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Home My WebLink About0034 ' 4;L~'73V . , ~ . MORTGAGE DEED AND SECURITY A~REEMENT ~ THIS I~tORTGAG~ OkBD (the Mortgage), dated us ot `7~~rv 3 , 18~ , by and t~etween Il~IDIAN RNIIt F~OOD6, INC., a Flo~rida c~osporation, lhereina(ter catled MortBHR~r) ~ ST• , havinR cin o((ice ut 11,1 QY'd7~@ AVelllle~ F~. Plel'~CE . Flo~ida (heminatte~ called Mortgugeef: WITNfi33ETH, that in conside~tion of the premiaes and in order to securc the payment of Mth the principnl ot, and inter~t and any other sums payable on the note (as hereinatte~ detined) or this MortgeBe and the per[or~nance aod ob- servance ot all ot the pro+isions hereot and ot said note, Mortgagor hereby ~ranta, sells, warrants, aliens, remises, releases. conveys, aasigns. tcansters, mortgagea and sets ove~ and contimu unto Mortgu~ee, al! ot Mortgagor'a eatate, riRht. title nnd inteeesi in, to end under alt that certain re»I property aituute in - T~x`~ Couoty, Florida more particulyrly described as tollows: See F~chibit "A" attached hereto ar~d by refer~oe expressly made a part hereof. ~ffsR WI~i all buildings, structures, apparatus, chattels, fi.xtures, ecN-iP" , m~t, machin~ry, furnittse, furnishings, installations, and trade fixtures now - ar hereafter erec.~ted or plaoed in ar ~ori said p~+aperty. s ~P as to a~e 40~000 potmd per hair T.A.S.T.E. EVaporator, 5veffect, 7 stage, thern~al.ly aooelerated, short-time evaporat~or, manufactured by (~u].f MachineYy ~anY, this mr~rbgage is a seoo~nd mart~qag~e inferior bo that certain nr~rtgage , fran Indian Riv~er Fba3s, Inc. , txi Jotm Hanoock Mutual Life Insurar~ Qar~ny dated May 29, 1973, reoorc~ed May 29, 1973, in O.R. Book 214, page 1435, public reoords af St. Lucie Qamty, Florida. _ 'I'OCETHER WITH all improvements now o~ hereatter located on wiid real pro~~erty nnd all tixtures, lppli.~nces. ap{u+ratua, equipment, heating and air conditioning equipment, mAChinery and articles of {iersonal properly and replacement thereot (other than thoae owned by lessees ot said reai property) now or herea(ter a(fixed to, atlached to, placed upon, or used in any way in connection with the complete nnd comtortable use, occu~~ancy, or oper.~tion of said real property, all lirenses and permits used or requirnd in connertion with the use of said real property, all le:ises o( said real property now or hematter entered into and all right, title and intecest ot Mortg:igor thereunder, including vvithout limitation, cash or securi- ties deposited thereunder pursuanl to said leases, and all mnts, issues. prmreds. and profits accruing trom s:iid real property and together with all proceeds of the conversion, voluntary ur involuntary o[ :iny ot the (oregoing into cash or liquidatcd claims, including without limit:~tion, proceeds of insurance and condemnation awards (the forngoinR said real property. tangible and intangible personal pm~~eHy hereinatter reterred to as the Mortgaged Property). 1ltorigagor hereby Rrant, to Mortgagee a security interest in the (oregoing desa•ribed tangible and intungiMe ~>ersonal property. TO HAVE AND TO HOLD ~the MortgaRed Property, together with all and singular the tenements, hereditaments and appurtenances thereunto belonRin~ or in anyw~ise appertaining and the rnversion ~nd reversions thereot and aU fhe estate, riRht, title, interest, homeste:~d, dower nnd riRht of dower, sepante estate, nos.aession, claim and dem:~nd whatsoe~•er, a~ well in law as in equity, of Mortgagor :~nd unto the s.~me, and every part thereof, with the :ip~?urten:~ncPS o( MortRaRor in :ind to the sa~ne, nnd every ~tt and ~~rcel thereo( unto MortRaRee. Mortgagor warrants that it has a Rood and marketuble title to an indefeasible fee• estate in the MortR:+Rec1 Pn~{mrty ~ subje~•t to no lien, rharge or encumbrance except such as Mortgagee has uRrc~~d to acrept in writing and Mort~agor covenants ~ that this Mortga~e is and will mmain a valid and enfurceable tirst mortgage on the Alortga~ed Pro~~erty subjec•t only to the ~ ezceptions herein provided. MortRagor has full po~+•er and law(ul authority to ~nortgage the Mortgaged Pro~~erty in the ~ manner and form herein done or intended hereafter to be done. MortRagor will pre~erve such title and will forever warr~nt ~ and de(end the same to Mortgagee nnd will forever w:~rrnnt ~nd defend the validity and priority ot the lien hereo( :~Rainst € the i•laims ot all persons and'parties whAmsoe~~er. ~ ~ Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all ~ and e.~ery such further acts, deeds, conveyances, morigages, assignments, notices ot assignment, transfers and assurances as ~ Mortgagee shall from time to time rc~uire in order to presen•e the ~>riority o( the lien ot this Mortgage or to (acilit~~te the pertormance ot the terma hereof. ~ PROVIDEll. HOWEVER, that it Mortgagor shall ~~:ry to Morl~aRee the indehtedness in the princi~u+l sum of a 750,~~~•~0 ' aa evidenced by that c~ertain promissory note (the Note1, of e~•en date herewith, executed by 1lortgagor nnd payable to order of Mort~aRee, with interest and u~wn the terms as provided therein, and together w•ith all other sums <idvanced by MortgaRee to or on behalf o( MortRaqor pursuant to the Note or this MortRage, the final maturity date o[ the Note and this :~tortgage beinR ~-n~ l~ 1984 , and"shall i~erform all other i•o~•enants and ~ conditions of the Note, all of the terms of which Note are incorywrated herein by reference as thouRh set forth tully here- ~ in, nnd of any rnnewal, extension or m~ification, fhereo( :ind of this MortQage. then this Aiortgage and the estate hereby zr ~reated shall cease and terminate. htortgagor (urther convenants and ~grees with Mortga~ee :~s follows: 1. To pay :~II sums, including interest secured hereby whrn due, :is provided for in lhe Nute and any rene«•al, extension ~ ~ or modi(ication thereof and in lhis MortK:~Ke, all such sums to be ~x~yable in lawful money of the Unitecl States of America ~ _ at Mnrtgt~gre's a(oresaid principal ottice, or at such other place as MortRaRee may desiQnate in writing. ~ ~ 2. To pay when due, and without requiring any notice from. hiortgagee, all taxes, asscessments of any ty~~e or nature - and other charges levied or :issessed .?gainst the 141ortgaged Property or this Mortgage and produce receipls there(or upon ~ demand. To immediately pay and discharge any claim, lien or encumbrance again.ct t6e Mortgaged Property which may be or F?ecome superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge ~ aR:~inst the Mortgaged Property. - Q.~. r~ 3. If required by MartgaRee, to also make monthly deposits with R1ortgagee, in a non-interest t?earing account, to- gether with and in addition to interest and principal, ot a sum equal to one-twelfth of the yearly tazes and assessments which ;v may t?e le~•ied against the Mortgaged Property, and (if so required) one-tweltth o( the yearly ~remiums tor insurar?ce _ thereon. The amount ot such taxes, a~.cessments and premiums, when unkaow•n, ahall be estimated by MortgaRee. Such ~ de~~osita shall be used by Aiort~aRee to pay such taxes, assessments and premiuma when due. Any insutficiency ot such . Reeeived ~ In PsymeM O~ TaxN ~ ~ `.-~j • -1- Oue On Class "C" Intanpbis Personal PropKtr. ~ i' y g~' ~r 3~~ ;;!;f 34 Pu?susm To Chaptsr 71, 134. Acts O. 1871. . ROGER PWTRAS ~-de~ _ CIe~A ClrCUtf COU1't, $L LUCM, CO., FI~. ~y ~ - - - • ~ _ _ . ; ; ~ } F l ~ ~ ~,o . _ .