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HomeMy WebLinkAbout0490 4'713y3 ~ 3' . MORTGAGE •D~ED AND SECURITY AGREEMENT THIS MORTGAGE DEED (the Mortgage). dated as of - January 3 ~ , 19 8U , by and between Roger Lightle (hereinafter called Mortgagor) and Sun Bunk Of St. Lucie County ,having an office at 111 Orange Avenue, Fort Pierce ,Florida (hereinafter called Mortgagee); 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 (as hereinafter defined) or this Mortgage and the performance and ob- servance of all oI the provisions hereof and of said note. Mortgagor hereby grants, selhr, warrants„ aliens, remises, releases, conveys, assigns, transfers, mortgages and sets 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 particularly described as oll ws: Parcel Lot 25, Block 2, FT. PIERCE SHORES, UNIT ONE, according to the plat thereof as recorded in Plat Book 9, Page 9 of the Public Records of St. Lucie Oounty, Florida. RECEIYEtI ; 36, ~ PAYIKEf1T l!F TAXE= ~j ~l;c CH Cl«SS 'C' tNTs`:? 9i. PtRSONAI PROAEATY. ,1 .l PURSU6ttT T~ i L'.'•l.. t 71•:°4, ROTS OF 1911, Parcel 2 ~-~:_~t PlTi:11S i t:L:RK C4ZCU.? COUNT. ST. LU~IE CO.. fIA.J~'iL , Lot 5. Block 36, Ft. PIERCE SHORES, Revised Plat of Unit Five, according to the plat thereof as recorded in-Plat Book 4, Page 36 of the Public Records of St. Lucie County, Florida. - - - ?.~ii.?i~_1Ftti-BAR`. LTG: U?c' ~ ! TOGETHER WITH all improvements now or hereafter located on said real property and all ti:lures, appliances, apparatus, equipment, heating and air rnnditioning equipment, machinery and articles of per~nal property and replacement thereof (other than those owned by lessees of said real property) now or hereafter attired 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, all 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 acid leases. and all rents, issues, proceeds, and profits accruing from said real property and together with all pr~?ceeds of the conversion, ~•oluntary or involuntary of any of the foregoing into cash or liquidated .claims, including without :imitation, proceeds of insurance and rnndemnation awards (the 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 Property, together with all and singular the tenements, herrditamenls and atpurtenances 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 well in law as in equity, of Mortgagor arid 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. Mortgagor warrants that it has a good and marketable title to an indefeasible fee estate in the Mortgaged Property 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 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 be 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 persona and parties whomsoever. Mortgagor will, at the cost of Mortgagor, and without ezpenae 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 preserve the priority of the lien of this Mortgage or to facilitate the performance of the terms hereoL PI~OV DE HOWEVER, that if Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of 18, o'~o. ~1 S as evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and upon the terms as pro~~ded therein, and together with all other sums 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 January 2, 1985 ,and shall perform all other covenants and conditions of the Note, all of the terms of which Note are incorporated herein by reference as though sei forth fully here- in, and of any renewal, eztension or modification, thereof and of this btortgage, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further comenants 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 be payable in lawful money of the United States of America at Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing. 2. To pay when due, and without requiring any notice from Mortgagee, all tares, assessments of any type or nature and other charges levied or assessed against the Mortgaged Property or thin Mortgage and produce rrceipts therefor upon demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property 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. It required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly tares and assessments which may he levied against the Mortgaged Property, and (it so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such fazes, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such lazes, assessments and premiums when due. Any insufficiency of such OR ~NGJ fir . 8GQ1I P~f