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HomeMy WebLinkAbout1735 '=''MSc~utheaSt banks 4135162 ~ ~~111~~' MORTOAQE f ' i THIS MORTGAGE, executed thi• 1St ~y of May 18.~at Fort Pierce, Florida by NORMAN BRODER and JOAN H BRODER, his wife, and JOHN T_ MOOSE, of the first part. hareu?ahsr called tM Mortgagor. which term as used herein in every insUnca shall include the Mortgagor s heir. executor. administrators. successors. IpN rsprossntatiws and assigns. including all wbtequant grantees. either voluntary by act of the parties or involuntary by operation of law, end shall denote the sin qu~le~~r~ ~and/or plural. and tM masculine and/or feminine, and natural and/or artificial persons. whsnswr end wherever the context so re- quires or admits, to~GlG~~1ii1QsX FIRST NATIONAL BANK OF FORT PIERCE, - a banking associstan. of the second part. hersinahsr celled the Mortgages. which term as used herein in every instance shall include the Mortgages i successors. Isgal representatives and assigns. including all wbsequent ass~gnses. either voluntary by act of the parties a involuntary by operation of law, WITNE38ETH: THAT for divers good and valuable oonsidsrations. and also to sscuro the payment of the aggregate wm of money named in the promissory note of even date herewith, hsroinahsr mentioned. together with interest thereon, end all other wms of money secured hereby ss hereinafter provided, the Mortgagor does grant. bargain. sell, alien, remise, roleass. convey and confirm unto the Mortgages. in fee simple. • iAl the following land: The Southerly 140 feet of the East ~ of the West ~ of the North ~ of the Southwest ~ of the Southeast ~ of Section 9, Township 35 South, Range 40 East, lying North of Easter Avenue, LESS the West 200 feet thereof and LESS rights-of-way for Delaware Avenue, St. Lucie County, Florida. This is a Second Mortgage subject to that certain Mortgage dated July 24, 1973 from Ron Rathay to First National Bank of Fort Pierce, recorded July 26, 1973, in O.R. Book 216, Page 2517, Public Records of St. Lucie County, Florida. 5 b g-~- : 30.00 1!1 ?AY!i!=`IT CF TARE= 1~ j s - S~ a.• C;.' ' _ ~ P..=';; _C PirJi•EitTY, ~ jr. ``t.. - f1EHK QKGgiT GGUaT. ST. LgilE 00,, FUl~dl~' 191 All buildings, structures, and improvements of every nature whatsoever now or hsreaher situated on the said property, and aY furniture. furnishings. t;xtures. machinery. equipment. inventory and materials On site. and personal property of every nature whatsoever now or hereafter owned by the Mort- gagor and located in, on. Or used O? intended to be used in connection with or with the operation of said property, bwldings. structures or other improve- menu. including all extensions. additions. improvements. betterments. renewals and replacements to any of the foregoing: and all of the right. title and Merest of the Mortgagor in any such personal property or fixturos subject to a condiUOnal sales contract. chattel mortgage or similar hen or claim together with the benefit of any deposits or payments now o? hereafter made by the mortgagor or on its behalf. Together with all and singular the tenements, hereditemsnts, easements and appurtenances thereunto belonging. or in any wise appertaining. and the it rents. issues. and profits thereof. and also all the estate. right, title, interest and all claims end demands whatsoever, as well in law as in equity, of said j h~ortgagor in and to the same. and every part and parcel thereof, and also specifically but not by way of limitation aQ 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 Winds, cornices. storm shutters and awnings. which are now or may hsrsaher pertain to orbs used with. in or on said premises, even though they bs detached or detachable. are and E~ shall be deemed to be fixtures and accessories to the heshokf and a part of the realty. t TO HAVE AND TO HOLD the same, together with the tenements. hereditaments and appurtenances thereunto belonging. and the rents, issues and profits thereof, unto the said Mortgagee. The said Mortgagor hereby covenants with the said Mortgagee that the said Mortgagor is indefeasibly seized with the absduts and fee simple title to said property. and has full power and lawful authority to sell, convey, transfer and mortgage the same: that it shall bs lawful at any time hereafter 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 Dens, encumbrances and claims of any kind, including taxes and assessments, except those that may be set out above or hereinafter: that the Mortgagor will make at Mortgagor s expense and at no expense to Mortgages such other end further aswronces to perfect the fss simple title to said Isnd, fixtures and per- sonal property in the Mortgagee as may hereafter bs rsquirod: and that the Mortgagor hereby fully warrants unto the Mortgages the title to said property and aI will defend the same against the lawful claims and demands of ell persons whomsoever. $ NOW. THEREFORE. the conditions of this mortgage ere wch that if the Mortgagor shall well and truly pay unto the Mortgagee the ~ndebtednesS evidenced by that certain promissory note of even date herewith, made by the Mortgagor and payable to the Mortgagee in the ~ principal wm of FIFTEEN THOUSAND AND NO/100 DOLLARS---------- ---ls 15,000.00 1, the final $ - payment of which is due on June 1 ~ 1990 ,together with any rate or notes hereafter executed by the Mortgagor hEre~nby and in accordance with paragraph sixteen of this mortgage ss hereinafter set forth and sswred by the lien of this mortgage, together with interest as therein stated. and shall perform, comply with end abide by each and every the stipulations, agrsetnsnts. conditions and covenants contained and set forth in a this mortgage and in the promissory note secured hereby, then this mortgage and the estate hereby crested shall cease and be null and void. s AND. the Mort doss her f gagor sby covenant and agree: I 1. To perform, comply with and abide by each and every the stipulations, agreements. conditions and covenants contained and set forth in said promissory note or notes. this mortgage and. H applicaWs, the-ben agreement between the Mortgagee and Mortgagor. 2. To pay the indebtedness secured by this instrument and according to the true terar and effect of the promissory note hereinabove mentioned or of any renewal thereof, promptly on the day or days the same sevsrolly become due. 3. To pay. before becoming delingwnt, all obligations. sncumbronces. taxes, assessrrtertts, paving. sidewalk. sanitary and other assessments, levies or liens, now or hereaher levied or imposed upon or against the mortgaged property. and to exhibit to the Mortgages before such taxes. assessments, hens and•encumbrartcss become delinquent tM official receipts for payment thereof. and if the same or any part thereof bs rat paid before becoming delinquent the Mortgagee may at arty time pay the same with accrued interest and charges, if any, without waiving or affecting Mortgagee's option to foreclose this mortgage. of any right hereunder, and wary payment so made shall bear interest from the date thereof at the highest rate authorized by law and all such payments with intsrost shalt bs secured by the lien hereof. E s-~+Ta-i~ fitnsl M oso•ss-ois 1 lye s BOOK ~ P1GE',~5 r'