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HomeMy WebLinkAbout1059 - - _ . 3 ' . _ X54558 . , • . a MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAl3ls DEED (ths Mortgage), dated as of ..~Lt~t.-~....---.., 19 ~ , by and between CHESTER C. CHAMBERS and NANCY L. CHAMBERS, his wife, (hereinafter called Mortgagor) and SUN BANK OF ST. LUCIE COUNTY ,having an office at 111 Orange Avenue, Fort Pierce .Florida (hereinafter called Mortgagee): WITNE83ETH, that in consideration of the premises and in order to secure the payment of both the principal of, and interest and any other soma payable on the note (as.hereinatter defined) or this Mortgage and the performance and ob- servance of all of the provisions hereof and o[ said note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases, conveys, assigns, transten, mortgages and seta 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 S t . Lucie County, Florida more particularly describes as rollows: Begin at the North East corner of lot 1, Block 2, HI~[~I RIVER ES'rAlES, According to the Plat-thereof as recorded in Plat Book 18, pages 14, 14A and 14B, Public ~ Records of St. Lucie Coultty, Florida. Thettice run North 0°12 52" West 100.00 feet more or ; less to the Mean High Water line as it now exists of the Northfork of the St. Lucie River. Run West alo~ said mean high water line for a distance of 200 feet_nnre or less to a point North 0 12'52" West of the Norttsaest corner of said I~t 1, thence South 0°12'52" East a distance of 230 feet more or less to the Northwest corner of Int 1, thence North 89°47'8" East along the North line of said Ivt 1, for a distance of 170.55 feet to a Point of Beginning, lying and being in Section 27, Zb~wnship 36. South, Range 40 East . ALSO Lot 1, Block 2, HIDDEN RIVER ESTATES, as. per plat thereof as recorded in Plat Book 18, pages 14, 14A and 14B, Public Records of St. Lucie County, Florida. ~ + ATE c;f= F~~ R ; D ~ : ~ 'lU _;;~A~NTARY,+ SI,~ M, i-' ' % ~ j iF T-L~f R'cVEtltlF~zr~`-,,~..~~'~..------- ~ } - ~~r ~ ~ TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, 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 1 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 lessee 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 convention, 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 property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants ; t to Mortgagee a security interest in the foregoing described tangible and intangible personal property. i TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditaments 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, separate estate, possession, claim and demand whatsoever, as wet! 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 indefeasible fee estate in the Mortgaged Property subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Mortgagor covenants ~ that this Mortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Property 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 be done. Mortgagor will preserve such title and will forever warrant and defend the same to Mortgagee and will forever'wamnt and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. , Mortgagor will, at the coat of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all $ and every such turiher acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall tram time to time require in order to preserve the t~riority of the lien of this Mortgage or to facilitate the = ~ performance of the terms hereof. 5 4 PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of ~ s 36, 791 . OO as 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 - other sumo advanced by Mortgagee to or on behalf of Mortgagor pursuant to the Note or this Mortgage, the final maturity date of the Note and thin Mortgage being August 7, 1984 ,and shall perform all other covenants and Y conditions of the Note, all of the terms of which Note are incorf~orated 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. E Mortgagor further convenanta and agrees with Mortgagee ae follows: ~ = ' 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 t7nited States of America : at Mortgagee a aforesaid principal office, or at such other place as Mortgagee may designate in writing- Y f - 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature ' :ind 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 hecome superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge against the Mortgaged Property. t 3. If required by Mortgagee, to also make monthly depc?sita 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 aaseasmenta which may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such ~ RECElYEO = 7 x' 3 Y IM MYIENT Ot TAXES .1• lWE O.Y CUSS 'C' INTAlIC Bl.f PtP.SON.IL PROPERTrr f'L~.":St!!J!T Tv ii:~f'T~.' T1•ti~4, ACTS Of 71. ' r . ~ duGER PGITRA6 -y CI.t:M CIaCtNT CWAT, iT. Lrt'$ ~ 1~ ~~K ~ P~iE i ~ ~`,~X~ i