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Home My WebLink About2435 465os6 ~ MORTGAGE DEED AND SECURITY AGREEMENT TNIS MORTGAGE DEED (the Mortgage), d:+ted :+a of , 19 79 , by ;uul tx•tween FRANK ORTNER Ihereinaiter Balled Mortg:gor) :+nd SUN BANK OF ST. LUCIE COUNTY ,having :+n ouice at 111 Orange Avenue, Fort Pierce ,Florida theminafter called Alortgugrrl: WITNES3ETH, that in consideration of the premises and in order to secure the tx+yment of both the prira•il+:+! of, and interest and any other sums payable on the note (as heroin:+fter defined) or this Mortgage and the 1?ertormunce :+nd ol?- senance of all of the provisions hemoi and of said note, titurtg.,gor hereby grnnts, sells, warrants, aliens, mmise9, releascw• conveys, assigns, transfers, 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 prol?erty situutein St. LUCle County, Florida more Ix+rticularly described as follows: PAR[~L 1: The ~~llest half of the Southwest quarter of the Southeast quarter of Section 8, '.gip 36 South, Range 39 East. I~SS AND EXCEPT the North 25 feet thereof for the right--of-way for Williams Ib~ad and the West 41.5 feet thereof for the right of-way for Canal No. 89 of the North St. Lucie River water Management District, formerly the North St. Lucie River Drainage District. SUBJFX.T ~ a utility easement in fawr of Florida Polder & Light Conpany over the North 10 feet thereof. PARCEL 2: The Northwest quarter of the Northeest quarter of the Northeast quarter of Sect o 17, Ta+mship 36 South, Range 39 East. IESS.S AND EXCEPT the West 46 feet thPxeof for the rightrof-way for Canal No. 89 of the North St. Lucie River Water Manag~nent District, fornterly the North St. Lucie River Drainage district. TOGETHER WITH all improvements now or hereafter 1«:+ted on s:+id real prol?erty and all fixtures, applianc•es• aptwratus, equipment, heating and air conditioning equipment, machinery and articles of persona! property and replacement thereof (other than those owned I>.v lessees of said real prol?eriy) now or hereafter :+ttixed to, attached to, placed upon, or used in any way in connection with the complete and comfortable use, oc•culx+nc•y, or ot?eration of said real property, all licenses and permits used or required in connection with the use of s:+id mat property, alt leases of s:+id real prol?erty now or hereafter entered into and all right, title and interest of Alortg:+gor thereunder, including without limitation, c:+sh or se,-uri- ties detwsited thereunder pursuant to s:?id leases, and all mots, issues, prcx•eecls, and profits accruing from said mat pn?{arty ;rod together with all prx•eeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated ~•laims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said re:+I property, tangible and intangible personal property herein:+fter referred to as the Mortgaged Pro1?ertyl. Mortgagor hereby gr.+nts to Mortgagee a security interest in the foregoing desc•rihecl tangible and intangible 1?et•sonal pro1erty. TO NAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditaments and appurten:,nces thereunto belonging or in anywhe apt?ertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, sel?:+r.+te estate, possession, claim and demand whatsoever, as +vell in law as in equity, of Mortgagor and unto the s:+me, and every Ik+rt thereat, with the appurten:+nces of ]4lortgagor in :end to the same,-and every tu+rt and pan•c•1 therec?f unto Mortgagee. iortgagor warrants that, it has a gaud and marketable title to an indefeasible tee estate in the MortgagcYl Yrolrerty ,ubje,•t 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 v:did and enforceable first mortgage on the Mortgaged Pml?erty subject only to the ~•sr•t•ptions herein pn,vided. Mortgagor has full Irc?we•r and lawful authority to mortgage the ;lortgaged Yn?Ix•rty in the manner and form herein done or intended hereafter to !?e done. 1lfortgagor will preserve sueh title and will forever warr.+nt .rnrl defend the same to \lartgagee ;+nd will forever warr.+nt and defend the validity and priority of the lien hercc?f against the claims of all 1?ersc?ns :end p:+rties whomsnever_ Mortgagor will, at the cost of Mortgagor, and without ext?ense to :llortgugee, do, execute, acknowledge and deliver all :end even such further acts, deeds, com•eyances, mortgages, ;+ssignments, notices of assignment, transfers and assur.+nces as t \iortgagee shall from time to time require in order to presen•e the priority of the lien of this I1lortgage ar to tarilitate the ~ r'• Irerformanc•e of the terms hereof. PROVIDED, HOWF.YER, that if Mortgagor shall pay to illortgagee the indebtedn,ws in the principal sum of _ ~ ~ ~ ' ~n,nnn_oo as evidenced by !h:?t certain promivory note Ithe Note1, of even dot+• herewith, executed by - .f Mortgagor and Is+yahle to order of Mortgagee, with interest and ulwn the terms as provided therein, and together with all ether sums advanced by Mortgagee to or on 1?ehalf of Mort + or pursuant to the Note or this Mortgage, the final maturity +t elate of the Note and this Mortgage being November 1, 1•~tf9 ,and shall t?erform all other covenants and unditions of the Note, ali of the terms of which Note are incorl?ar.,ted herein by refemnee as though set forth sully here- rn, and of any renewal, extension or modification, thereof and of this Marlgage, then this hortgage and the estate hereby ; , r rested shall cease and terminate. ' Alartgagor further c•c?menants and agrees with Mortgagee as (ollow•s: O - - 1_ To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, extension t<? err modification thereof and in this Mortgage, all such sums to 1?e payable in lawful money of the hosted States of America :rt ~lortgagee•s afores:?id principal office, or at such other place as Mortgagee may designate in writing.. 'l. "I'o pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any ty1~ or nature :end other charges levied or assessed against the 111ortgagecl Property or this Mortgage and produce receipts therefor upon riemand. To immediately pay and di.4c•harge any claim, lien or encumbrance against the Aortgaged Yrot?ert_v w•hirh may he err hec•ume superior to this Mortgage and to 1?ermit no default or delinquency on any other lien, encumbrance or charge .rgainst the Mortgaged Pro1?erty. 3. If required by 'Mortg:+Kc•c•, to alsc? make monthly del?osits with i\lortgagee, in anon-interest hearing account. to- :;ether with and m addition to interest and principal, of a sum equal to one twelfth of the yearly taxes and assessments which may t?e levied against the Mortgaged Property, and fit so required? one-twelfth of the yearly premiums for insurance thereon. The amount of sueh taxes, assessments and premiums, when unknown, shall he estimated by Mortgagee. Such detx?sits shalt he used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such Il.atl.a • v. o u M OtTars 46G - - ~ - Dw On gfw'~C"' MI~n~M~~l~wmi h~11r6 - Hsu ?;~'~i9 24'.3 ~tToa,,.,rt?r.~s~~..a~a~. ;K ~ P~6E ROOiII li01tM~ c.Nrk Cfrcuk Cou~r<? tt t~ C~. !Ia