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HomeMy WebLinkAbout2057 • ~ .'~3fs561 - ;t MORTGAGE DEED AND SECURITY AGREEMENT TH13 MORTGAGE DEED (the Mortgage), dated as of 8th day of Mar~er~.9 by and between Dominic Procino and Ann Procino, his wife (hereinafter called Mortgagor) and Sun Bank Of St. Lucie COUnty .having an office at 111 Orange Avenue, Fort Pierce, ,Florida (hereinafter culled 1Mortg:fgee?: WITNES3ETH, that in rnruideration 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 las 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. assigns, transfers, mortgages and sets over and contitras unto 1~lortgagee, all of Mortgagor s estate, right, title and interest in, to and under all that certain real property situate in St_ i.ur_ir+ County, Florida more {wriicularly described as follows: Lot S, Block 18, Queen's Cove Unit 1, as per plat thereof, as recorded in Plat Book 11, pages 12A, 128, and 12C, of the Public Records of St. Lucie County, Florida. _ ~ ~ In PaV~nunt OI TexM r Z ~ : _ - ~ , - ~ ~ . , , _ _ • -t, ..owed ~ Ptt>p~t1l ~ L _ _ • , : r~ ; ~ _ . t; „e ~n C~=~ a ..C•. {ntanQible Personal • ~ _ - • . ~ _ c+,:, = yam Tr chapter 71.13. /1G1a 011!71. _ - - - t ~ ~ 4, ~ ~ ~ ROGER POi1Al18 1'~ / _ C;ark Circ: Court. St. L1iCiA. CO..1'~!. TOGETHER WITH all improvements now or hereafter located on s:fid real pro{?erty and all fixtures, appliance's, apparatus, equipment, heating and air conditioning equipment, machinery and ariic•les of {personal pro{~erty and re{flacement thereof (other than those owned by lessees of said real property) now or hereafter affixed to, attached to, {laced upon, or used in any way in connection with the complete and comfortable use, occupancy, or operation of said real pro{ferty, :fll licenses and permits used or required in connection with the use of said real property, all leases of said real pro{feriy now or hereafter entered into and all right, title and interest of Mortg:fgor thereunder, including without limitation, cash or see•uri- ties deposited thereunder pursuant to said leases, :fnd all rents, issues, proceeds, and profits :fcc•ruing from s:?id real pro{~erty and together with all praeeds of the c•om•ersion, voluntary or involunt:fry o[ 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 pm{~erly hereinafter referred to as the Mortgaged 1'roperiy). Aiortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible {personal properly. TO HAVE AND TO HOLD the Mortgaged Pro{xrty, together with all and singular the tenements, heredit:finents :end appurtenances thereunto belonging or in anywise ap{~ertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, aeparnte estate, possession, claim and demand whatsoever, as ' ~ well in law as in equity, of Mortgagor :end unto the s:fine, and every part thereof, with the appurtenances of 1Mortgagor in - and to the same, and every part and {>ifrcel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortgaged 1'ro{x•rty euhjec•t to no lien, charge or enc•umbrfn<r except such as Mortgagee has agreed to accept in writing and Mortgagor eocenants that this irtorigage is and will remain a valid and enfon•eable first mortgage on the Mortgaged Pro{?erty subject only to the exceptions herein provided. Mortgagor has full power and lawful authority to mortgage the Mortgaged Yro{?erty in the manner and form herein done or intended hereafter to I?e clone. Mortg:fgor will preserve such title and will forever warrant t and defend the same to Mortgagee and will forever warrant and defend the validity and priority of the lien hereof against ¢ the claims of atl {persons and parties whomsoever. Mortgagor will, at the cost of Mortgagor, and without ex{~ense to Mortgagee, do, exee•ute, acknowledge and deliver all ~ and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as { Mortgagee shall fmm time to time require in order to pmserve the priority of the lien of this Aortgage or to facilitate the $ {?erformance of the terms hereof. PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of S 16.000.00 as evidenced by that certain promissory note (the Note), of even date herewith, exer•uted br Mortgagor and payable to order of Mortgagee, with interest and u{x~n the terms as provided therein, and together with all 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 ;Mortgage being 1"lareh 8, 1980 • and shall {perform all other covenants and conditions of the Note, all of the terms of which Note are incor{wrfted herein by reference as though set forth fully here- in, and of any renewal, extension or modification, thereof and of this Mortgage, then this rortgage and the estate hereby created shall cease and terminate. Mortgagor further comen:fnts and agrees with Mortgagee aA follOM's: 1. 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 sue•h sums to be payable in lawful money of the United States of America at Mortgagee's atoreafid princi{?al office, or at such other place as 114ortgagee may designate in writing. 2. To pay when due, and without requiring any notice tram ;Mortgagee, all taxes, assessments of any ty{~e or nature _ and other charges levied or assessed against the Mortgaged Property or this Mortgage and produce receipts therefor u{x~n k= demand. To immediately pay and disrhurge any claim, lien or encumbrance against the 1lfortgaged Property which may tx• _ or become su{?erior to this Mortgage and to permit no default or delinquency on any other lien, encumbr:nce or charge against the Mortgaged Property. ~ _ 3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- r; gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments whie•h may he 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 estirrufted by Mortgagee. Such de{waits shall he used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such may. -I_ °ccr 304 'Af' 2055 -