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Home My WebLink About0041 This Instrument Pr ~ ePored Byt ii JO:-!r: A, DARLSON~ ESQ. I • ~ ' 46'7319 EarrarKO. Da~lson, pa.;,~; b 1?fue;tain, P,/t, O. tsuK 1315 959 S. FeCeral tiwy, MORTGAGE DEED ~/y~.~ ssu~rt, Flai~a 3~y~ THIS MORTGAGE, executed this day of .....Q~.~-:"' . • . - . • ~ • ~ • - • • • ~ • • • ~ • A.D., 19.79 by ROGER A. ZITON and ANN ZITON, his wife, hereinafter called the Mortgagor, which term shall include singular or plunsl, corporation or individussl, and either sex, and shall include the heirs, legal representatives, successors isnd assigns of the Mortg:gor, to AMERICAN BANK OF MARTIN COUNTY, a State banking corporation organized and existing under the laws of Florida with its )srinci)sal place of business in Martin County, Florida, hereinafter called the Mortgagee, which term shall include the successors and assigns of the said Mortgagee. , WITNESSETH THAT, WHEREAS, the Mortgagor has received a lasn from the Mortgagee and is justly indebted to the Mortgagee, which indebtedness is hereby acknowledged and is evidenced by :s cert:sin promissory note, a copy of which has been marked "Exhibit A" and attached hereto and the provisions of said note are by reference made a part of this instrument. NOW THIS• MORTGAGE WITNESSETH, that the said Mortgagor [or the better securing o[ the several sums of money mentioned in the said note does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said Mortgagee, in tee simple forever, the [ollowing described land, of which said Mortgagor is now seized and possessed and in actual possession situate, lying and being in..,St•..I..~IC~6...........County, State of Florida, and more particularly described as follows: . .U • - - - - ~ Condominium Parcel 1 of OCEANA OCEANFRONT CONDOMINIUAI ONE, - ~,S ~ ar`i 4, according to the Declaration of Condominium thereof, recorded in _r-- g 8 ~ ~ Official Records Book 245, page 65, et seq . , and as amended in $ Official Records Book 253, page 365, et seq., all of the Public Records d ~ d c4 of St. Lucie County, Florida. i ~ " g ~ ~ ~ THIS IS A SECOND MORTGAGE. 4 ~ ~ Any default of any nature in the First Mortgage held by Allstate Enterprises Mort a e Cor ration, dated Ma 24, 1977, and recorded in Official Records - i c4 9 9 Po Y , r- 4 r ~ Book 269, page 474, St. Lucie County, Florida, Public Records, shall be ~ deemed to-and shall constitute a default in this mortgage insofar as this _ c~ ~ ' ~ is a Second Mortgage and in the event thereof, the holder hereof shall have w a o ~ C the right to place the First Mortgage in good standing and to add the cost and expense thereof to the principal balance of this mortgage without waiving the default of this mort~gatge. TOGETHER WITH all and singular t e easements, heriditaments and appurtenances thereunto belonging or in any wise appertaining and all structures and improvements now and hereafter on said land and all fixtures attached j thereto, together with all rents, issues and profits accruing from said premises :snd all gas, steam, electric, water, plumb- ing, lighting, ventilating, heating and rnoling systems, which now are or may be in or on said premises though they € be detached or detachable, including but not limited to all refrigerators, stoves, ovens, appliances and carpets and all additions, replacements and increase thereof hereafter acquired or located on the said premises, and all attachments and parts thereof, and any additions, extensions or betterments of, in or to the buildings now or herea[ter erected on the said premises. ' ~ TO HAVE AND TO HOLD the above granted premises, with the appurtenances unto the said Mortgagee, in fee simple forever. 1 AND the said Mortgagor hereby covenants and agrees with the stud Mortgagee as follows: 1. That the Mortgagor is lawfully seized of the above described premises in fee simple and has goal right to sell and 1, convey the same to the Mortgagee: that the said premises are tree and discharged o[ and from all taxes, tax titles or ~ certificates, judgments, mechanics' liens and encumbrances of any nature or kind whatsoever and that the Mortgagor ~ will fully warrant and defend the same to the Mortgagee, against the law[ul claims and demands of all persons whom- soever, and will make such further assurances to perfect tee simple title to said land, in the Mortgagee, as may reason- t ably be required, and will t>py the several sums of money agreed in the said note to be paid and all installments of prin- cipal and interest thereon promptly when due, and according to the true tenor and effect of the said note. ~ 2. That the Mortgagor will pay all and singular the taxes, assessments, levies, and encumbrances of every nature nn the above described property, and upon this mortgage and note, or the money secured thereby, before delinquency thereof and receipts evidencing payment of said taxes, assessments, levies and encumbrances shall be deposited with the Mort- gages on or before MarcF• 1st of each succeeding year during the term of this mortgage: and it same be not promptly (said when due, the Mortgagee may (without obligation to do so) pay~the acme, or become purchaser of any lawful evi- dence thereof, or certificate therefor, without waiving or affecting any right hereunder and in thin mortgage,"or the said note which this mortgage secures: and such payments or expenditures so made shall bear interest from the date thereof f at the highest legal rate. 3. That the Mortgagor will keep all real and personal property now or hereafter encumbered by the lien of this mortgage insured as may Ise required from time to time by the Mortgagee against loss by fire, windstorm and other hazards, casualties and contingencies for such periods and for not less than such amounts as maybe required by the Mortgagee and to pay promptly when due all premium9 for such insurance. The amounts of such insurance required by the Mortgagee are expressive of only the minimum amounts for which said insurance shall be written :snd it ah:sll be incumbent u)wn the htorlgagor to maintain such additional insurance as may be nec•esgsry to meet and comply fully with all co-insurance requirements contained in said policies to the end that a-sid Mortgagor is not a co-insumr thereunder. Insurance shall be written by a comp:sny or com)s:snies approved by the Mortgagee and all policies and renewals thereof shall be held by the ~tortgsRee. All detailed designations by the Mortgagor which are accepted by the Mortgagee and ` THE PRINCIPAL AMOiJDT!' OF THE N()?PE SECURED BY THIS N!ORTC~ IS $45,000.00. - - -