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Home My WebLink About0066 ; . ; ~I ~ "i ~ MORTGAGE DEED AND SECURITY AGREEMENT~ ~ THIS MOR'i'GAGB D~ED (~he Mor~a~e). daced as d Fehruary. 7 , 18~9 by a~d between R. Dale Ernsberqer - ' (hereinatte~ called Mortsasor) and SL1I1 Bank ~ of St. Lucie County , having an ~ otticeat 111 Oranqe Avenue, Fort Pierce , Florida (hereinattercalled Mortgugee); i. . WITNE83E'I'H. that i~ coiuideration ot the premise~ and in order to ~ecure the paymant of both the principal ot. and ~ intee+e~t and any other sums peyabte on the note (a~ heerinatter detined) or t6u Mortgage and the partormance and ob- servancs ot eli ot the provisiom hereot and ot said note, Mortaagor hereby 6rsnts, sells, warrants, alier~s, remi~ea, releases, conveys. assigns. trsn~(era. nwrtsages and sefa over and contirm~ unto Mortgaaee, all ot Mortga6or s estate, riRht, title aod intere~t iu. to and under all that certaia real property siluate in St . Lucie County. Florida more particularly describsd as tollows: ~ From the intersection of the West side of Totten Road as now laid out North of State Road #8 (now State Road 70) and the North line of the SW~ of SW~C of Section 17,Township 35 South,Ranqe 40 East, run thence South along said West line a distance of 495 feet to a stake; thence West parallel With the North line aF said SW~C of the SW~ a distance of 70 feet to point of beginning;'thence continue West 178 ~ feet to a stake; thence run South-parallel with said Totten Road a~ t distance of 267.4 feet to the North side of State Road #8 (now State Road 70); thence run Easterly alonq said North line 178.7 feet to a~ ~ stake; thence run Northerly 230.1 feet to point of beginning: _i Exceptinq therefrom that part conveyed to the State of Florida by deed recorded in Deed Book 240, page 519 of the Public Records of St.~Lucie County, Florida. 1'O('ETHER WITH all improvementa now or herestter locuted on said real property nnd all ti:tures, s~ppliances, apparatus, equipment. heatin6 and air conditioning equipment, machinery and articles o[ personal pmperiy and repincement thereo[ (other than those owned by leseees ot said real pwperty) now or hereatter afti:ed to, attarhed to. placed upop; or used in any way in connection with ihe complete and comfortable use. occupanry, or operation ot aaid real pmperty, ail licensee and peranits oserl or required in connection with the use o[ said real property, all leases of aaid real pwperty now or hereutter entered into and all right, title ~nd interest oi Morfgagor thereunder, includinq without limitation, cash or securi- ties depoeited thereunder pursuant to aaid leases, und all rents, iasues, proceeds, and profits uccruing (rom said real property and together wiW all procee~is ot the conversion, voluntary or involuntary" ot any ot the foregoing into cash or liquidated • clxima, induding without limitation, proceeds of insurance and condemnation awards ltbe fo~going said real property, tangible and intangible peraonal property heceinafter reterred to as the Mortgaged Property). Morigagor hereby grants to Mortgagee a security interest'in tt~e (oregoing described tttngible and intungible personal pmperty. . 'PO HAVE AND TO HOLD ihe Mortgaged Property. logether with al) and sin6ular the tenements, heredit~ments and appurtenancea thereunto belonging or in anywise appertaining and the reveraion and reversions thereot and all the estale, right, title, intereat, homestead. dower and right ot dower, separnte estate, poeseseion, ctaim and demand whatsoever, us well in law aa in equity. of Mortgagor and unto the same, and every part thereof, wit6 the appurtenances of Mortgngor in and to the same, and every pnrt and parce) thereof unto Morigagee. Mortgagor warrants that it has a good and markelable title to an indefeasible (ee estate in the Mortgaged Pro~?erty ~ subject to no lien~ charge or encumbrance e:cept such as Mortgagee has agreed to accept in writing and Mortgagor covenants I that thia Mortgage ia and will remain a valid and enforceabie Crat mortgage on the Mortgaged Property subject only to the e:ceptiona herein provided. Mortgagor has full power and law(ul authority to mortgage the Mortgaged Property in the ~ manner and form 6erein done or intended hereafter to be done. Mortgagor will preserve auch title and will forever warrant ~ and defend the aame to Mortgagee and will (orever warrnnt and defend the validity and priority ot the lien hereo( ~gainst E the claima o( all persons and partiea whomsoever_ - ~ Mortgsgor will, at the cost of Mortgagor, and without expense to Mortgagee, do, ezecute, acknowledge and deliver ali and every such further acts, deeds, conveyancee, mortgages, a$aignments, noticea of assignment, trana[ers and assurances as Mortgagee shall from time to time require in order to preaerve the priority of the lien of this Mortgage or to facilitate the pertormance ot We terma hereof. PROVIDEb, HOWEVFR, that it Mortgngor ahall pay to Mortgagee the indebtedness in the principal sum of g 4 ~.r ~ 0 aa evidenced by that certain promissory note (lhe Note), of even date herewith, executed by 11{ortgagor and payable to order of Mortgagee, with interest and u{wn the terms as provided therein, and together with all other suma advanced by Mortgagee to or on behalf ot Mortgagor pursuant to the Note or this Mortgage, the final tnaturity date ot the Note and thia Mortgage being F@brIIdry 1~ ~ 1989 , and shall perform ap other covenants and conditions of the Note, all ot the temna of which :Vole are incorporated herein by reterence as though aet forth fully here- in, and of any renewal, e:tension or modification, thereot ~nd of this Mortgage, then this Mortgage and the estate hereby _ rreate~ shall cease and terminate. ~ Mortgagor furiher convenanta and agrees with Mortgagee as (ollowa: ? ~ ~ l. To pay all sums, including interest secured hereby when due, as provided (or in the Note and any renewal, extension ; or modification thereot and in thia Mortgage, aU such sums to be payable in lnwful money of the United States of America ~ at Mortgagee's atoresaid pnnc~pal 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, aasesamenta of any type or nature ~ and other chatrges levied or aaseseed against lhe Mortgaged Property or thia Mortgage and produce receipts therefor upon ~ ~ demand. To immediately pay and dix6arge any claim, lien or encumbrance againat 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. If required by- Mortgagee, to also make monthly deposita with Mortgagee, in a non-inteteat bearing account, to- ~ ~ gether with and in addition to interest and ptincipal, ot a sum equal to one-twelFth o[ the yearly ta:es and assessments which i ~ may be levied against the Mortgaged Property, and (it so required) one-twel(th o[ tbe yearly premiums tor insurance ~ thereon The amount ot auch ta:es, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such ~ deposits shall be used by Mortgagee to pay such taxes, asaessments and premiums when due. /elny insutticiency of such S ~;~~~v Receivsd s~0,~ In Payrnent 01 Tax~s p Due On Class •.C.. lntanpibls PersoriN PropKty. ~ ~ Q R ~(~j~ Pu?suant To Chapter 71, 134, Acts Oi 1871. ~ SOOK NVV PACE ~ RO(iER POtTRAS ~~2 ~ ~ c~e?k C~rcun Coun. St. u~cie~. Co., Fla. 1~ , - ~ . - - u,~ - ~ '~f~~ : ~ Y~;; , ^x°~p';