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HomeMy WebLinkAbout2938 g~ - ~ 3 a?~1o 0 ~a?~. 13.1 ~ ~ ~ ~ ~ ~ ~ ~ ~t i ~ MORTGAGE DEED AND SECURITY AGREEMENT ~3 November 21, 79 ' THIS MORTGAGE DEED (the Mortgage), dated as of , 19 ~ , by and between Bertha Lee Washington (hereinafter called Mortgagor) and Scut Bank of St. Lucie County ,having un office at 111 Orange Avenue Fort Pierce ,Florida (hereinafter called Mortg:~gee1; , i WITNE3SETH, that in consideration o[ the premises and in order to secure the payment of both the principal of, and interest and any other sums payable on the note (aa hereinafter defined) or thin Mortgage and the performance and ob- xrvance of all of the provisions hereof and of said note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases, conveys, assisns, transfers, mortgages and seta over and confirms unto Mortgagee, all of Mortgagor a estate, right, title and interest in, to and under all that certain real property situate in St. Lucie County, Florida more particularly described as follows: Lot 15, Block 4, SOUTHSItN PINES, according to the plat thereof, as recorded in Plat Book 9, page 68, of the Public Records of St. Lucie County, Florida. - V = - _ - ; ~ Rticelwd • ~_In Payment tr Texei: i~:`'; L N ~ A h::, _j i. N.:_!' ~ t)ue On Clesg "C" Intangible Personas Prot+p~ty. _ . - ; ~ ~cE~,_~_ ~ _ 1 *ureusnt To Chspter 71. 134. Actt? O~ +p9~~, . ~ . - : L,~: a Q ~ ~ I ROGER POITRAS c3-f~~1 - - - I Ctert Ctreult Coup. SL Lucie. Co., Fla. TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliance. apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and ref?lacement thereof lother than those owned by lessees of said real property) now or hereafter affixed to, attached to, placed. upon, or used in any way in connection with the complete and comfortable use, occulk~ncy, or operation of said real property, :dl 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 securi- ties deposited thereunder pursuant to said leases, and all rents, issues, pr«reds, and profits accruing from said real properly and together with all proceeds of the conversion, 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 per;onai property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants to 1liortgagee a security interest in the foregoing described tangible and intangible personal properly. TO HAVE. AND TO HOLD the Mortgaged Property, together with all and singular the tenements, heredit:~ments :end appurtenances thereunto belonging or in anywise apf~ertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, separate est:~te, possession, claim and demand wh:~tsoever, ac well 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 lu~rcel thereof unto Mortgagee. i Mortgagor warrants that it has a good and marketable title to :~n indefeasible fee estate in the Mortgaged Proterty subject to no lien, charge or encumbrance except such as Aortgagee has agreed to accept in writing and Mortgagor covenants that this bortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Property subject only to the ! exceptions herein provided. Mortgagor has full bower and lawful authority to mortgage the lbtortgaged Property in the ~ manner and form herein done or intended hereafter to t?e done. Mortgagor will preserve such title and will forever warrant and defend the same to Mortgagee and will forever 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 141ortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall from time to time require in order to pre4erve the priority of the lien of this 11lortgage or to facilitate the perfonmance of the terms hereof. PROVIDED, HOWEVER, that if Mortgagor shall tuiy to Mortgagee the indebtedness in the principal sum of S 6, 590.64 as evidenced by that certain promissory note Ithe 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 Mortgag 9pSursuant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage F?eing NOVember 21, 1 S ,and shall perform ~Il other covenants and conditions of the Note, all of the terms of which Note :ire inc•orlx~rated herein by reference as though set forth fully here- in, and of any renewal, eztension or modification, thereof and of this Mortgage, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further coneenants and agrees with Mortgagee as follows: 1. 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 t?e payable in lawful money of the United States of America ti at Mortgagee s aforesaid principal office, or at such other place as Mortgagee may designate in writing. i 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature :end 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 Pml~erty 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. 3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest tearing account, to- gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments which ~ may be levied against the Mortg:~ged Property, and lit so required) one-twelfth of the yearly premiums tot 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 7NIS INSTRUMENT PREPARED Br Sun Bank St lac' County _ ; ~ r'K~ s RT P RCE, FEORIDq -,~~.'K~.J~ ~a~E~rV'J~ 3~ SOUTH SECOND STREET a