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HomeMy WebLinkAbout2927 469143 • MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAGE DEED (the Mortgage), dated as of November 28, ld 79 by srnd tretween Join D. Chilson aQ>:d Joyce D. Chilson, his wife, (hereinafter called Mortgagor) and X31 BST1~C Of $t. Tilcie County aavtng an office at Fort Pierce • Florida (hereinafter called Mortgagee): WITNESSETH, that in consideration of the premises and in order to secure the payment of both the principal ot, and interest and any other soma payable on the note (as hereinafter defined) or this Mortgage and the performance and ob- servance of all of the provisions hereof and of said note, Mortgagor hereby grants sells, warrants, aliens, remises, releases, conveys, assigns, transfers, mortgages and sets over and confirms unto ortg$ggeee all of Mortgagor s estate, right, title and interest in, to and under all that certain real property situate in ~ ~ Lug 1 e County, Florida more particularly described as follows: Lot 10, Block A, COUNTRY LIVING ESTATES, as recorded in Plat Boolc 18, Page 13, of the Public Records of St. Lucie County, Florida i 'J 7 r~ r w 1.~.~:: L~In ~ydNflt Of TautN ~ = - - + l~ll~ ~A IjIM!!'tau ItitNytbN t °rop«t1?. - - ; rr, ; ~ ~ r; . - _ wt • _ ~ ~ ~?1?R1?AN1 h CMptk 11.11t.11pq O~ f>?7t, _ TOGETHER WITH all improvements now or hereafter located on said real profrerty and all fixtures, appliances, - apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replacement - thereof (other 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, occupancy, or operation of said real property, :rll 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, pro:eeds, and profits accruing from said real property _ 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 lthe foregoing said real property. _ tangible and intangible personal property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants _ to Mortgagee a security interest in the foregoing described tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Prof~erty, together with all and singular the tenements, hereditaments :rnd 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, possession, claim and demand whatsoever, as E' well in law as in equity, of 1liortgagor and unto the same, and every part thereof, with the appurtenances of Mortgagor in and to the same, and every part and parcel thereof unto Mortgagee. S Mortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortgaged Profrerty 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 enforceable first mortgage on the Mortgaged Property subject only to the - s exceptions herein provided. Mortgagor has full Bower and lawful authority to mortgage the Mortgaged Property in the j 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 forever warrant :rnd defend the validity and priority of the lien hereof against E the claims of all t~enwns and parties whomsoever. Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver :rll t g+ and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurrnces as Mortgagee shall from time to time require in order to presPn•e the priority of the lien of this Mortgage or to facilitate the s 3 performance of the terms hereof. PROVIDED, HOWEVER, that i( Mortgagor shall prey to Mortgagee the indebtedness in the principal sum of ~ 8, 946. 9~ as evidenced by that certain promissory note (the Note1, of even date herewith, executed by 1 Mortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all other surns advanced by Mortgagee to or on behalf of Mortgagor pursuant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage being NOV . 1984 ,and shall perform :rll other covenant-g and conditions of the Note, all of the terms of which Note arc incorlx?rated herein by reference as though set forth fully here- in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Aortgage and the estate hereby created shall cease and terminate. Mortgagor further covvenants and agrees with Mortgagee as follows: 3 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 he payable in lawful money of the United States of America - at Mortgagee's afnrea:rid principal office, or at such other place as Mortgagee may designate in writing. ' 2. To p:ry when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature ~ and other charges levied or assessed against the Mortgaged Prolrerty or this Mortgage and produce receipts therefor upon - demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be ' or he~•ome superior to this Mortgage and to hermit no default or delinquency on any other lien, encumbrance or charge against the Mortgaged Profrerty. a 3. If required by Mortgagee, to also make monthly defwsits with Mortgagee, in anon-interest I?earing account, to- s Kether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly fazes and assessments which may he levied against the Mortgaged Property, and (if so required) one-twelfth of the yearly premiums (or insurance ~ _ thereon. The amount of such taxes, assessments and premiums, when unknown, shall he estimated by Mortgagee. Such i de{?osits shall he used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such z I ~1 ~K 321 ParE 2923 .