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Home My WebLink About1811 MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAGE DEED (the Mortgage), dated a. of January 12 ~ 1979, by and Ix~lween Robert L. Stokes and Sally A. Stokes (herninatter called Mortgagor) and $13A Bank Of $t. Lucie County ,having an office at 111 =Orange Avenue, Fort Pierce ,Florida (hereinafter called Mortgagee); WITNE3SETH, that in consideration o! the premises and in order to secure the payment of both the principal of, and interest and any other sums payable on the note (as hereinafter defined) or this Mortgage and the performance and ob- servance of all of 'the provisions hereof and of said note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases, conveys, assigns, transfers, mortgages and nets over and confirms unto Mortgagee, all of Mortgagors estate, right, title and interest in, to and under all that certain rnal property situate in St. Lucie County, Florida more particularly described ae follows: Lot 33, Block 66, INDIAN RIVER ESTATES UNIT EIGHT, according to , the plat thereof recorded in Plat Book 10, page 73 of the public } records of St. Lucie County, Florida. V aecel~ee s --1~=-- ~ I T ~ ~ ~ F 1... v ~ ~ ~ ~ I DusOnClass"C"!~t:,ng:b~.f~:aorwlPrt~erty, DOCUMENTARY,::-:.:`~$TA M'_ Purt~ant To C?•spte~ ?1„ 134. Acts Of 1971. _ :~~.i~+- _ 1 I RCG[:R FOITRAS _ ,,..v ~ ~'7y ~ a°•'-~~ ~ ~ Z. ~ ~J ~ r s. _ ~ _ 1 (~.rit Circuit court. St. Luci., to.. R.. - TOGETHER. WITH all improvements now or hereafter located on said real property and all fixtures, appliances, ap)x+ratus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replacement - thereof !c;her 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 pro)retty, :+II lec~ nxs 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- ties deposited thereunder pursuant to said leases, and all rents, issues, proceeds, and profits accruing from said real property :+nd together with all proceeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated - cluinu, including without limitation, proceeds of insurance and condemnation awards lips forngoing, 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, heredituments 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, us r well in law as in equity, of Morigs+gor and unto the same, and every part thereof, with the appurtenances of Mortgagor in = :md to the same, and every part and panel thereof unto Mortgagee- Mortgagor warrants that it has a good and marketable title to an indefeasible tee estate in the Mortgaged Pro)?erty subject to no lien, charge or encumbrance except such as Mortgagee t+:+s agreed to accept in writing and Mortgagor covenants that this Mortgage is and will remain a valid and enfoneable first mortgage on the Mortgaged Property subject only to the exceptions herein provided. Mortgagor has full twwer and lawful authority to mortgage the Mortgaged Property in the manner and form herein done or intended hereafter to he done. Mortgagor will preserve such title and will forever warrant :+nd defend the same to Mortgagee and will forever warrant and defend the validity and priority of the lien hereof against the claims o[ all persons and parties whomsoever. Mortgagor will, at the cost 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 j Mortgagee shall from time to time require in order to presen•e the priority of the lien of this Mortgage or to facilitate the performance of the terms hereof. ~ PROVIDED, HOWEVER, that if Mortgagor shall tx+y to Mortgagee the indebtedness in the principal sum. of • ! S 8 r.3na. as evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and ulron the terms as provided therein, and together with all : other sums advanced by Mortgagee to or on beh:+lf of hiorigagor pursu:+nt to the Note or this Mortgage, the final maturity d:+te of the Note and this Mortgage being February 5 , 1994 ,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- E in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Mortgage and the estate hereby ~ created shall cease and terminate. ' 1 Mort a or further convenants and agrees with Mort +gee as follows: x g g K~ 1. To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, extension or modification thereof and iri this Mortgage, all such sums to be payable in lawful money of the United States of America at Mortgagee s aforesaid princi)~al office, or at such other place as htorigagee 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 assessed 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 Mortgaged 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. 1 _ 3_ If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- _ gether with and in addition to interest and princilhll, of a sum equal to one-twelfth of the yearly taxes and assessments which may be levied against the Mortgaged Property, and (if 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 - de{MSita shall be used by Mortgagee to pay such taxes, assessments and premiums when due- Any insufficiency of such ` fi ~ r~, - 8Q~K3U1 Y~~E1806 :r . F ~ _ ; -