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HomeMy WebLinkAbout2394 • s-8195 D3 ~~ossz q' MORTGAGE DEED AND SECURITY AGREEMENT THI3 MORTGAGE DEED (the Mortgage), dated as of ~ r; i 1 d. , 19 Z9• , by and between EUGSNS L. ICING and IMAGGIE F. KING, his wife (hereinafter called Mortgagor) and SUN BANK OF ST. LUCIB COUNTY ,Paving an office at 111 Orange Avenue, Ft. Pierce, ,Florida (hereinafter called Mortgagee); W1TNE38E'~'H, that in consideration 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, assigns, translen, mortgages and seb over and confirms unto Mortgagee, all of Mortgagor's estate, rittht, title and interest ia, to aad under all that certain real property situate in _ St,,, iarni a County, Florida more particularly described as follows: . The East 80 feet of the West 554:09 feet of that part of the NWts of the SE~i of Section 33, Township 34 South, Range 40 East, lying South of Canal No. 1; Less the South 25 feet for road ~ right-of-way. • 3a,~ ~ i AT ~ ~ _ F L J ; ~ ; ~ 1lecehrsd ! In Pavrnent Ot Taxes +1 M_ E t: ~ A R Y ~ , . Sit. M_i~__ t. ~ j Ous On Class "C" Intarr~ible Personal Property, ~ rsuant To Chapter 71. 134. Arta Of 1871. _ . " ~ ~ . ,~F Z Z. 5 ~ I ROGER PaTRAS S- - r.y ~ - ~ _ _ s Clertr Ctr~cult Court, St Lucie, Co., ~ TOGETHER W[TH 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 comfortable use, occupancy, or operation of said real property, :ill 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, proc,•eeds, 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, including without limitation, proceeds of insurance and rnndemnation 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 deac•ribed tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Prot~erty, together with all and singular the tenements, hereditaments :~ncl af~purienancea 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, 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 marketable title to :~n indefeasible fee estate in the' Mortgaged Prot?erly 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 form herein done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant and defend the same to Mortgajee and will forever warrnnt and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. ~ Mortgagor will, at the cost of Mortgagor, and without a:pence to Mortgagee, do, execute, acknowledge and deliver all ~ and every such further seta, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall from time to time require in order to frreaene the priority of the lien of this Mortgage or to facilitate the performance of the terms hereof. PROVIDED, HOWEVER, that if Mortgagor shall Ikry to .Mortgagee the indebtedness in the principal sum of s 15.000.00 as evidenced by that certain promissory note (the Note), of even date herewith, executed fey Mortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all - t other sums advanced by Mortgagee to or on behalf of 1liortgagor pursuant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage being -A= > 7 2 ~ 1 qR9 ,and shall her(orm all other covenants and conditions of the Note, atl of the terms of which Note are incorporated herein by reference as though set forth fully here- I in, and of any renewal, extension or modification, thereof :end of this Mortgage, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further convenants and agrees with Mortgagee as follows: 8 ~ 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 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. 2. To pay when due, and without. requiring any notice from Mortgagee, all taxes, assessments of any type or nature g and other charges levied or assessed against the Mortgaged Property or this Mortgage and produce receipts therefor utwn E 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 hearing account, to- gather with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly to:ea and assessments which may be levied against the Mortgaged Property, and li( 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. ~ooK~~ ~E~39 z _