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HomeMy WebLinkAbout1338 ~ ~ 4 ~?.318 MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAGE DEED (tbe Mortgage), dated as of January 29 ~ 19 79, by and between Georqe Saleeby, Jr. and Mae Saleeby, his wife ' (hereinafter called Mortgagor) and $un Bank of St. Lucie COUnty ,having an office at 111 Orange Avenue, Fort Pierce ,Florida (hereinafter called Mortgagee): WITNE33ETH, thst in consideration of the premises and in order to secure the payment of both the principal ot, and interest and any other sums payable on the note fas hereinafter defined) or this Mortgage at+d the performance and ob- . servance of all of the provisions heceot and o[ said note. Mortgagor hereby grants, sells, warrants, aliens, remises, releases, conveys. assigns, transfers, mortgages and seta over and confirms unto Mortga ee, all of Mortgagor s estate, ri{[ht, title and interest in, to and under all that certain real property situate in St • ~uCle County, Florida more particularly described as follows: Lot 1 and the East 10 feet of Lot 2, less the South 12 feet of said Lots 1 and 2, Block "I", of MARAVILLA ESTATES, as per plat thereof recorded at Plat Book 8, page 77 of the public records of St. Lucie County, Florida. / _ ti~ ~ rw f>r ttu~ wTOtE~?'Mr 1~ Cgjx•~S t: tttillll4'•111~ ~ / • t U::SttpMT T~ ` ~Ti?161~ iggT::As c, _ ti.T ~OUAT. St. LYt~ ~ ~ r TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, apparatus, equipment, heating and air rnnditioning 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 cdmplete 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- ties deposited thereunder pursuant to said leases, and all rents, issues, proceeds, and profits accruing from said real property 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 here'iriafler referred to as the Mortgaged Property). Mortgagor hereby grants to (Mortgagee a security interest in the foregoing described tangible and intangible personal property. i 4 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, as well in law as in equity, of Mortgagor and unto the same, and every ,part thereof, with the appurtenances of Mortgagor in and to the same, and every part and parcel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible [ee estate in the :Mortgaged Property subject to no lien, charge or encumbrance except'such as 1ltortgagee has agreed to accept in writing and Mortgagor co~•enants that this bortgage 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 lie done. Mortgagor will preserve such title and will forever. warrant :+nd defend the same to Mortgagee and will forever w:+rrnnt and defend the validity and priority of the lien hereof against s the claims of all persons and parties whon+.goever. i t Mortgagor will, at the cast of 114ortgagor, and without expense to Mortgagee, do, execute, arknowledge and deliver all j and every such further acts, deeds, rnnveyances, 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 Iliortgage of to facilitate the performance of the terms hereof. PROVIDRD, HOWEVER, that it Mortgagor shall lu+y to Mortgagee the indebtedness in the principal sum of J E 19 , 50 0.00 ~ 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 pro~~ided therein, and together with all ~ other sums advanced by Mortgagee to or on behalf of Mort a or pursuant to the Note or this Mortgage, the final maturity ' date of the Note and this Mortgage being February ~1~ , 1994 ,and shall perform all other covenants :+nd 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 ~ created shall cease and terminate. Mortgagor further convenants and agrees with Mortgagee as follows: ~ - t. To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, extension or modification thereof and in this• Mortgage, all such sums to be payable in lawful money of the United States of America s 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 tram Mortgagee, all taxes, assessments of any type or nature - ~ s 1 and 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 Prol+erty 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. Iortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and as-gessments which may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance ~ thereon. The amount of such fazes, assessments and premiums, when unknown,~ahall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such e UP r 1338 eo:~* 3U2 ~ •