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HomeMy WebLinkAbout0556 ~i`' _ 355 ~ MORTGAGE DEED AND SECURITY AGREEMEiVT THIS MORTGAGE DEED lthe Mortguse), duted us ol November 15 , 1978 by :~nd l?elw~~n John M. Brubaker and Marion L. Brubaker, his wife ; (hereinafter called Mortgagor) and St1A BSY1~C Of St. Lucie County , hs?ving un ~ ot(iceat 111 Oranqe Ave. ~ Ft. Pierce , Flo~ida Ihereinattercalled Mo~tg,~gee): ~ W1TNE33ETH, that in conaideretion of the premises and in order to secure the payment ot both the principal of, und intecest and any othe~ sums payable on the note tas heerinatter detined) or this Mortgage and the performance and ob- xrvance ot all of the pwvisions henwt and ot aaid note; Mortgagor hereby grants, aells, warrents, aliens, remiees, rnleasea, conveys, assigns, trunsten, mortgagea and sets over end confirms u o Mo gasee, all ot Mortgagor s estate, riRht, title and u interest in, to and under all that certain real prope~ty situate in ~t • uCle County, Florida more ~rticulurly de+cribed as tollows: ~ Lot 1, MIDTOWN SUBDIVISION, as per plat thereof as recorded in ~ ' Plat Book 11, Page 16, of the Puhlic Records of St. Lucie County, ` Florida. ~ , O~'d Q Me~lwd ~..~11L~_ In Payn~sr?t Ot Tt~as . 5/ ou. on aass ••C'• ~rn.npta. Ps?.«»~ Pr~own~r. - ~ ~rn To Chapcer 71. 134. Acts Of 1f71 ~ . RQGER POtTRA3 d~k d~cuic Court. S~ Luci~. Co.. FM. ~ ; T(~ETHER WITH all improvements now or hereatter localed on suid real pro~~erty and all fixtures, appliances, ap~x~ratua, equipment, heating ~nd air conditioning equipment, machinery and articles of peraonal property and mplacement thereof (other than thoae owned by leasees of said real properiy) now or herea(ter at(ixe~ to, attached to, ~~I~ced upon, or used in any way in connection with the complete and comtortable use, occupan~y, or operation of said mal pmi~e~ty, all licenses and permits uaed or required in connection with the use of said real property, all leases o( said real property now or E hereatter entered into and all right, title and interest ot A1ort~Cagor thereunder, including wilhout limitation, c:i.4h or sc~•uri- ~ ties deposited thereunder pucsuant to said leases, and all rents, issues, proceeds, and pro[its accruing (rom said re~! pr~,perty :~nd together wit6 all proceeds ot the com•ersion, vuluntary or involunlary ot any ot the toregoing into cash or liquid:ited cluims, including without limitxtion, proceeds o[ insuranre and condemnation awards (the foregoing said mal property, . tangibte and intangible personal property hereinatter re(erred lo as the l~tortgaged Property). Mortgugor hemby Kranls ; to Mortgagee a security interest in the toregoing descrihed tangible and intangible personai property_ TO HAVE AND TO HOLD the Mort~Caged Property, toRether with all and singular the tenements, hereditaments :~nd ! ~+l~Purtenances thernunto F?elonging or in anywise appertaining and the mversion and reversions thereof and all the estate, riQht, title, interest, homestead, dower and right o( dower, sepamte estate, possession, claim and demand whatsoe~•er, :~s well in Inw as in equity, o( Mortg~gor and unto the same, and every part thereof; with the a~~purtenances ot MortRaRor in and to the same, and e~•ery part and ~k~rrnl thereot unto MortgaKep. Morigagor warrants lh:~l it has a qood and marketable tiUe lo an indefe.i~ible fee estate in the AlortgaRecl Pm~?crty cubject to no lien, charge or encumbrance except such as Ibiortgagee has :~greed to accept in writing and rlortgagor covenants ~ that this Mortgage is and will remain a~•alid and enforc-eable first mortg~~e on the Mortg.?ged Property subjec•t only to the ~ ~ exceptions herein provided. Mortgagor has full power and lawtul authority to mortgaqe the 111orlgaged Pro~~erty in the ~ ~ manner s~nd (orm herein done or intended hereafter to be done_ Mortgagor wili preserve such title and will torever warr:~nt ~ :?nd de(end the same to Mortqagee ~nd will fom~~er warrnnt and defend the validity and priority ot the lien hereof a~Rainst t the claims ot all persons and parties whomsoever. ~ Mortqagor will, at the cost ot Mortgagor, and without e:pense to Mortgagee, do, execute, acknowledKe and deliver ~II ~ and every such further acta, deeda, conveyances, mortg~Kes, assignments, notices ot assiRnment, transfers and assuran~es as ~ Mortgagce shall from time to time require in order to preser~•e the ~~riority o[ the lien of this MortRage or to (acilitate the ~ ~ier(ormance of the terma hereof. . ~ PROVI D, ~j~~ ER, that it Mortgagor shall ~kry to Mortqagee the indebtednesa in !he principal sum o( $ '3~ evidenced hy that certain promissory note (the Note1, ot even date herewith, executed by Mortg:igor.and payable to order ot Mortgagee, with interest and upon the terms as provided iherein, and together with al{ other sums advanced by Mortgagee to ~rNOV~@rMl~~~ 1 J J3uant to the Note or this Mortgage, the final maturity date of the Note and this Mori age bein ~ , and shall periorm all other covenants and c•onditions ot the Note, aU of the terma of which Note are incorporated herein by rnference as though set (orih fully here- in, and ot any renewal, extension or modification, thereo( ~nd of this MortKage, then this Mortgage and the estate herehy ~ ~•reated shall cease and terminate. ~ ~ Mortgagor further convenants and agrees with Mortgagee as followx: l. To pay all sums, including interest secured hereby v~hen due, as provided (or in the Note and any renewal, extension or modi(ication thereof and in this Mortqage, all such sums to be ~~ayable in lawful money of the Unitc~ States of Amerir~ i ; ~ .it Mortgagee'a aforea~id principal office, or at such Mher place as MorlRaRee may designafe in writing. 2. To pay when due, and without requiring any notice trom blortgagee, all tazes, assessments ot any ty~~e or naturc ~ and other charges levied or assessc~ a8ainst the Mortgaged Prot~erty or this Mortgage and produce receipts theretor upon ~ demand. To immediately pay a~d discharge any claim, lien or encumbrance against the hinrtgaged Pro~~erty which may be ~ or become superior to this Mortgage and lo permit no default or delinquency on any other lien, encumbrance or ch~rge ? aRainst the Mortgaged Property. i ~ ~ 3. If required by Mortgagee, to also make monthly deposits with 111ortgagee, in a non-intereat bearing account, to- gether with and in addition to intereat and principal, of a sum equal to one-tweltih oi the yearly laxes and assessmenta which ~ may be levied againat the Mortgaged Property, and tit sc? required) one-tweltth ot the yearly premiums tor insurance - ~ } ~ thereon. The amount ot such ta:es, :~asessmenta and premiums, when unknown, shall be estimated by Morlgagee. Such ~ deposits shall be used by MorlgaRee to pay such tazea, assessments and premiums when due. Any insuf(iciericy ot such ~ ~ ~ - ~?:29$ ~ " 556 ~ ~ ~ r _ - ~ _ ~ i:r~ ~ < ~ z u. , ~ _W