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HomeMy WebLinkAbout2479 ~~(1212 ,,,tl,,, :;;;;;,;;;Southeast Banks ' ~~r"~~~ MORTGAGE THIS MORTGAGE. executed thix 12th day of March tg 80 at Fort Pierce, Florida - by DAVID STUART and GLORIA STUART, his wife _ of the first part. hereinaher called the Mortgages. which term as used herein in every instance shall includes the Mortgagor's heirs. executors. adm+nistrators. successors. legal representatives and assigns. including all subsequent grantees. either voluntary by act of the parties or involuntary by operation of law. and shall denote the singular and/or plural, and the masculine and/or feminine. and natural and/or artificial persons. whenever and wherever the context so re- quires or admits. toles First National Bank of Fort Pierce a banking association. of the second part. hereinaher called the Mortgagee. which term as used herein in every instance shall include the Mortgagee's successors. legal representatives and assigns. including all subsequent assignees. either .oluntary by act of the parties or involuntary by operation of Isw. WITNESSETH: THAT for divers good and valuable considerations. end also to secure the payment of the aggregate win of money named in the promissory note of even date herewith. hereinaher menUOned. together with interest thereon. and. a!t other sums of money secured hereby as hereinafter provided. the Mortgagor does grant. bargain, sell, alien. remise, release. convey and confirm unto the Mortgagee. in tee simple. A; the following land - Lot 8, Block 2, RAINTREE FOREST, an unrecorded Platy more particularly described as follows, to wit: BEGINNING at a point that is 30 feet South of and 75 feet East of the Northwest corner of Section 33. Towns~ip 35 South, Range 40 East. Saint Lucie, County, Florida; thence run S89 34' 46" E, parallel to the North line of said Section 33, a distance of 573.16 feet; thence S02° 27' 15" W, parallel to the West line of said Section 33, $ distance of 125.00 feet, to the POINT OF BEGINNING; thence continue S02 27' 15" W, a distance of 125.00 feet; thence N89° 34' 46" W; a distance of 176.42 feet; thence N02° 27' 15" W,-a distance of 125.00 feet; thence S89° 34' 46" E, a distance of 176.42 feet, to the POINT OF BEGINNING. (SF,E TTUN CF LDGAL . DESCRIPTIGN ON PAGE 3 EIERDOE' UNDER I~'II~1 NO. 26.) ~ . . , i _ RECEtYtO ! y8. o'd IN PAl'1~1R QF TAXES ~ ~ t I DUE ON Cl1:SS 'C' INTAN6 BlE tf.R~Ok.`.l PRO?EFTT, - - . • ~ r ' PURSJNIT TO CHAPTcR 71-::4, ACTS OF IOII, - ~ - - " ' ROOFR PWTf;AS it)' - - - - - - CLFIi>K pitC111T COURT. ST. LUSIE CO. Fl/l g', All buildings. structures. and improvements of every nature whatsoever now or hereafter situated on the said property. and all furniture, furnishings. ;yes machinery. egwpment. inventory and materials on site. and personal property of every nature whatsoever now or hereafter owned by the Mort- ,+..;ur and located m. on or used or intended to be used in connecUOn wrth or wrth the operation of said property. buildings. structures or other improve- • ~ n!s including all extensions. addiflons. improvements. betterments. renewals and replacements to any of the foregoing: and all of the right. tale and ~N~est n( the Mortgagor in any such personal property or fixtures subject to a conditional sales contract. chattel mortgage or sim+lar hen or clam together ~ the benefit of any deposits or payments now or hereafter made by the mortgagor or on its behalf Together wrth all and singular the tenements. heraditaments. easements and appurtenances thereunto belonging, or in any wise appertaining. and the -anis issues. and profits thereof. and also all the estate. right. title. interest and all claims and demands whatsoever, as well in law as in equity. of said '~"c,-tgagor m and to the same. and every part and parcel thereof, and also specifically but not by way of limitation all gas and electric fixtures. radiators. r:eaters, water pumps. air conditioning egwpment. machinery. boilers, ranges. elevators and motors. bath tubs. sinks. water closets. water basins- pipes. ~ faucets. and other plumbing and heating fixtureS.'mantels. refrigerating plants and ice boxes. window screens. screen doors, venetian blinds. cornices. storm ~h~tters and awnings. which are now or may hereafter pertain to or be used with, in or on said premises. even though they be detached or detachable. are and ,eau be deemed to be fixtures and accessories to the freehold and a part of the realty. TO HAVE AND TO HOLD the same. together wrth the tenements. hereditaments and appurtenances thereunto belonging, and the rents. issues and ! .:~chts thereof. unto the said Mortgagee. tt The said Mortgagor hereby crn/enants with the card Mortgagee that the card Mortgagor is indefeasibly seized wrth the absolute and fee simple title to s a d property. and has full power and lawful authority to sell: convey. transfer and mortgage the same: that it shall be lawful at any time hereafter for the ~ `~ortyagee to peaceably and quietly enter upon, have. hold and enjoy card property. and every part thereof: that said property is free and discharged from all i ens encumbrances and claims of any kind. including taxes and assessments. except those that may be set out above or hereinafter, that the Mortgagor wdl to •-•ake at Mortgagor's expense and at no expense to Mortgagee such other and further assurances to perfect the (ee simple title to said land. fixtures and per- j ~;~ai property m the Mortgagee as may hereafter be required: and that the Mortgagor hereby fully warrants unto the Mortgagee the title to said property and defend the same against the lawful claims and demands of all persons whomsoever NOW. THEREFORE, the conditions of this mortgage are such that if the Mortgagor shall well and truly pay unto the Mortgagee the ^debtedness evidenced by that certain promissory note of even date herewith. made by the Mortgagor and payable to the Mortgagee m the TWENTY FOUR THOUSAND AND NO/100----------------------- 24 000.00 ,.-:ncipal sum of $ IS ~ ? the final payment of whrch +s due on September 12, 1980 ,together with any note or notes hereafter executed by the Mortgagor ^ereinby and in accordance with paragraph sixteen of this mortgage as hereinafter set forth and secured by the Uen of this mortgage. together wrth interest as erein stated. and shall perform, comply with and abide by each and every the stipulations. agreements, conditions and covenants contained and set forth m ~n~s mortgage and in the promissory note secured hereby. then this mortgage and the estate hereby created shall cease and be null and void I 3 ANO. the Mortgagor does hereby covenant and agree t To perform. comply with and abide by each and every the stipulations. agreements, conditions and covenants contained and set forth rn said -~>m~ssory note or notes. this mortgage and. d applicable, the loan agreement between the Mortgagee and Mortgagor. 2 To pay the indebtedness secured by this instrument and according to the tare tenor and effect of the promissory note here+nabove mentioned or z any renewal thereof, promptly on the day or days the same severally become due. P. t 3 To pay. before becoming delinquent. all obligations. encumbrances. fazes. assessments. paving. sidewalk. sarntary and other assessments. Levies ..ens. now or hereafter levied or imposed upon or against the mortgaged property. and to exhibit to the Mortgagee before such taxes, assessments. 'ens and encumbrances become delinquent the official receipts for payment thereof, and d the same or any part thereof be not paid before becoming 6 _telinquent the Mortgagee may at any time pay the same with accrued interest and charges. it any, without waning or affecting Mortgagee's option to foreclose this mortgage, or any right hereunder. and every payment so made shall bear interest from the date thereof at the highest rate authorited by law and all wch payments with interest shall be secured by the hen hereof S-rRTG-l7 (tl/75) M oeo•ss-ois t j.~ ~,.f~K3 7 F~~E2478 x