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Home My WebLink About1795 ~'~4351 ~ q ~ . , MORTGAGE DEED AND SECURITY AGREE~VIEt~T - • ' ~ io THIS MORTGAGE DEED (the Mortgage), dated as of December 20 19 ~ . by and between 3~' ~ ROGER W. DAMS, JR. and JANICE H. DAMS, his wife Ihereinatter called Mortgagor) and SUN BANK OF ST. LUCIE COUNTY ,having an office at P. O. BoX 8, Ft. Pierce, Florida ,Florida (hereinafter called Mortgagee): WITNESSETH, that in rnnaiderution of the premises and in order to secure the payment of both the principal ot, and interest and any other auras payable on the note (as hereinafter defined) or this Mortgage and the performance and ob- servance of all of the provisions hereof and of snid note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases, conveys, assigns, transfers, mortgagee and seta over and confirms unto Mortgagee, all of Mortgagor s estate, right, title and interest in, to and under all that certain real property situate in St. Lucie County, Florida more 1)articularly described as foUowa: 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 point; thence run West 66 feet to t 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 North- east 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 1«•ated on s:)id real property and all fixtures, applianccw, apl)aratus, equipment, heating and air conditioning equipment, machinery and articles of t)ersonal property and replacement thereof (other than those owned by lessees at 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, occul)ancy, or ol)eration of said real prol)erty.:)11 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 :)nd interest of Mortgagor thereunder, including without limitation, cash or see•uri- :its ..a )n,~i.eu u)oieuuuri i,u)au.wi iu saiu ieasrs, :u)u aii renia, i~ura, prcxctitis, anti profits accruing from s:))d real property :and together with all proceeds of the cromersion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards. Ithe foregoing said real property, tangible and intangible 1)ersonal property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing dese•rihed tangible and intangible 1)ersonal property. TO HAVE AND TO HOLD the Mortgaged Prol)erty, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise apl)ertaining 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, :)s 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 1)arce) thereof unto )\iortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortgaged Yrot)erty subject to no lien, charge or encumbrance except such as mortgagee has agreed to accept in writing and Mortgagor cotenants that this Mortgage is and will remain a slid and enforceable first mortgage on the Mortgaged Property subject only to the exceptions herein provided. Mortgagor has full power and lawful authority to mortgage the Mortgaged Prot)erty in the n):)nner 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 warrnnt and defend the validity and priority of the lien hereof against ` :the claims of all t)etsons and parties whomsoever. Mortgagor will, at the cost of Mortgagor, and without ex;)ense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and asgur.)nces as -Mortgagee shall from time to time require in order to pregen•e the priority of the lien of this Mortgage or to facilitate the ~ I:ertormance of the terms hereof.. I F z PROVIDED. HOWEVER, that i( Mortgagor shall pay to Alortgagee the indebtednetis in the principal sum of $ 23, OQ0.00 as evidenced by that certain promissory note Ithe Note1, of even date herewith, executed by i Mortgagor and lu)yable to order of Mortgagee, with interest and ul)on the terms as provided therein, and together with all ether sums advanced by Mortgagee to or on behalf of Mortgagor pursuc)nt to the Note or this Mortgage, the final maturity date of the Note and this Mortgage being July 30. 1984 ,and shall perform all other rnvenants and s conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set forth fully. here- s in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Mortgage and the estate hereby cmatPd shall cease and terminate. a Mortgagor further com•enants and agrees with Mortgagee as follows: f. To pay all sums, including interest secured hereby when due, as provided (or in the Note and any renewal, extension nr moditic•ation thereof and in this Mortgage, all such sums to be p:)yable in lawful money of the L?nited States of America at 1\tortgageP s aforea~id principal office, or at such other place as Mortgagee map designate in writing. 2. To tk~y when due, and without requiring any notice from Mortgagee, all taxes, assessments of any tyl)e or nature and other charges levied or assessed against the Mortgaged Property or this Mortgage and produce receipts therefor utwn demand. To immediately pay and discharge any clam, lien or encumbrance against the Mortgaged Pro{)arty which may tx• or become superior to this Mortgage and to permit no default or delinquency on any other lien, encunbrance or charge against the Mortgaged Pmlx•rty. 3. If required by Alortgagcc•, to also make monthly delx)sits with Mortgagee, in anon-interest bearing account, to- gather with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments which E map tm levied against the Mortgaged Property, and (it so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, assessments :)nd tremiums, when unknown, shall be estimated by Mortgagee. Such ~ delrosits shall he used by Mortgagee b pay such taxes.:~~sessments and premiums whe/n due. Any insufficiency of such Received a G' In Pannsnt or T„tr • 1- Oue On Class "C" Intangible Psrsprtal Perry IIR °~~!uant To Chapter 71, 134, q ~ Itt:ftlf 3~2 ~tGE~~ c" a w~1, -