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HomeMy WebLinkAbout2204 46493 1 MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAGE DEED fthe Mortgage), d:?t?•d as of OCtOber 30 ty79 , by ;uul Irc•Iwet•n Robert J. Lowe and Sharon L. Lowe, his wife (hereinafter called Mortgagor) r?nd Sun Bank Of St . Lucie County ,having an office at 111 Orange Ave. , Ft. Pierce, .Florida Ihereinafte•r c:?11?d Mortgag?r•1: WITNESSFTH, that in considen?tion of the I+remisea and in onlei to secure the (x?yrnent of both the prinril>:+) ot, s+nd interest and any other sums payable on the note las hereinafte? defined) or this Mortgage and the I+erformunce and ob- servance of al) of the provisions hereof and of s:?id note, Mortgagor hereby grnnts, sells, warrants, aliens, remises, releases, conveys, assigns, trnnsfers, mortgages and sets over and confirms unto Mortgagee, all of Mortgagor's estate, right, title and interest in, to and under rill that crrh?in real property situate in St • Lucie (booty, tlorida mon• Iti?rticularh• described r?s follows: Lots~l and 2, Block 38, of PORT ST. LUCIE SECTION 25, a subdivision according to the plat thereof on file in Plat Book 13, Pages 32 and 32A through 32I, of the Public Records of St. Lucie County, Florida. n RECEIYEG f_ ` ~T% nl ~.a~_.Y•-';T T~~S = , _ ~ ~ . ~ r •r ~R::' f;djY+ u A:: is :i- -J, ~.L?$ Ef f$11. ---1 ~A11 gRClf?T t:J112T. ST, IB:dE f~ ~~a~ , •CO(.I:THER \V1TH all impn,vem?•nts now or hen•:+tter lor:rted un s;+id re:+l t?ngre•rty and all fixtures, appliances- apparatus, equipment, heating and air conditioning equipment, machinery and artic•Ic•s of lrersunal pml+erty and replacement thereof (other than those owned by lessees of s:?id mat pmlrerty) now or hereafter affixed to, attached to, plarecf u(x+n, or +>_`ed in any way in connection with the complete and comfortable use, cx•cupancy, or olrer.?tion of s:?id real pmlrerty, all lie•c•nses and hermits usetf ar required in connection with the use of s:?id mat prnlrerty, all Ir.+ses of s:+id mat prolx•rty now or hen•a(ler entered into and all right. title ancf interest of Rortgagor themunder, including without limitation, rash or se•e-uri- tirs detxrsited thereunder-pursuant to s:?id le:>_us, :?mf all rents, issues, pnn•ecds, and profits accruing Irom s:+id real pn,lre•rty and together with all pnx•eids of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated rlai+ns, including without limitation, proc?•cds of insur.?nce and cundemn:?tiun awards Ithe fomgoing s:?id read protx•rty, tangible and intangible trt•rsonal pngrc•rty herein:?fh•r referred to as the Mortgaged Yrolxrtyl- Mortgagor hemhy grants to Mortgagee a security interest in the foregoing dese•ritxel tarigible and intangible Irer.;ona) prolx•rty.~ TO HAVE: AND 'CO HOLD the Mortg:?gc•cl Ynq?erty, trrRe>ther with all and singular the tene•nx•nts, hendit:une•nts and appurtenances themunto belonging or in anywise apfrertaining and the reversion and reversions thereof and all the estate, right. .title, interest, homestead, dower and right of dower, setr:+rrie esh?te, l+ossc•ssion, claim and dem:?nd w•hatsc,c•cer, a~ we•1) in law as in equity, of Mortgagor and unto the s:+me, anfievery part thereof, with the appurtenances of Mortgagor in and to the s:+me, and very part and panel there•cr( unto Mortgageee•. Mortgagor w:?rrants that it has a goe,c! and marketahte title to :rn indefeasih!e Ie•e• estate• ur the• \lortgaged 1'n,Ire•rty .utrjmt to no lien, charge orc•ncurnbr,+nceexrept such as Mortgage?• has agn•c•d to accept in ~'riung and Mort R:+K1/r e•o•,enants that this Mortgage is and will remain a valid and enforv•eable first rnurtgage on th?• Mortgaged Prolrerty subject onh• to the exceptions herein provided. Mortgagor has full {waver and fawlul authnnty b, mortgage the !1lortgagcd Property in the manner and form heroin done or intended hereafter to t,e done. Mortgagor will presen~e such title and will forever w:+rr:mt and drlend the s:+me• to A1ortRagee and will fomcer warr:u+t :+nd defend the validity and priority of the lien hemot ag:+inst the cl:?ims of all tx•rsons and parties whomsoe•ce•r. ,llortg:+gor will, at the rust of Alnrtg:+gor, and without exlx•nse• to Mort gager, do• exe•cutc- arknowle•dge and deliver all :end ecen• such further acts, dexds, com~eyances- mor1K:?Kes• :+ss+gnments, notices of atisignment, tr.?nsfers and actiur.?nces ax Mortgagee shall from time to time re•cµ+ire in order to pn•serve the priority of the Gen of this Mortgage or to facilitate the tx•rlormanre of the• terms hereof. Y12OVIDED, He)WE:VER, that it Mortgagor shall pay to Morlgager• the ind+•btedncss in the principal sum .r( 6, ~1~~- as evidenced by that rerlain pron+issory note /the ~`ote•!, of evev+ date hen•with. executed by Mortgagor and payahle• to order of I1lortgagee• with inte•rrst and upon the trims as provided therein. and together with all other sums advanre•ef try Rlortgage•e• to or on behalf of Portgagor pursuant to the tiute or this Mortgage, the f:n:+I m:+turih• date of the Note and this Mortgage Ix•ing February 27 s 1980 and shall Irerform all other covenants and ron~litions of the 1\ote• all of the terms of which tiote :+n• inrorywraled hen•in by reference as though set forth fulh• hrre- in, and of any n•newal, extension or me,dificatinn, thereof and of this Alorigag+•, then this Mortgage and the e•st:+te• hereby cre•atcd spa) rr:+sr and terminate. Mortgagor further carrvenar+ts anef agrees with Mortgageee• as follows: 1 •Co pay all sums, including interest second he•rehy c~he•n due•, as provided for in the lute and any n•ncwal, extension ..r moelifiration thereof and in this '1ortgage, all such sums to I,e• payable in lawtnl money of the l~nited States of Anu•nca at Mortgagee's aGrres:+id principal office, or at such other place as MortgaKe•e m:+y designate in writing. 'Cu pay when dur•, and without n•cft:iring any notice from Mortgagee, all lax?•s• asu•ssment~r ut am• ty{n• ur nature :uxl other charges levied or assessed against the Mortgaged Pnrlx•rty or this Mortgage and produce receipts therefor ulwn demand. 'Co immediately pay and discharge :?ny claim, lien or encumbr:+nre agaimt the Mortgaged Yrolre•rty which may !,e• err M•cume• sutx riot fo this Mortgage and to Ix•rmit nn default or delinyuenry on an~• other lien, encumbr-.rncc or rharge• :+t;:?in~l the• 11ort1;aRe'd T'rv,pe•rty. 3. If reyuire•d by Aturtgagce, te, ;+Iso rnake• nn,nthly depe,sits Kith 1ortgagee, in a non•inte•rest Ire•aring amount, h, ge•thcr with and in addition to interest and principal, of a sum equal to one-twelfth of the yr.+rly t:+xes and :~ssessrnents which may (N• lecicv! ag:+inst the Mortgaged Yro{arty. and lit see re•efuiree11 vne-twelfth of the ycarfy pn•miums Gtr insur.+nce• thereon- "1•he amount of such taxes, asw:~sm?•nts and prenuun?s, when unknown, shall fee estimated by Mortgagee. Such dctNSils shall lie used by Mortgagee to pay :.urh taxes, a~.a~c+ments and prnmiwns when due. Any insu(ticiency of such -1- v'r~q ~~~9 Y~~~ ~19~