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HomeMy WebLinkAbout2138 434806 i ~ MORTGAGE DEED AND SECURITY AGREEMENT THI8 MORTGAGE DEED (the Mortgage), dated ae of February 9 ~ I~~ , by and between ' John Moore and Bernadette M. Moore, his wife (hereinafter called Mortgagor) and SUN BANR OF ST. LUCIE .COUNTY ,having an office at 111 Orange Avenue, Fort Pie>ree - ,Florida (hereinafter called Mortgagee); WITNE88ETH, that in consideration of tbs premises and in order to secure Iha payment of both the principal of, and interest end any other soma payable on the note (as hereinafter dstiaed) or thin Mortgage and the performance and ob- - servanes of all of the provisions hereof end of said note. Mortgagor hereby grants, sells, warrants, aliens. remises, releaser, conveys, aasignr, transten, mortgages and seb over and confirms unto Mortgagee all of Mortgagor s estate, right. title and interest in, to and under all that certain real property situate in St • Lt1C~e County, Florida more particularly described as follows: `,~L~ Begin at the-intersection of the South line of the North 4.835- " chains of the South 12.165 chains-of Government Lot 3, Section 18, T36S, R418, St. Lucie County, Florida and the-West right of way line for South Indian River Drive, run West among said South line 568 feet, thence on a 90o angle run North 150.58 feet, thence run east parallel with the aforesaid South line 508.51 feet to the West line of South Indian River Drive, thence. run Southeasterly- 168.89 feet to. the point of-beginning. _ f . `.ATE o~ F- L_._U F-1 f ~ Q ~ ~ gECEt11C• i ~ O tK Mt71~lT ~r 1AX:S ~ ~Jlul cN i k v S T M t' f r, x 'THIS IS A THIRD MORTGAGE . lug al ~ s •r ~+r,ata_stE t?~eswtu tin. ~ rtEYENi~E ' FWISUJ1tti Tv ~tUPTER 71•U1, tiCTR OF _ ~i32!'79 CIS CLERK 'T'OGETHER WITH all improvements now or hereafter located on acid real property and all fixtures, appliances, appsratua, equipment, heating and air conditioning equipment, machinery and articles of personal property and replacement thereof (other than those owned by lessees o[ said real property) now or hereafter affixed to, attached to, placed upon. or used in any way in conneMion with the complete 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 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 Properly, together with all and singular the tenements. hereditaments 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, o~f Mortgagor and unto the name, 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 fias a good and marketable title to an indefeasible tee estate in the Mortgaged Property subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Mortgagor covenants that this Mortgage 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 torn 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 warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. " i 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 Mor(gagee shall from time to time require in order to preserve the priority of the lien of this Mortgage or to facilitate the performance of the ten~ns hereof. ' PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of j i3 s 800 • as evidenced Try that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and upon the teens as provided therein, and together with all other auras advanced by Mortgagee to or on behalf o/ Mortgago p~meant to the Note or the Mortgage; the final maturity ' date of the Note and this Mortgage being August 9 , l~tf `J ,and shall perform all other covenants and conditions of the Note, all of the farces of which Note are inrnrporated 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 soma to be payable in lawful money of the United States of America at Mortgagee a a(ore8aid principal 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, aaaessmenta 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. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- gather with and in addition to interest and principal, of a sum equal to one-twelfth o[ the yearly fazes 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 deposits shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such -1- r ee~ ~ - 100Ke7tJ~ PI~E~r~~ ~,G - -