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HomeMy WebLinkAbout0155 ~ . . _ , ~ ~3~ 3~, 3 . 448b'70 ~3 ~ S ~ ~ , ~ MORTGAGE DEED AND SECURITY AGfl~MENT ~cK~/ ~ l s•~3 THI3 MORTGAGE DBED (the Mortgaae), dated as ot JuAe 19 , 19 79 , by und between John Ficara, Jr. and Kathleen Ficara, his wife (hcreinatter called Mortgagor) and SuA BBIIk Of St. Lucie COUAty , having un ottice at 111 Orange Ave. ~ Ft. Pierce , Florida (hereinafter caUed Mortgvgee); WITNE38ETH. that in rnnsideration o[ the premises a~d in order to secure the payment ot both the princip~l of, and intee~t and any other aums payaWe on the note (as hereina[ter detined) or this Mortgase and the pertormance and ob- eervance of all o[ tbe provisions hereo( and ot said note, Mortsegor hereby granta, selis, warranb, aliens, remises, rele~sea. rnnveys, aaigas. transtert~ tnortgages and ~eta over and rnntirm~ untatMartgc~e, ap ot Mortgagora eatate, right, title and interest in, to and under all ihat certain real property siluate in S Lt1 County, Florida more pnrticularly d~cribed as (ollows: Lots 14 and 15, Block 6, PAI.M HAVEN SUBDIVISION, UNIT 1, according to the plat thereof, as recorded in Plat Book 8, page 44, of the Public Records of St. Lucie County, Florida. ~ j~ Q ~ - Recsived ! O~ ~n p~yment Ot Taxes ~ R. 1` F i A M~ ' ~ Due On Class ••C•• Int~npibN Peraonal P•ona?ry. sT~"T TAFZV ~r -;:i S 1 DOCUMEN - ~ Pursuenl Tp ChaptK 71, 134. Acts Ot 1971. ~:LPi. U= k~1tE~~U£ ~ ~ 7~ I I. I ROOER POI TRAS ,;~\21'Iy 1L~r1, ~ C~efil C~fCIJh vw.y S~. ~.UCM~ CO.~ F~. Pa. = ~ l ~ 1 ~ - - . - T(X'ETHER WITH all improvementa now or hereatter located on said real pro~~erty and all (ixtures, :~ppliani•es, apparatus, equipment, heating and air conditioning equipment, machinery and ~rticlea ot personal property and replacement thereot (other than those owned by lea.seea of said rna) property) now or hereatter a((ixed to, attached to, placed upon, or used in any way in connection with the complete and comtortable uae, occu~ncy, or operntion of said real property, :dl licenses and permita uaed or required in connection with the use of aaid rna) property, all leases ot said real property now or hereatter entered into and all right, title and inlerest qt Mort~Cagor thereunder, including without limitation, cash or securi- ties depoaited thereundec pursuant to said leases, ~nd all rent~, issues, proceeds, nnd protits acrruing (rom said mal property and together with all pra~eeda of tl~e conversion, voluntary or im•oluntary of any o( the foregoing into cs~sh or liquid~ted claims, including without limitation, proceeds of insurance and condemnation awards (the foregoin~ said real property, tangible and intanRible persona! pro{~erty hereinafter referred to as the Mortgaged Property). Mortgagor hereby Rranls to Mortgagee a security intereat in the (oregoing descrihed t~ngibie anu intangible {~ersonal property_ TO HAVE AND TO HOLD !he Mortg~ged Property, toFether with all and singular the tenementa, hereditr~ments :+nd appurtenancea thereunto helonginR or in anywise ap{~ertaining and the reversion nnd reversions thereot and all the estate, right, title, intereat, homeistead, dower ~nd right of dower, aeparate estate, Ewsseasion, claim and demand wh:itsoever, as ! well in lnw as in equity, o( MortgaRor and unto the a~me, and every part thereof, wilh the appurten~neex ol MorfRaRor in ~ and to the xame, and every ~rt nnd ~wrcel thereof unto Mort~agee. ~ k Mortgagor warrants that it has a good and m:~rketable title to an indefeasible fee estate in the 1~4ortR:+Rc~c1 Pro~rerty ` subject to no lien, charqe or encumbrance exrept such as Morigagee has agreed to ~•i-ept in writing and blortAagor co~•enants ~ that this Mortgage ia a~d wil) remain n vnlid and enfotceable fi~st mortgaRe on the MortgaRed ~roF~erty subject only to the exceptions herein provided. MortgaRor has full power und Is~w(ul authority to mortgage the Mortg~ged Pro~~erty in the ~ manner and~form herein done or intended hereafter to be done. Morigagor will preserve such title and will forever warrant f and defend the same to Mortgagee and will forever warmnt ~nd defend the validity and priority of /he lien hereof against the claims of all persons and pariies whom.4oever. ~ ~ ~ Mortgagor will, at the coat of hlortgagor, and without expenae to Mortg:~gee, do, execute, acknowledRe and deliver sdl ~ and every such turther acta. deeds, conveyancen, mortgages, asaignmenta, notices o( assignment, trarufers :~nd assur.~nces s~s ~ I?3ortgagee aAall irom t~me to t~me requ~re ~n order to preserve the priority of the I~en of thia MortgaRe or to lac~l~tate the pertormance of the terms hereof. PROVIDED, HOWEVER, that if MortRaRor shall ~k~y to A1ortR:~Rcr the indebtedn.~s in the princi~~al sum ot ~ s 7~513.fi$ as evidenced by that certain pmmissory note (the Note), of e~•en date herewith, ezecuted by 111ortgagor and payable to order of Mortgagee, with interest and u~~on the terms as pro~~ded therein, and together with all ~ other auma s~dvanced by Mortgagee to or on alf o( ort ,~pr purxu:~nt to the Note or this MortgaRe, the final maturity ~ date of the Note and this MorlgaRe beinq ~~e 2~~ ~y~4 , and shall perform all other covenanls and ~ conditiona of ihe Note, all of the terms of which I~tote are incorpanted herein by rnference as though set forlh (ully here- ~ in, and of any renewal, extension or modification, therenf ~nd o( this 111orIRaRe, fhen this MortRaRe :md the estate herebp ~ ~•reated shall cease and terminate_ F Mortgagor turther convenants and agrees with MortgaRer aa (ollowe: ~ l. To ~y nll sums, incl~ding intereat se~vred hereby when due, as provided (or in lhe Note and any renewal, extension ~ or modification thereof and in this MortRage, all such suma to be payable in Inwful money of the [lnited St~tes of Americ:+ ~ :~t Mortgaqee e a(oreaaid principa! ot(ice, or at such other place as MortRaRcr may designate in writing. ; 2. To pay when due, and without requiring any notice from Mortgagee, s~ll taxes, assessments ot any ty{~e or nature ; ~ and other chargea le~•ied or aaseax~! against the Mortgaged Property or this Mortqage and produce receipts therefor ujwn demand. To immediately pay and discharge any claim, lien or encvmbr:~nce against the Mortgaged Property which may be or become superior to this Mortgage and to permit no de(ault or delinquency on any other lien, encumbrance or charge :~Rainst the A-iortgaged Property. < ~ 3. It required ~y biortgagee, to also m:ike monthly deposits with Mortgagee, in a non-intereat 1?earing account, to- ~ gether with and in addition to intereat and principal, o( b aum equal to one-twel(th ot the yearly l:~:ee and aseesaments which ~ may he levied against the Mortgaqed Property, and (i( so required) one-tweltth ot the yearly premiums for insurance ; thereon. The umount ot such taxea, :~seesementa and premiuma, when unknown, shall be estimaled by hiortg~qee. Such ~ depoaits shall be tued by Mortgagee to pay xuch taxes, assesementa and premiums when due_ Any insu((iciency ot such ~ -1- ° ° k `~11 1 ~K ` ~ - annr. ~~rc i