues, proreeds, and protits accruing trom sxid re:~l property ~ and together with all proceed.s o( the canversion, voluRtary or involuntary ot any o( the foregoing into cnah or liquidated ~ claims. ineluding without limitation, proceeds ot insurance and condemnation awarda (the forngoing said rral property, t fangible and intangihle personal property hereinafter m[erred to as the Mortg-iged Pmperly)_ Mortgagor, hereby gr.~nts ~ } fo Mortgagee a security interest in the foregoing deacritxd lungible and intangible personal properly. TO HAVE AND TO HOLD the I~iortgaged Property, together with ali and singular the tenementa, hereditaments :~nd ~ appurtenances thereunto belonging or in anyrwise appertaining and the reversion and reversions thereot and aU the estnte, right, title, interest, homeatead, dower and right of dower, aeparate estate, po~se~esion, claim and demand whatscever, as , well in law as in equity, of Mortgagor :+nd unto the same, and every part thereof, with the appurtenances of I~iortRaRor in and to the same, and every pnrt and ~~arcel ihereof unto Mortgaqee_ ~ S Mortgagor warrnnts that it has n good and murketable title to :~n indefeasible fee estale in the MortgaRecl Pro~~erty ~ subject to no lien, charge or encumbrance.except such as Mortgagee has A$1"eE'~ t0 :lCC@~~ in writing and Mortgagor co~•enants ~ ' that this Mortgage is and will remain a~vlid and entorceable first mortgaRe on the Mortgaged Property aubject only to the ~ ; exceptions herein provided. Morfgagor hns full power and lawtul authority to morlgage the Mortgaged Property in the ~ ! manner and tortn herein done or intended liereafter to be done. Mortqagor will preserve auch title and will torever warrant ~ ~ and de(end the same to Mortgagee and wili torever warrnnt ~nd detend the validity and priority ot the lien hereot against = the claims of all persons and parties whom.soever. biortg~gor will, at the coat of Mortgagor, and without expense to Mortgagee, do, eYecute, acknowledge and deliver all and e~~ery such (urther acta, deeds, conveyances, morigages, aasignmenta, notices of assignment, transfera and assurances as Mortgagee shall trom time to time require in o~der to pr~erve the priority ot the lien of thia MortRage or to tacilitate the pertormance ot the terms hereof. PROVIDED, HOWEV~R, that if Mortgagor shall tk~y to Mortg:igee the indebtedness in the principa) sam of a 20t)~,0~~_00 as evidenced by that certain promissory note (the Note), of even date herewith, exeruted by s Mortgagor and payable to order of Murtgagee, with interest and u{wn the terms as provided therein, and together with all other,suma advanced by Mortgagee to or on behnlf of MortRaRor pursuf~nt to the Note or this Mortgage, the fina) maturity ; dnte of the Note and this Mortgage heinR ~'dnuaZ'y l, 1989 , and shall perform all other coz•enants and ` conditiona of the Note, al) ot the terms of which Note are incorporatecl herein by reference aa though ~et forth fully here- ; in, nnd of any renewal, extension or modification, thereot :~nd ot this MortRage, ihen this Mortgage and the estate hereby i ~reated ahall cease and terminate. ~ b'Iortgagor turt6er convenants and agees with Mortgagee as follows: } E 1. To pay all sums, including interest secured hemby when due, as provided for in the Note and any renewal, extension f or modi(ication thereof and in this Morigage, all such $ums to be payable in lawfu) money ot the United States ot America - = ~t Mortgagee's atoreaaid principal otfice, or at such other place as Mortgngee m~y designate in writing. ~ ~ 2. To pay when due, and without requiring any notice _trom Mottgagee, all ta:es, ~asessments of any type or nature ' ~ and other charges levied or assessed against the Mortgaged Property or this Morigage and produce receipts therefor upon ~ ~ demand. To immediatety p~y and discharge any claim, lien or encumhrance againsi the :Liorigaged Praperty u~hich tnay be ' ~ or F?ecome superior to thia Mortgage and to permit no default c?r delinquency on any other lien, encumbrance or charge ? ~ aR:~inst the Mortgaged Property. 1" ~ 3_ It required by Mortgagee, to also make monthly deposits with Mortgagee, in a nan-interest t?earing account, to- ~ gether with and in additivn to intereat and principal, ot a$um equal to one-tweltth ot t6e yearly lazes and asaessments which i ~ may be levied against t6e Mottgaged Property, and (it so required) one-tweltth ot the yearly premiuma for insarance ~ ~ thereon. The amount of such taxes, assesamenta and premiums, when unknown, ahaU be eakimated by Mortgagee. Such de{~osits shall be used by Mortgagee to pay auch taxea, :~.ssessmenta and premiums when due. Any insu(ficiency of such ~ -1- ~ ' A . ~ aooK 296 P~ ; ~ ~ 93? . ~ ~ ; ~ . . _ a_ - _t ~ ~ $ ~ ~,~~<4, r. _