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MORTGAGE DEED AND SECURITY AGI'~EEMENT ~ • 7
THIS MORTGAGE DEED (the Mortgage), dated as of December 20 ~ 19?9, by :+nd between
ROGER W. DAVIS, 3R. and JANICE H. DAVIS, his wife ,
(hereinafter called Mortgagor) and S[iN BANK OF ST. LUCIE COUNTY ? ,having an
ot[ice at p, O, Box 8, Ft. Pierce ,Florida (hereinafter called Mortg:gee):
WITNESSETH, that in consideration of the premises and in order to secure the payment of both the principal of, and
interest and any other sums payable on the note laa hereinafter defined) or thin Mortgage and the performance and ob-
servance of all of the provisions hereo[ and of said note. Mortgagor hereby grants, se{Is, warrants, aliens, remises, releases,
conveys, assigns, transfers, mortgages and seta over and contirraa unto Mortgagee, all of Mortgagor's estate, right, title and
interest in, to and under alt that certain real property situate in ,r?t.~ Luele County, Florida more }x+rticularly
described as follows:
From the Northeast corner of the Northeast 1/4 of the Northeast 1/4, of the
-Northeast 1/4, of Section 9, Township 36 South, Range 40 East, run South
along Section line a distance of 663.64 feet to a points thence run West 66
feet to a point on the West boundary of Oleander Avenue for a Point of
Beginning; thence continue West 627.3 feet to a point being the Southwest
corner of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4; thence
run North a distance of 312.5 feet to a point; thence run East parallel to
the South line of the Northeast 1/4 of the Northeast 1/4 of the Northeast
1/4, to the West boundary of State Road 605 (Oleander Avenue); thence South
along the West boundary of State Road 605 (Oleander Avenue) to the Point of
Beginning, all lying and being in St. Lucie County, Florida.
TOGETHER WITH all improvements now or hereafter lo+•ated on s:+id real property and all fixtures, appliances,
apparatus, equipment, heating and air rnnditioning equipment, machinery and articles of personal property and replacement
thereof (other than those owned by lessees of said real property) now or hereafter :+ffixed to, attached to, pla+•ed upon, or
used in any way in connection with the complete and comfortah[e use, occu}>:+ncy, or operation of said real property, all
licenses and permits used or required in connection with the use of said real property, all leases of said real property now or
here:+fter entered into and all right, title :+nd interest of Mortgagor thereunder, including without limitation, cash or sec•uri-
N~ dorv..:~o.i ~ha.~_;;-+~; ,,nu aii reuis, issues, proreeris, and prot+ts accruing from said real property
:+nd together with all proceeds of the +•onversiun, voluntary or involuntary of :+ny of the foregoing into cash or liquidated
e•laims, including without limitation, proceeds of insurance and condemn:+tion awards (the foregoing said real property,
tangible and intangible persona) property hereinafter referred to as the Mortgaged Pro}erty). Mortgagor hereby grants
to Mortgagee a security interest in the foregoing described tangible and intangible }rersonal property.
TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise ap}rertaining 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
well in law as in equity, of Mortgagor and unto the same, and every part thereof, with the appurtenances of Mortgagor in
l :?nd to the same, and every part and }>.~rcel thereof unto Mortgagee.
!1lortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortgaged Yro}?erty
,abject to no lien, charge or encumhrnnrr except such as Mortgagee has agreed to accept in writing and Mortgagor covenants
that this Mortgage is and will remain a valid and enforcrahle first mortgage on the Mortgaged Property subject only to the
exceptions herein provided- Mortgagor has full power and lawful authority to mortgage the Mortgaged Property in the
~ ;manner and form herein done or intended hereafter to he 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 }><•+rties whomsoever.
Mortgagor will, at the cost of Mortgagor, and without expense to mortgagee, do, exer•ute, acknowledge and deliver all
:,nd every such further acts, deeds, conveyances, mortgages, assignments, notices of :+ssignment, transfers and assurances as
~tortg:+gee shall from time to time require in order to }.reserve the }rriority of the lien of this Mortgage or to facilitate the
}rerformarae of the terms hereof.
PROVIDED, HOWEVER, that if Mortgagor shall }r:+y to Mortg:gee the indebtedness in the principal sum of
55,000.00 evidenr•ed by that certain pmmissory note (the Note1, of even date hen:with, executed by
Mortgagor and W+yahle to order of Mortgagee, with interest and u}ron the term-4 as provided therein, and together with all
~ other sums advanced by hortgagee to or on behalf of Mortgagor pursuant to the Note or this Mortgage, the final maturity
date of the Note and this Mortgage being t~+r_Pmh _r 20,2000 ,and shall perform all other covenants and
t conditionv of the Note, all of the terms of which Note are incorywrated herein by reference as though set forth fully here-
in, and of any renewal, extension or modification, thereof and of this Mortgage, then this 1ltortgage and the estate hereby
S ~•reated shall cease and terminate.
Mortgagor further convenants and agrees with I?tortgagee 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 he payable in lawful money of the LJnited States of America
at mortgagee's aforesaid princi}>.'+1 office, or at such other place as Mortgagee may designate in writing. •
2. To p:+y when due, and without requiring any notice from 114ortgagee, all taxes, assessments of any ty}re or nature
and other charges levied or assessed against the Mortgaged Property or this Mortgage and pnxiuce receipts therefor u}ton
demand. To immediately pay and discharge any claim, lien or encumhrara•e against the Mortgaged Yro}rerty which may he
or become su}?erior to this Mortgage and to }rermit no default or delinquency on any other lien, encumbrance or charge
against the Mortgaged Property.
3. If required by litortgagee, to also m:+ke monih)y deposits with Mortgagee, in non-interest hearing 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 Ire levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance
thereon. The amount of such taxes, assessments and premiums, when unknown, shall be estimated ~by Mortgagee. Such
de}wsits shall lre used by Mortgagee to pay YUCK lazes, assessments and premiums when due. Any insufficiency of such
i Recslved ! D- ~ In Parrrtsrtt Ot Texst
-1- Oue+ On Class "C" Intsnyibls Persons} prop~•tr,
o~r«~rant To Chapter 71, 134, Acts Qt •»71,
Alt/+li. tlr/?1 RAr,Fti pArTOee n