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MORTGAGE DEED AND SECURITY AGREEMENT
THIS MORTGAGE DEED (tbe Mortgage), dated as of April 19, ~ 1979 , by and between
Joseph N. Rusignuolo and Linda G. Rusignuolo, his wife
(hereinafter called MortgagoN and Sun Bank Of St. Lucie County ' an
office al Fort Pierce, ~ ,Florida (hereinafter called Mortgagee):
WITNE93ETH, that in conaiderntion of the premises and in order to secure the payment of both the principal ot, and
interest and any other sums payable on the note (as hereinafter defined) or this Mortgage and the performance and ob-
servance o[ 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 confirms unto Mortgagee, all of Mortgagor's estate, riftht, title and
interest in, to a d under all that certain real property situate in St. Lucie County, Fl~lda more particularly t
described as fol wa:
I,t)ts 37 and 38, Block 48, INDIAN RIVER SSTATI3S 1)PIIT 7,
according to the Plat thereof as recorded in Plat
Book~10, Page 75 of the Public Records of St. Lucie
County, Florida. Aecshred • ' 7 ~ M Payn>«tt OI Taxa
~ :QT tr_ ^ ~ ~ F L. U ! ~ Oue On Chtiss "C" tntttnpli>~ arsonal Propertt,
G ~ li M E N TA R Y , " : - S T H M i • ? Pur~?ant To Chepttar 71. 134, Acts tJt 1871.
~t:~~i .r-~~v~y~:__.,{~,~' ROf3ER tsO1TRAS
t R - : ""~:j, 0 5. ~ 0 cte.t: ctrcult coon, St LucN. Co., ~
;
TOGETHER WITH a!1 improvements now or hereafter located on said real property and all fixtures, appliamrs.
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, :dl
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 Aiortf;agor 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 a!1 proceeds of the conversion, 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,
tangible and intangible personal prof~erty hereinafter referred to as the Mortgaged Property). Mortgagor hereby grunts
to Mortgagee a security interest in the foregoing described langit?le and intangible personal property.
TO HAVE AND TO HOLD the Mortgaged Prof~erty, together with all and singular the tenements, heredituments and
appurtenances 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, sef~arate estate, possession, claim and demand wh,ntsoever, 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 un indefeasible fee estate in the Alorlgaged f'rolierty
subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Aortgagor covenants
that this Mortgage is trod wit! remain a valid and enforceable first mortgage on the Mortgaged Prof~erty subject only to the
I 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 wit! preserve such title and will forever warrant
and defend the same to Mortgagee and will forever warrant 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 Alortgagor,~and without expense to Mortgagee, do, execute, acknowledge and deliver all
3 and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as
Y Mortgagee shall [rom time to time require in order to preserve the priority of the lien of this Mortgage or to facilitate the
performance of the terms hereof.
PROVIDED, HOWEVER, that if Aortgagor shall fH~y to Mortgagee the indebtedness in the principal sum of
! s 3, 352.19 ~ evidenced by that certain 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
r[, 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~iril 21, 1483 ,and shall perform all other covenants and
conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set forth fully here-
in, and of any renewal, extension or modification, thereof and of this Mortg:~ge, then this Mortgage and the estate hereby
y created shall cease and terminate.
(
Mortgagor further convenants and agrees with Mortgagee as follows:
1. To pay all sump, 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 p:tyable in l:~wful money of the [lotted States of America:
at Mortgagee a aforesaid principal office, or at such other place ap Mortgagee may designate in writing.
_ 2. To pay when due, and without. requiring any notice from Aortgagee, all taxes, assessments of any type or nature
• and other charges levied or assessed against the Mortgaged Prof>erty or this Mortgage and produce receipts therefor upon
•demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Prof~erty 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 bearing account, to-
gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments which
may be levied against the Mortgaged Property, and lit so r~quiredl one-twelfth of the yearly premiums for insurance
thereon. The amount of such taxes, assessments and premiums, when unknown, shall be estimated by Aiorigagee. Such `
defwsita shall be used by Mortgagee to fray such taxes, assessments and premiums when due..Any insufficiency of such
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