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HomeMy WebLinkAbout2033 09 / 4'79912 ~ (RE-RECORD TO REFLECT PROPER NUMBER OF WITNESSES.) THIS MORTGAGE DEED. made and executed the 5~_day of FebruarX 19~" by _ ORLIFF McFAUL and gEVERT.F.Y Mc_FA[iT.~ hi a tai fc~ hereinafter called the Mo:tgagor. which term shall include the heirs, legal representatives. successors and assigns of the said Mortgagor, wherever the context so requires or admits. to FIRST NATIONAL $ANK AND TRUST COMPANY OF STUART, Stuart, Florida a National Banking Association, hereinafter called the Mortgagee,-which term shall include the heirs, Iegat representatives, successors and assigns of the said Mortgagee wherever the context so requires or admits. R'ITNESSETH: That for divers good and valuable considerations. and also in consideration of the aggregate sum named in the promissory note hereinafter described, the said Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said Mortgagee, his heirs. successors and assigns, all the certain piece ,parcel . or tract of land. of which said Mortgagor is now seized and possessed and in actual possession, situate in the Cuunty of St _ L.L~'? P and State of Florida, described as follows: CONDOMINIUM PARCEL: Lot No. 9, Of VENTURE OUT AT ST. LUCIE,INC., a Condominium according to the Declaration of Condominium thereof, recorded in Official Record Book 189, Page 1677 et seq., of the Public Records of St. Lucie County, Florida. Mortgagor expressly agrees to comply with each and every provision of the Declaration of Condominium and all Amendments thereto. of - which the instant unit is a part. This includes the provisions of the Articles of Incorporation of the Condominium Association, together with the provisions of the Condominium Association's By- Laws, and includes, if applicable, the provisions of the Long Term Lease, if any. In the event~of default on the part of the Mortgagor in any one or more of the provisions of the aforesaid Agreements, Mortgagee may, at Mortgagee's sole option, declare the default on any of the aforesaid Agreements, mentioned in this instant~Article, to be a default under the provisions of this instant•Mortgage, and may further, at Mortgagee's sole option, accelerate the indebtedness due and payable in full and/or seek judicial remedies under the provisions of this instant Mortgage.. SEE O.R. Bk. 325, Pg. 2224 Rso~iwd g _.l.°_:r. in P~rtt Ot~avas Ow On Cta~s "C" ittatt~bM P~esottN Arop~IK ~snt To Chi 71. t3~, Aaa Of 1>i7~. c 1- CNrIc Cirwlt Cowl gt Ltd Co.. Fla To HAVE AND TO HOLD the same, together with all and singular the tenements, herediuments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and also all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity of the said Mortgagor in and to the same and every part and parcel thereof unto the said Mortgagee, and his heirs, successors and assigns, in fee simple. And said Mortgagor, for himself, and his heirs, legal representatives, successors and assigns, hereby covenants with said Mortgagee, his heirs, legal representatives, successors and assigns, that said Mortgagor is indefeasibly seized of said land in fee simple; that the said Mortgagor has full power and lawful right to convey the same in fee simple as aforesaid; that it shall be lawful for said Mortgagee, his heirs, legal representatives, successors and assigns, at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land and every part thereof; that said land is free from all incumbrances; that said Mortgagor, his heirs, legal representatives, successors and assigns, will make such further auurances to perfect the fee simple title to said land in said Mortgagee, his heirs, legal representatives,successors and assigns, as may reasonably be required; and that said Mortgagor does hereby fully warrant the title to said land and every part thereof and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS, That if said Mortgagor shall pay unto the said Mortgagee the certain promissory note, of which the following in words and figures is a true copy, to-wit: a~K ~dGE~z _ _ _