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HomeMy WebLinkAbout1639 • -f ..r ~ 483311 ~ ,,,tt,,, ..s '~='~""';Southeast Banks ~~rlt~~~ MORTGAGE THIS MORTGAGE. executed this 1 5 _h day of Anri 1 lf!_$fl_at Fort Pierce _ Florida by _ JULIAN D SMITH and RUTH H SMITH, his wife of the first part. hsrsinahsr Called tM Mortgagor. which term ss used herein in every instance shall include the Mortgagor's heirs. executors. administrators. successors. legal representatives and assigns. including all wbssquent grantees. either voluntary by act of the parties or involuntary by operation of law. and shall denote the ttirtptrlar and/or plural and the masculine and/or fsmini and M ural and/or artificial vrheutsvsr and wherever the context so re- quires or admits. tflltX FIYtST NATIONAL BANK ~F. FOtRT PIERCE , ~~~South Sixth Street , Fort Pierce , Florida a banking association. of the second part. hereinaher called the Mortgagee. which term as used herein in every instance shall include the Mortgagee's wccessors. legal representatives and assigns. including all wbsequent ssstgnees. either voluntary by act Of the parties or Involuntary by operation of IaW. - WITNESSETH: THAT for divers good and valuable considerations. and also to secure the payment of the aggregate win of money named in the promissory note of even date herewith, hereinafter msntiortsd. together with interest thereon, and all other sums of money secured hereby as hereinafter provided. the hortgagor does grant. bargain. sell, alien. remiss. rsbass. convey and confirm unto the Mortgagee. in fee simple. ;A} the following land: t The South 140.61 feet of the North 270.61 feet of the West ~ 115 feet of the East 6 acres of the NW 1/4 of the SE 1/4 of the. NE 1/4 of Section 17, Township 35 South, Range 40 ± East, St. Lucie County, Florida, also known as the South ' 26.87 feet of Lot 2 and all of Lots 3 and 4, of an Unre- corded Plat known as Myers Subdivision. THIS IS A FIRST MORTGAGE. - ~ ~ _ r RCC'::':1 f 53.60 IN P'...."''.T r~ ~ v lit ; v~ - - - - _ ' II~~ jj~~ i C:'. ~ C 'v 1',': ~ r f . - ! F.:. i Ei.Ty. ~ - ~ - ~ ' ~.j! ~ U. ~ V t•E :;,_.,,ii Tu'ia;31:.71 ~4, k:1S Gr 1971. - cg . ~ . _ QLFK pa%WT COURT, ST. LUgE Cg, Ft~~ - - $ i8} All buildings. structures, and improvements of every nature whatsoever now or hereaher situated on the said property. and all furniture. furnishings. !~xtures machinery. egwpment. inventory and materials On site. and personal property of every nature whatsoever now or hereaher owned by the Mort- gagor and located in. on, or used or intended to be used in connection with or with the operation of said property. buildings. structures or other ~mprove- ~ r,-ents +ncluding all extensions. additions. improvements. betterments. renewals and replacements to any of the foregoing: and all of the nght. title and ~ merest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract. chattel mortgage or s~mdar hen or clam together v.~th the benefit of any deposits Ot payments now Or hereaher made by the mortgagor or on its behalf I Together with all and singular the tenements. hereditaments. easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents. +swes. 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 Mortgagor in 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. , Heaters. water pumps. air conditioning equipment. 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 shutters and awnings. which are now or may hereafter pertain to or bs used with, in or on said premises, even though they be detached or detachable, are and srai{ be deemed to be fixtures and accessories to the freehold and a part of the realty. TO HAVE AND TO HOLD the same. together with the tenements. hereditaments and appurtenances thereunto belonging, and the rents. issues and prof+ts thereof. unto the said Mortgagee. The said Mortgagor hereby covenants with the said Mortgagee that the said Mortgagor is indefeasibly seised with the absolute and fee simple title to i said property. and has full power and lawful authority to sell, convey. transfer and mortgage the same: that it shall be lawful at any time hereaher for the } Mortgagee to peaceably and quietly enter upon. have. hold and enjoy said property, and every part thereof; that said property is free and discharged from all ~~ens. encumbrances and claims of any kind. including taxes and assessments, except those that may be set out above or hereinaher: that the Mortgagor wdl make at Mortgagor's expense and st no expense to Mortgagee wch other and further aswrences to perfect the fee simple title to said land. fixtures and per- sona{ property in the Mortgagee as may hereafter be required: and that the Mortgagor hereby fully warcants unto the Mortgagee the title to said property and w~ii defend the same against the lawful claims and demands of all persons whomsoever. NOW. THEREFORE. the conditions of this mortgage are such that ii 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 Mo and payable to the Mortgagee in the pr~nc+pal sum of Twenty-Six Thousand Eight Hundred and no/100-~Oa~~O.00 the final payment of which is at,e on _~nril 15 , 2000 ,together with any note or notes hereaher executed by-the Mortgagor here+nby and in accordance with paragraph sixteen of this mortgage as hereinafter set forth and secured by the lien of this mortgage. together with interest as therein stated. and shall perform. comply with and abide by each and every the stipulations. agreements, conditions and covenants contained and set forth in th+s mortgage and in the promissory note secured hereby, then this mortgage and the estate hereby created shall cease and be null and void. AND. the Mortgagor does hereby covenant and agree: 1. To perform, comply with and abide by each and every the sttpulations, agreements, conditions and covenants contained and set forth in said prom+SSOry note O? nOtes, this mortgage and. if applicable, the ban agreement between the Mortgages and Mortgagor. i 2. To pay the indebtedness secured by this instrument and according to the true tenor end effect of the promissory note hereinabove mentioned or of any renewal thereof, promptly on the day or days the same severally become due. 3- To pay, before becoming delinquent, all obligations, enwmbrances, taxes. assessments. paving, sidewalk. sanitary and other assessments. levies or bens. now or hereaher levied or imposed upon or against the mortgaged property. and to exhibit to the Mortgagee before such taxes. assessments. I+ens and enCUmbranCes become dslirtquent the official receipts for payment thereof. and if the same or any part thereof be not patd before becoming delinquent the Mortgagee may at arty time pay the same with accrued interest and charges. N any, without waiving or affecting Mortgagee's option to forecbse this mortgage, or any right hereunder, and wary payment so made shell bear interest from the date thereof at the highest rate authorized by law and all such payments with interest shall bs secured by the lien hereof. s-MTCi-17 (11/75) M 060.51-015 - 1 TF!!c INSTP.U'aEYT W'.S f::EFAarD BY: (K SPENCER B. GILBERT, A!!nrney at law ~(,~K P~GE~~ 120 S. SECOgD STREET , Ff. F'If ROE. FE ~ ~ .