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HomeMy WebLinkAbout0454 4'~8~4 ~ ~ r ~ MORTGAGE DEED AND SECURITY -AGREEMENT December 5 , 1878 ~ by and between THIS MOR'I'GAGS DEBD (the Mortgage), dated as of GLEN BLACKBURN TRUCKING, INC. i (hereinafter called Mortgagor) and SUN BANK OF ST. LUCIS COUNTY ,having an j y office at 111 Orange Ave. ~ Ft. Pierce ,Florida (hereinafter called Mortgagee): ~ WITNE93ETH, that in consideration of the premises and in order to secure the payment of both the principal of, and interest and any other sums payable on the note (as hereinafter defined) or this Mortgage and the performance and ob- servance o[ all of the provisions basso[ and of said note. Mortgagor hereby grants, sells, warrants, aliens, remises, releases. , conveys, assigns, trans[ers, mortga.Rns and sets over and confirms unto Mortgagee, all of Mortgagors brats, right, titk and interest ia, to and under all that certain real property situate in St. Lucie County. Florida more particularly described as follows:" Lot 72, White City Subdivision, Sectiona5e 23,mpublic6r Range 40, as recorded in Plat Book 1, p g ; records of St. Lucie County. Florida. Consisting of 9.18 acres. LESS Road and canal right of ways. i ~ v .aso*µ _.~wtp Z yltTkltg'dli. k:.1S ~ Dn~ / ~w"~'" y ~ TAiS iS A SECOND MORTGAGE to cw?pt~~r oaf u» ~ / ,y ~uaT. st. w'ae 'y - - r 'T'OGETHER WITH all improvements now or hereafter located on said real I~roperty and all fixtures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replacement thereof (other than those owned by lessees of said real property) now or hereafter affixed to, attached to, placed upon, or used in any way in connection with the complete and comfortable use, occupancy,. or operation of said real property. all licenses and permits used or required in connection with the use of said real property, all leases of said real property now or hereafter entered into and all right, title and interest of Mortgagor thereunder, including without limitation, cash or securi- t ties deposited thereunder pursuant to said leases, and all rents, issues, proi~eecls, and profits accruing tram said real property s and together with all proceeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said real property. tangible and intangible personal property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditamenls and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession. claim and demand whatsoever, as well in law as in equity, of Mortgagor :ind unto the same, and every part thereof, with the appurtenances of Mortgagor in and to the same, and every part and Marcel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible tee estate in the Mortgaged Prol?erty subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Mortgagor covenants that this Mortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Property subject only to the exceptions herein provided. Mortgagor has full power and lawful authority to mortgage the Mortgaged Property in the } manner and form herein done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant 1 and defend the same to Mortgagee and will forever warrnnt and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoe~~er. i Mortgagor will, at the coat of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall from time to time require in order to preserve the priority of the lien of this Mortgage or to facilitate the ~ performance of the terms hereof. PROVIDED HOWEVER, that if Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of _ ~ 15 , OOb.OO AR evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable "to order of Mortgagee, with interest and upon the terms as provided therein, and iogeii?er ,vi.h ~ - other sums advanced by Mortgagee to or on behalf of Mortgagor pursuant to the Note or this titortgage, the final maturity date of the Note and this Mortgage being ~aI1l1aT~ ~ r ~ 9~9 ,and shall perform all other covenants and ~ conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set forth fully here- in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Mortgage and the estate hereby i-reated shall cease and terminate. j Mortgagor further convenants and agrees with Mortgagee as follows: (f 1. To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, extension ~ nr modification thereof and in this Mortgage, all such sums to he payable in lawful money of the United States of America at Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing- 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature ~ ~ ::nd other charges levied or as.9essed against the Mortgaged Property or this Mortgage and produce receipts therefor upon demand. To immediately pay and discharge any claim, lien or encumbrance against the 1liortgaged Property which may be or become superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge against the Mortgaged Property. ~ 3. It required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- gather with and in addition to interest and principal, of a sum equal to one•tweltth of the yearly to:ea and assessments which f' 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 premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such STATE of FLORfD~ i D_OCJME_NTAR"~`.:.;~STtiMs T!,)' ~ _1_ r d [REV!- OflitEYEdUE ~ - - I t J JA ~ F,+i~ Z~ Pa-2 ,,.~r~~~ 2 2.5 0 I ; _ _ I i