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HomeMy WebLinkAbout1011 488 ~ 3,'~° (rte I l~ s ~ Gs 456 `,it I SSA MGRTGAGE DEED AND SECURITY AGREEMENT '.3~ THI8 MORR~~A(IB DSSD (the Mortgage)), tad a. August 23 ~ 19 79, by and between SLgene Gollatt and Bessie Mae Go~att, h s tt e ,et a ~t~~e Gol}et~t and s~s~ ofeS~lLucie County a having an (her ca ostgagor a office at 111 Orange Avenue, Ft. Pierce, FL ,Florida (hereinafter called Mortgages); WITNESSSTI~I, that in consideration of the premises and in order to ascots the payment of both the principal ot, and Interest and any other sums payable on the note (as hereinafter deCmed) or this Mortgage and the psrfornaance and ob- servance of all of the provisions hereof and of said note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases. conveys, assigns„ transfers, mortgages and gets over and confirms unto Mortgagee, all of Mortgagor's estate, rildrt, titter and interest in, to and under aU that certain r~l property situate in St ~ Lucie County, Florida more particularly described as follows: Lot 3, Block M, AI,AI~lANDA VISTA, according to the plat thereof, as recorded in Plat Book 5. page 49, of the Public Records of St. Lucie County, Florida. ST'ATE ~F F~ORiDA: ~ DOCUMENTARY STAMP TA1. j ,L ~ z " - - ~ ~ _ RECQYEp f • 3 S IN PAYMENT OF TA>[a (~,j c-~ DEPT. dF REVENUE j~' z,- os - ~ +s. ~ DUE ON CLItSS 'C' NifAIIGBLE PEP.S~H~L P2'.4?ERTt!, / K~ - . A.iu28'T9 ~ ~ 5 ~ iU~S(t.1NT TO CIIAPiF3t n-234, ACTS cf u ' _ - CER POITMS 7 t~fgl a4d11>r ~ t~ OIr 0 TOGETHER WITH all impmvementa now or hereafter located on said real property and all futures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and articles o[ personal property and replacement thereof (other than those owned by lessees of said real property) now or hereafter attized 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, all 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 Mortgagor thereunder, including without limitation, cash or aecuri- ties deposited thereunder pursuant to said leases, end all rents, issues, proceeds, and profits accruing from said real property and together wiW aU proceeds of the conversion. voluntary or involuntary of any oI the foregoing into cash or liquidated claims, including without limitation. Proceeds OI insurance and condemnation awards (the foregoing said real property. tangible and intangible personal property hereinafter re[erred to as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a .security interest in We foregoing dexribed tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditamenta 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, poeeeasion, claim and demand whatsoever, as well-in lawns in equity; of-Mortgagor and nnto-the same and~rery-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 tee 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 enforreable 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 [orever 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 Mortgagor, and without ezpense to Mortgagee, do, ezecute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgagee, assignments, notices of assignment, transfers and assurances as Mortgagee shall from 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 Mortgagor shall pay to Mortgagee the indebtedness in the principal sum o[ = 3 , 672.79 ~ 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 sums advanced by Mortgagee to or on behalf of Mortgagor ursuant to the Note or Wis Mortgage, the final maturity date of the Note and thin Mortgage being August 22 , 1982 ,and shall perform all other covenants and conditions of the Note, all of the terms of which Note are incorporated herein by re[erence oe 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. Mortgagor further rnnvenanta and agrees with Mortgagee as follows: s 1. To pay all sums, including interest secured hereby when due, as provided for is the Note and any renewal, a:tension or modification thereof and in this Mortgage, all such sums to be payable in lawful money of the United States of America at Mortgagee's aforesaid 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 fazes, assessments of any type or nature and 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, Gen or encumbrance against the Mortgaged Property 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. E € 3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to• gather with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly fazes and assemments which may be levied against the Mortgaged Property, and (it so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, aaseaamenta and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such fazes, assessments and premiums when due. Any insufficiency of such -1- P P a~~~ PaGf~,~