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HomeMy WebLinkAbout2883 4353U1 ~ r _ _ MORTGAGE DEED AND SECURITY AQRE~ • ~T ~ r ~J ~ ~ TH13 MORTGAGB DEED (the Mortgage), dated as oI Jan. 27 , 19.79 , by and between HARiOLD G. NEL30N and ALICB 13. NSISON, his wife (hereinafter called Mortgagor) and SUN BANK OF ST. LUCIS CQUNTY ,having an office at 111 Orange venue, ort Pierce ~ ,Florida (hereinafter called Mortgagee); WITNE83ETH. thst in cowideretioa of 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, asrigw, trawlers, mortgages and seb over and confirms unto Mortgagee, all of Mortgagor i estate, right, title and interest in, to and undee all that certain real. property situate in St. LuCi~?unty, Florida more particularly described as follows: ( Lot 2, Block 31 of RIVER PARK SUBDIVISION, UNIT #3, a Subdivision according to the.Plat thereof recorded in Plat Book 10, Page 80 of 1 the Public Records of St. Lucie County, Florida. j 1 f ' ~ TAT E ~ ~ F i., C i"~~ ~ fi• 1 t~eclnea • `38 ~ ~ P•rtt«tt a Ta« t d , 7 t; ~~z C U All E N T is R 1` ~ Q 5 T A ,Vl i~ ~ ~ "C" lcttsnplbN ParsonN Pr'aPKtY. ~ 0 ~•r: t~?i> Ow On Clw O _ ` e ` ~i Z 5 0 ~ purtwMtt TO CItgP'!M • TRAS . , - ~ . ~ ' ~~9 ROGER POI ~ - - - ~ ~ Clerk CMt:uk Cotxt, SL Ltlci~. Co.. FM. 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 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 complete and comtoriable use, occu(wncy, 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 o[ the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, in_ eluding without limitation, proceeds of insurance and condemnation awards (the foregoing said real property, tangible and intangible personal properly hereinafter referred to as the I?iorigaged 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, hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions (hereof 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 m:uketable title to an indefeasible tee estate in the Mortgaged Prot?erty subject to no lien, charge or encumbrance ezcept such as Mortgagee has agreed to anept in writing and Mortgagor covenants .that this Mortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Pro(,eriy subject only to the exceptions herein provided. Mortgagor has full power and lawful authority to mortgage the Mortgaged Pro(>eriy in the manner and form herein done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant and defend the name to Mortgagee and will forever warrant and defend the validity and priority of /he lien hereof against the claims of all persona and parties whomsoever. ( Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all i 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 thin Mortgage or to facilitate the performance of the tenT?a hereof. PROVIDED, HOWEVER, thrt if A~origagor shall t:::y to Alorigagee the indebtedness in the principal sum of s lg, A8 as evidenced by that certain promissory note (the Note), of even date herewith, executed by j Mortgagor and payable to order of A~origagee, with interest and upon the terms as provided therein, and together with all i 9 other sums advanced by Mortgagee to or on behalf of Mortgagor pursuant to the Note or this Mortgage, the final maturity ° date of the Note and this Mort a e brio t?tarr_h 1 19A9 ~ ( B g K ? ,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- ' in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Morigpge and the estate hereby created shall cease and terminate. ' 0 Mortgagor further convenants and agrees with Mortgagee as follows: 1. To pay all sums, including interest secured heret?y when due, as provided (or 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 at Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing. ~ i 2. To pay when due, and without. requiring any notice from 111origagee, all taxes, assessments 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 thin Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge . against the Mortgaged Property. s 3. If required by 1lforigagee, 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 assessments which ~ may be levied against the Mortgaged Property, and (it 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- s ; . ~ooK~3 p~2879 - - - - - - - - - - 9~.- . e4 _ o - ~ _ ' r iSs~- ~