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HomeMy WebLinkAbout2753 . _ ~ ~ "I 1, ~ / ~C~21 ~ S h,?o _ MORTGAGE DEED AND SECURITY AG~R~ME'N`'T' ~ , ~ THIS MORTGAGB DBBD (the Mortgage), dated as of April 11 , 18 79, by and between Tommy C. Ledford and Addie Man Ledford, his wife (hereinafter called Mortgagor) and Sun Bank Of St. Lucie County ,having an office at 111 Orange Avenue, Ft. PierC@ .Florida (hereinafter called Mortgagee); WITNE89BTH, that in consideration of the premises and in order to secure the psyment of both the principal of, and interest and any other sums payable oft the notb (as hereinafter defined) or this Mortgage and the performance and ob- servance of all of the provisions hereof and of amid note. Mortgagor hereby grant.. Bells. warrants, aliens, remises, releases, conveys, assigns, tratutten, mortgages and nets 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. Luei6 County, Florida more particularly described as fouows: LOta 13,14, and 15, Block 4, Totten's Subdivision of the SW~ of the SW3t of Section 17, Township 35 South, Range 40 East, being as unrecorded plat; said lots being also described as follows: From the SB corner of the SW~ of the SHE of Section 17, Township 35 South, Range 40 East, run North 49.5 feet to the North right of way of Canal No. 7; thence i~lest on said right of way 30 feet to the S8 corner of Totten's unrecorded plat; thence North parallel with and 30 feet Nest of the East aide of Sfi~t of SW~; a distance of 802.85 feet more or less to the South right of way line o~.State Road 70 (Okeechobee Roads and Point of Beginning; thence Southwesterly along the south right of way lase of State Road 70, 252.9 feet; thence south- easterly at a right angle to said State Road 70 a distance of 120 feet more or less; thence Northeasterly parallel- to State Road 70, 150 feet more or less to a point on the West. right of way line of South 37th Street; thence run North along the said West right of way of South 37th Street to the South right of way of State Road 70 and the point of beginning; less and excepting all existing rights of way for State Read 70 and South 37th Street. TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, apparatus, equipment, heating and air rnnditioning 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, 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 o[ any of the foregoing info cash or liquidated claims, including without limitation, proct~eds of insurance and condemnation awards (the foregoing said real property, tangible and intangible personal property hereinafter referred to as the Mortgaged Property). Aortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Pro{+eriy, together with all and singular the tenements, heredit:+ments :+nd ap{wrtenancea thereunto belonging or in anywise a{+pertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, separate estate, posseaaion, claim and demand whatsoever, :i_r 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 an indefea_gible fee estate in the Mortgaged Pm{?erty subject to no lien, charge or encumbrance except such as Mortgagee has :+greed to acre{~t in writing and Mortgagor coven:nts 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 Property in the manner and form herein done or intended hereafter to he done. Mortgagor will preserve such title and will forever warrant I and defend the same to Mortgagee and will forever warrnnt and defend the validity and priority of the lien hereof against the claims of all persona and parties whomsoever. I Mortgagor will, at the cost of Mort a or, and without ex j B R pence to Mortgagee, do, execute, acknowledge and deliver all ~ and every such further acts, deeds, conveyances, mortgagee, assignments, notices of assignment, transfers and assurances as Mortgagee shall from time to time require in order to {+reaerve the {+riority of the lien of thin Mortgage or to facilitate the l performance of the terms hereof. PROVIDED, HOWEVER, that i[ Mort v or shall k+ to Mort ee the indebtedness in the _ R' R 1 Y R' R principal sum of s ~~749_44 as evidenced by that cerizin promissory note (the Note, of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and. upon the terms as provided therein, and together with all other sums advanced by Mortgagee to or on behalf of Mortgagor purxuunt to the Note or this Mortgage, the final maturity date of the Note and this Mort a e bein A Til 6 1Q$2 $ B' R R A ~ ,and shall perform all other covenants and ~ conditions of the Note, all of the terms of which Note :+re incorywrated 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 Iortgagee as follows: ~ 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 he payable in lawful money of the United States of Americ:+ at Mortgagee a atoreaaid princi{gal 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, assesamenta 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. I[ required by Mortgagee, 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 asaessmenta which may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance _ L~ thereon. The amount of such taxes, asHessments and premiums, when unknown, shall be estimated by Mortgagee. Such r b- depoaita shall be used by Mortgagee to pay such taxes, :+sseasmenta and premiums when due. Any insufficiency of such ~ ~ ~ ~ ~ ttseetwd ~ In Ptt~n Of T 7 - t • Dw On Chas »Cr l axes Msn01bN Prtrsond P?opartY. goeK ~U6 PacE2749 °urstram Tocnapt.r 7t, ~~,,t,~, a »7~. Rt~(,Eq POITflA$ c~~~ CIerU Ctrtiu$ Coo $t, l ti la,cl.. Co., p~ - - _ - - , ~ . _