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Home My WebLink About1601 . . MORTGAGE DEED AND SECURITY AGREEM~NI'. , „ THIS MORTGAGE DEED (the Mortgage), dated as of April 18, ~ 19 79 1+ y and between HIGH & DRY, INC., A Florida Corporation (hereinafter called Mortgagor) and SUN BANK OF ST. LUCIE COUNTY . h:+ving an oftiee at 111 Orange Avenue, Fort Pierce, ,Florida Iherein:+fter called Mortg:+gee1: WITNE33ETH, that in consideration of the premises and in order to secure the payment of both the princilu+l of, and interest and any other earns payable on the note las hereinafter defined) or thin 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, trans[ers, mortgages and seta over and confirms unto M~ .tg~UCq loot Mortgagor a estate, right, title and interest in, to and under all that certain real property situate in $ 1 Courtly, Florida more txirticularly described as follows: Lot 13 and Lot 14 of Block 1 of M. E. GOLDSMITH'S ADDITION as per plat thereof on file in Plat Book 2 at page 6 of the Public Records of St. Lucie County, Florida. ~ ~D 8~ l` ~ ' Recehred s In Payment Ot Taxes Oue On Class "C" Intangible Personal property, • ~ - --7- _ _ Pursuant To Chapter 71. 134, Acts Of 1971, i _ ii .11; ~ : , ; ii ~ S ! ;t M t / ROGER POI TRAS ~ ~ ~ ' _ " ,E - - - - . , . 4 : - Ctari, CRCUII WUrt, St. Lucie. Co., Fla. ~ - .v _ -,F l-, i -Y`-. ~J. 0 a j TOGETHER WITH all improvements now or hereafter located on s+id real property and all fixtures, appli:~nces. 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 w•ay in connection with the complete and comfortable use, ocrul>i+ncw, or operation of said real pro{+erty, :+11 licenses and permits used or required in connection with the use of said read 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, i4sues, proceeds, and profits accruing from s:+id real pro}x•rty and together with all proceeds of the com•ersion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said real property, - tangihle and intangible personal prol?erty hereinafter referred to as the 1\lortgaged Property). Mortgagor hereby gr:+nts to Mortgagee a security interest in the foregoing dese•rilxd tangible and intangible tmrsonal prolx rty. TO HAVE AND TO HOLD the Mortgaged Proterty, together with all and singular the tenements, hereditaments and appurtenances thereunto i?elonging or in anyNitie apt~ertaining 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 :+s in equity, of Mortgagor and unto the same, and every part thereof, with the appurtenances of Mortgagor in and to the s:+me, and every t><~rt and Ir.+n•el thereof unto 1Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible te•+~ estate in the Mortgaged I'mlx•rty auhjec•t to no lien, charge or ene•umhr+ner except such as 14fortgagee has agreed to accept in writing and Mortgagor covenants ~ that this Mortgage is and will remain a valid and enfonrable first. mortgage on the \lortgagecl Proterty subject only to the i ex~•eptions herein provided. Mortgagor has full twwer and I:+wful authority to mortg:ge the Mortgaged Prot~erty in the manner and form herein done or intended hereafter to tee done. Mortgagor will presen•e such title and will forever w:+rrnnt and defend the same to IMortgagee and will forever warrant and defend fhe validity and priority of the lien hereof :+gainst the claims of all persons and parties whomsoever. Mortgagor will, at the cost of Mortgagor, and without exlrense to ;Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers :+nd assur.+nces as Mortgagee shall fmm time to time require in order to pregene the priority of the lien of this Mortgage or to facilitate the performance of the terms hereof. - PROVIDED. HOWEVER, that if Mortgagor shall pay to Alortgagee the indebtedness in the principal sum of t 30 }000_U~ as evidenced by that certain promis4ory note (the Note, of even date herewith, executed by Mortgagor and lwyable to order of Mortgagee, with interest and ulx,n the terms as pmvided therein, and together with all other sums advanced by Mortgagee to or nn behalf n( Mortgagor pursuant to the Note or this Mortg:+ge, the final maturity date of the Note and this Mort + e heirs M8y 1 s< 1994 g: g g ,and shall perform all other covenants and conditions of the Note, all of the terms of which Note are incorlx~rated herein by reference as though set forth fully here- in, and of any renewal, Extension or modification, thereY?t :+nd of this Mortgage, then this Mortgage and the estate hereby a emoted shall cease and terminate. Mortgagor further com•en:+nts and agrees with Mortgagee as follows: i. To h:+y all sums, including interest secured hereby when due, as provided (or in fhe• Note and any renewal, extension - or modification thereof and in this Mortgage, all such sums to t?e payable in lawful money of the United States of America } at :Mortgagee's atores:+id 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 tyl?e or nature • and other charges levied or assessed against the I1lortgaged Property or this ?lforlgage and produce receipts therefor ul+on demand. To immediately pay and discharge any claim, lien or encumbrance against the 11lortgaged Property which may 1x or bee•ome superior to this htnrtgage and to hermit no default or delinquency on any other lien, encumhr.+nce or charge :+gainst the Mortgaged Proterty. i 3. If required by Mortgagee, to also make monthly delxrsits with Mortgagee, in anon-interest hearing :u•count, to- gether with and in addition to interest and princilhd, of a sum equal to one-twelfth of the yearly taxes and assessments which may be levied against the Aortgaged Property, and of so required) one-twelfth of the yearly premiums (or insurance thereon. The amount of such taxes, assessments and premiums, when unknown, sh:+ll be estimated by Mortgagee. Such detxsits shall be used by Mortgagee to 1>.•+y such taxes, as•:essrnents and premiums when due. Any insufficiency of such -1- soa~ ~7 1so~. e _