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HomeMy WebLinkAbout1605 ' ; . _ . ~ ~;r 3~~1 ~ 9~0`~ f~ ~ kr ~ ' . . . , . ~ ` L ` : ~ MORTGAGE DEED AND SECURITY ~GREEMEN~ ~ ' ~ M~~}i p ~ p~ 1 e ~ ` 19 b und betYA~~~CS~ i p~ ST. ~~C~~II[lex'~ ~S~T. ,~C~W. ~ ~7R. 83 'I'r~S ~ fir UAVID ~1RD Y~~ ST. I~C~ O~Ot~~ hav~ an o~fioe aat 111 Ora<<ng~e A~r 3 called M~ortgagors) S'U~l B~1HIC Fbrt Pierve. Flarida (hereinafter called Mortgagee); f W1TNE98E'I'H. that in rnnaideration oi the premises and in order to secure the payaient ot both the principal ot. a~d : intereet and any other sums peysble on the rwte (as hereinafter detined) or this MortEaBe and the performance and ob- servance oE all ot the pwvisions hereot and ot said note, Mortaa6or hereby aranta, selis, wartants, alie~s, remises, releases, conveys. sesi6ns. transtera, mortsages and sets over and confir~m unto Mortga6ee. all of Mortsagor s estate, riRht, title and interest ia, to and under all that certain real pmperty situate in St. Lucie County~ Florida more particularly described as toUovrs: pcam~enoe at the intersectio~n of the Westerly right of way of U. S. Highway No. 1(State ~ R~d #5) and the West~erly line of Lot 8, Block 2, ST. I~ (~?t~DIIZS SUBDIVISION, as per plat thereof reaordecl in Plat Hodc l, pac~ 35, Public Reoards of St. Lucie Ooimty, j Florida, (being in Sectia'? 26, Zbamship 36 South, Rarx~e 40 East) ; pYnc.~eed Southeast~erly ~ alcng said Westerly right of way line of U. S. Highway No. 1 a distanve of 360 feet; ? thenae with a badc angle of 90° nm Southwesterly a distanoe of 188.381 feet, m~re or less, tA the W~esterly line of Said Lot 8, thenve nui Northerly alazg the Westerly line ' of said Lot 8, 406. 31 feet, m~~e ar less t~ the p~int of beqinning. Zriis martgage is given as additional sec.vrity for a pranis~ry not~e of mc~rbgagor in the original principal aaro~t of $260,000, which promissoYy nate is also secured by that oextain rrortgage given by irortgagars tc~ mo~bgagee dat~ed March 6, 1978 and reoarded in O.R. Book 282, p~e 2997, Public Reoo~rd.s of St. I.ucie Oowlty, Florida. Appropriate doc~mentaxy sta~s were plaved on the afo~resaid pranissory nate and intarigi.ble ta~aes ; in the appropriate am~t were paid at the time of reo~rding th~e aforesaid martgage. ANY DEF'A[~LT i~ ~ AIb~3~'I~~D HI~PGAC~ SEiAId, BE A DEE'AULT ~TNIDIIt. < TO('ETHER WITH all improvements now or herea(ter locnled on said real property and all Iixtures, ap~~li:~nc•E~, apparatus, equipment, hea[ing ant~ air condiiivning ~y~:~,r~a:~i, machinery and articles of personal property and replacement ~ thereot (other than tAoee owned by lesseea of said real property) now or hemafter atti:ed to, attached to, placed upon, or uaed in any way in connertion with the complete and comfortable use, occupancy, or operation ot aaid real property, :ill licensea and permita used or required in connection wit6 the use ot said rnai property, al) leases ot said real property now or ~ heieafter entered into and all rig6t. title and interest ot Mortgs~gor thereunder, including without limitation, cash or securi- , ties deposited thereunder pursuant to said leases, and all rents, issues, pro~~eeda, and profits accruing trom said real property and together with uU proceeds o( the conversion, voluntary or involuntary of any of the toregoinq into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said rnal propeHy, tangible and.ints~ngible personal properiy hercinafter reterred lo as the biortgaged Propertyl_ Mortgagor hereby granls ~ to Mortgagee n security interest in the loregoing descritied tangible and intanRible ~?ersonal property_ TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditamenis and appurtenancea thereunto belon~ing or in anywise ap~~ertaining and t6e re~ersion and reversions thereof and all the estate, ; ' right, title, intereat, homestead, dower and right of dower, separate estate, E~os.~sion, claim and demand what$oever, as j ~ well in law aa in equity, of Mortgagor and unto the same, and e~•ery p:irt thereof, with the appurtenances o( MortR~Ror in j nnd to t6e same, and every µ~rt and ~lar~el thereot unto 14iort~;aRee_ f ' Mortgagor warrants that it tws a gow~ ~nd markelable title to :~n indeteasible fee estate in the A1ortR:~Rec1 Ym~.erly E ~ ~ subject to no lien, charge or encumhrance except suc•h as liortgagee h:is agreed to accept in writing and A1ortRagor co~enants that this Mortgage is and will remain n calid and entorceable first mortRaQe on the Mortgaged Property subject only to the = ~ 3 exceptione herein provided_ Mortgagor has full ~wwer and lawtul aathority to mortgage the Mortguged Pro~~erty in the ; ~ manner and torm herein done or intended herea(ter to t?e done. Mortgagor will preserve such title and will forever warrant ' ~ and defend the aame to Mortgagee and will forever wamnt and defencf the v~lidity and priority of the lien hereo( aRainst ' : t the claims o( atl persons and paHiea whomsoever. ~ 1~lortgagor will, at the cost o( Mortqagor, and without ex~~ense to Mortgagee, do, execute, acknowledge and deliver all ~ and every such further acts, deeds, conveyancea, mortgaRes, asgiRnments, notices ot assiRnment, translers and as4ur.~ncrs as Mortgagee shaU from time to time require in order to presen~e the priority o( the lien of fhis MortRaRe or to (acilitate fhc ~ per(ormance of the terma hereof. ~ PROVIDED, HOWEVER, that i( MortgaRor shall ~k~y to MortRaRee the in eF~tedp in t~~pc.~1{2a~1 um o( 260 000.00 y ezecuted h}• S ~ as evidenced by that certain pmmis.~ory note (the Note). ~ Mortq~gor and payable to order of Mortgagee, with interest and u~wn the terms :+s provided therein, nnd toRether with all ~ other sums advanced by Mortgagee to or on behalf of 1ltortRaRor pursuant to the Note or this Mortg~ge, the fin~l maturity date of the Nute and this Mortgage fieing ~+.~3~ IQ;~~ , and shall ~~erform all other covenants and conditions ot the Note, all of the terms of which Note :~re ~ncor~~orated herein by re(ernnce as thou~h aet forth (ully here- in, ~nd of any renewal, extension or modificafion, fhereo[ and of fhis MortQ:ige, then this I~tortqage and the esfatF herehy ~ ~-reated shall cease and terminate. Mortgagor (urther ~'onvenants and agrees with MorlgaRee as foUows: ~ z 1. To pay all sums, including interest secured hereby when due, as procided tor in the Note and any renewal, extension z or modification thereot and in thia MortRage, all such sums to t?e payable in lawtul money of the tTnited Statc~ of Americ:~ ~ at Mortgagee a aforesaid principal ot(ice, or nt Auch other place as MortRaQee may desiRnate in writinR. ' ~ 2. To ~wy when due, and without requiring :~ny notice trom Mortgagee, all taxes, :~ssessments of any ty~~e or ruwture ' ~ :~nd other charges levied or :,asesga~d against the Mortgaged Property or t6is 1~lortg:~ge and produce receipts there(or upon ` ~ demand. To immediately pay and discharge any claim, lien or encumbrance ~gainst the 11lortgaged Pro~~erty which may be ~ or F?ecome superior to this MortgaRe and to permit no de(ault or delinquency on any other lien, encumbrance or charge ~ ~ ~ :~Rainst the Mortgaged Pro~~erty. ~ ~ . ~ ~ 3. It required by l~iortgagee, to also make monthly de{~osits with Mortgegee, in a non-interest hearing account, to- ~ ~ gether with and in addition to interest and princi{~al, o( a sum eyual to one-twel(th ot the yearly ta:es and as.gessmenta Nhich may be levied against the Mortgaged Ytoperty, .ind (i( so reyuiredl one-twelfth ot the yearly premiums for insurance thereon. The amount ot such la:es, assessments and premiuma, when anknown, ehall be estimated by Mortqagee. Such de{waita ahall be used by l~torigagee to pay auc•h taxes, :~ssessmenta and premiums when due. Any insuf(iciency of such : . . ~ ~ 1:.... . .,..i _t_ < F~..~. _ 1 fru.~ - ~ _ - ' k ~ 1~~;-A t.~. i.~d ~;~ect ~ 3JL'r ~.~i: