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HomeMy WebLinkAbout0079 i . - ~ . . j . ~ 4390'72 . ~ ~ / . ~ MORTGAGE DEED AND SECURITY AGREEMENT ~ THI3 MORTGAGE DE~D (the Motl~use), dated a~ ot lL=Ch 28 , 18._?9, by and between I.~WRENCS M. H~II~TT. III and DONNA N. HAl~4lb'TT. HIS i~1IFS (hereina[ter celled Mori~agor) and SUN BANK OF ST. . LtICIS CO[INTY , having un ottice at 111 Ox'dnqe Avenue, Ft. Pferce , Floricle (hereinatter calied Mortgugee): WITNE83TsTH. tl~at in considetatioa of the premisea end in order W~ecure the payment of hoth the principal ot, a~d interest and any other iums peyable on tbs note (us hereinetter detined) or this Mortgage and the pertormance and ob- servance ot all ot the proviaions hereot and of said note. Mortsago~ hereby sranta, ~eUs, warrants, alie~s, remiees, releaeca. conveys. as~ignt. transters, mortasages and sets over and rnniinns unto Morlga~ee, ail of Mo~sagor s estate, riRht, title and int~rest ia. to and under all that certain real property situate in St i.uc-i r, County. Florida more particularly described aa follows: Lot A~ Block 13, QUEffi~1S COVS UNIT l, accordfnq to the Plat thereof as recorded in Plat Book 11, Pages.l2A thur 12C inclusive, of the ~O Public Records of St. Lucie County, Florida: ~ ~ ~1;~~~~ ~_,-FL.CG r-' ! E y C~ R', r _ E: Rec.ti~sa ~ , . . ~ ~ ~..~v_- . ; ~ : , ~ ~ in P~yn+~nt Of T~xa , : ' ~ `_Y~ ` ~ ~ ' J ! ~us an Ciass ints~p~oi~ ~srsor~si ~rt~i, y~- purausnt To Chaptw 71, 134. Actt OI 1971. - _ ~ - - S ROGER POITRAS °J ~ C~erk Ci?cuit Cour6 SL ~uCN. 0~.. FI~. 'I'O('ETHER WITN all impro~•ements now or hernafter located on saed real proi~erly and all tixturea, appliances. apparatua, equipment, h~ting and air conditioning equipment, machinery and articles ot personal ptoperty and replacement thereof (other tban t6one owned by leaBeea of aaid real pmperty~ now or hereatter attixed to, attached to, placed upon, or uaed in any way in connection with the complete and comfortable uae, occupancy, or operation of said real property, all licenses and permita used or requited in connection with the use o[ said real.property, all leasra of said real property now or hereatter entered into ond ail right. title and intereat ot Mortgagor thereunder, including without limitation, cesh or securi- ' ties depoaited thereunder pursuant to suid leases, and all renb, issues, pra~eeds, and protits accruing Irom said real property and logether with all proceeds of the converaion, ~•oluntary or im~oluntary of any o( the foregoing into cash or liquidated claims, including without limitation, proceeda of insurance and condemnation awards (the foregoing said real property, tangible and intangible personal properiy hereinatter re(erred to aa the Mortguged Property)_ Mortqagor herehy grams to Morlgagee a security interest in the toregoin~t descrihed tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Pro~~etty, toqether with ali and sin6ular the tenements, hereditaments nnd appurtenancea thereunto belonging or in anywise appertaining and the reversion and reveraions thereof and all the eatate, right, title, intereat, homeatead, dower nnd right ot dower; aeparnte estate, poa~saion, claim and demand whatsoever, as well in law aa in equity, ot Mortgagor and unto !he aame, ~nd every part thereof, with the appurlenances ot MoctRngor in and to the aame, and every part and parcel thereof unto Morigagee. Mortgagor warrants that it has a good and marketable tiUe to an indefeasible fee estate in the MortR.iRed Pro{~erty j subject to no lien, charge ot encumbrance e:cept such as Mortgagee has agrred to accept in writing and 111ortRagor covenants I that this Mortgage is and will remain a valid and entorceable first morfgaRe on the Mortgaged Property subject only to the ~ ezceptiona herein provided. Mortgagor haa tull power and lawful authority to mortgage the Mortgaged Pro~~erty in the ~ manner and torm herein done or intended hereafter to be done. Mortgagor will preaerve auch litle and wili forever warrant , and detend the same to Mortgagee and will torever ws?rmnt and defend the validity and priority ot the lien hereot ngainst j the claima o( ali persona and parties whomsoever. . ~ Mortgagor will, at the cost ot Mortgagor, and withoul ezpenae to Mortgagee, do, execute, acknowledge and deliver all and every such further acta, deeda, conveyances, mortgagea, assignments, noticea ot assignment, transters and assurances as ~ Mortgagee shall from time to time,require in order to preaerve the priority o( the lien of this MortRnKe or to facilitate the pertormance of tl~e terms hereof. ~ PROVIDED, HOWEVF.R, that it Morigagor ahall ~k~_v to Mortgagee the indebtedness in the principal sum o( a~ ~,~nnn_nn a,s evidenced by that certnin promissory note (the Note), ot even date herewith, e:ecuted by Mortgagor and payable to order ot Mortgagee, with interest and upon the terms ns provided therein, and together with all ofher auma advanced by Mortgagee to or on behalf ot Mort~aqor pursuant to the Note or this Mortgage, the tinal maturity date of the Note and this hlortgage being +-Aj~,:~3r-~S~4 , and shall periorm all other covenants and conditions o( the Note, all of the terms of which Note are incorporated herein by reterence as lhough set forth fully here- in, and of any renewal, extenaion or modification, thereot and of this MortRage, then this N,ortgage and the estate herebv ~ created shall ceaae And term7hate. • ~ Mortgagor further convenants and agreea with blortqagee as tollowa: ~ 1. To pay all sums, including interest secured hereby when due, as provided tor in the Note and any renewal, extension ~ or modi(ication thereof and in thia MortRage, all such sums to be payable in lawtul money of the ilnited States ot America ~ :~t Mortgagee'a aforesaid principal office, or at such other place as MortgaRee may designate in writing. ~ ~ 2. To pay when due, and wi(~out requiring any notice from Mortgagee, all taxes, assessmenta of any type or nature ~ and othPr charges levied or aasessed against the Mortgaged Property or thia Mortgage and produce receipts there(or upon ~ demand. To immediately pay pnd die?charge any claim, lien or encumbrance against the Mortgaged Property which may be ; ~ or become ~uperior to this Mortgage and to permit no de(ault or delinquency on any other lien, encumlxance or charge ~ ~ aRainst the Mortgaged Properly. 3. If required by Mortgagee, fo also make monthly deposits with Mortgagee, in a non-interest t?earing account, to- ~ ~ gether with und in addifion to interest and principal, o( a sum equal to one-tweltth o( the yearly ta:es and assesriments w~hich ~ may t?e levied ag:~inst the Mortgaged Properly, and (it so required) one-tweltth ot the yearly premiuma (or insurance ~ thereon. The amount ot such laxes, assessmenta and premiums, when unknown, shall be estimated by Mortqagee. 3uch ~ deposita ahall be used by Mortqagee to pay such taxes, assessmenta and premiums when due. Any insu(ticiency ot such ~ -1- ~ ~ ~OGK ~JIJU FA!;E O7~ ~ ~ ' ~ ~ ~ ~ ,'~J• zr_': %:-,~~'s,~~ - . ~,B`~,~ ` -a ~ .v~=~Y~n,T~t~~%•.-3r~c` . .T _ . _ . . r.