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Home My WebLink About2759 t . s ~ ) MORTGAGE DEED AND SECURITY AGREEMENT ' THis MORTGAGE DEED (tlis Mortgage), dated ~ of February 7 , i979, by and between Cleve L. Johnson and-Bens Johnson Ihereina[ter called Mortgagor) and Sun Bank Of St. LuCi@ COUnty ,having an otticeat 111 Orange Avenue, Fort Pierce, ,Florida (hereinafter called Mortgagee): WITNE89ETH. that in consideration of the premises and in order to securo the payment of both the principal of, and interest and any other sums payable on the note (as hereinafter defined) or thin 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 seta over and confirms unto Mortgagee all of Mortgagor's estate, ri{tlet, title and interest in, to and under all that certain real property situate in St. LuC~e County, Florida more particularly , described as follows: Lots 7 and 8 Block 4, Replat of Pala Gardens, as recorded in Plat Book 12, Page 42 of the public-records of St. Lucie County, Florida. S-f'ATE ~LORiJ~, 1 UC~CUMENTARY~..:..~SThMP 'AX•I [eEPT. Of REVENUE - I t n n? 4 r ~ f1 p _ ~ MI pAY11EJIT Of TAXEi x ~ v tNE till CWts 'C tiRAMfi@tE':JIS>lK.1l PMIPERns • p1111iuAltT TO t~tIMTEII tt•t=g. Acii of N11~ t 1 g00F~ p01TltAS '~T~ 6L~ tlrOwl t4~T. iT. iulaE C!. Ift~ TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replncement 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 acid 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 profile accruing from said real property and together witb 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 tnngible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditamenta 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, {iosseaaion, claim and demand whietaoever, as well in law as in equity, of Mortgagor and unto the name, aced every part thereof, with the appurtenances of Mortgagor in and to the same, aced every part and panel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortg:eged Pro{,arty subject to no lien, charge or encumbrance ezcept such as Mortgagee has agreed to accept in writing and Mortgagor rovenants that this Mortgage is and will remain a valid and entorreable first mortgage on the Mortgaged Property subject only to the ezceptions herein provided. Mortgagor hoe 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 j 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 whomsoever. ~ 'Mortgagor will, at the cost of Mortgagor, and without :expense to Mortgagee, do, ezecute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall tram time to time require in order to preserve the priority of the lien of this Mortg_ age or to facilitate the performance of the terms hereof. t PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of a 6000 . ~ evidenced by that certain promissory note tthe Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all other soma advanced by Mortgagee to or Qn aehalt o~ c~tg;go~gp~s~ant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage tieing 1r'e Yua 1~5 JJttff , and~ahall perform all other covenants and conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set torch fully here- in, and of any renewal, eztenaion or modification, thereof :end of this Mortgage, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further convenants and agrees with Mortgagee as follows: k 1. To pay all sumo, including interest secured hereby when due, as provided for in the Nole and any renewal, eztension or modification thereof and in this Mortgage, all such sums to be payable°in lawful money of the United States of America at Mortgagee's aforesaid principal office, or at such other place as Mortgagee mny designate in writing. j 2. To pay when due, and without. requiring any notice from Mortgagee, all taxes, aasesamenta of any type or nature 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 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. Ii required by Mortgagee, 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 aseeasmenta which may be levied against the Mortgaged Property, and (it ao 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 to:es, assessments and premiums when due. Any insufficiency of such a k ~oo~ 302 ~A~~ 2?56 ~ ¢,Y ~ - -