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HomeMy WebLinkAbout0072 ,,,tr,,, ~ 480212 Southeast banks 4 L~959 ' 3 4 MORTGAGE Fe•~ecord THIS MORTGAGE, executed this 12th eay of March ~ 8g 0 at Fort Pierce, Florida by DAVID BINARY and GLORIA STUART, his wife of the first part. hersinahsr called the Mortgagor, which term as used heroin in every instance shall include the Mortgages i heirs, executors. administrators. successors, legai representatives end assigns. including all wbsequent grantees, either voluntary by act of the parties or involuntary by operation of law. and shall denote the si lar and/or plural, and the tttascul' and/ t~rnirts. and natural and/or artificial persons. whenever and wherever the context so rs- quires or admin. to First Nationa~ Banc of Fort Pierce a banking association, of the second part. hereinafter called the Mortgagee. which term as used herein in every instance shall include the Mortgagee's successors. legal representatives and assigns. including all wbsequent assignees. either voluntary by act of the parties or involuntary by operation of law. WITNESSETH: THAT for divers good and valuable considerations, and also to secure the payment of the aggregate sum 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 hsreinsher provided. the Mortgagor does grant. bargain, sell. alien, remiss, rokass. convey and confirm unto the Mortgagee. in fee simple. IA) 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. Tawns~ip 35 South, Range 40 East. Saint Lucie, County, Florida; thence run S89 34' 46" B, parallel to the North lime 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 176b42 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 BEG~TNNING. ~ ~ D~ZZGN OiN PAGE 3 I~ftD(~' tIAIDER I'!~I NO. 26 ~ { I t`-- _ - - - _ ; : _ _ . _ : t tEtQr[S ! 8. r7~ (N UA'IIIEEfR Of TARE= , ~ ~ , - _ , _ r• i. = - ~ • : . - - ! , C L DUE ON CLASS 'C INTAN6BLE yEASONAI PROPERTY, _ , . - - c ~T„~.t- ~ PURSUANT TO CIIAPTEiI n-1:4. ACTS oc tg71. - ? a. ' ~ r. ` ~ • } ' ^ • ' ~ - ~ 5. 0 0 ~ ROGER POITRAS - - - ~ ~ "r _ arc o>:caT cowl, st. wc1E co, fu T . IB? All buikfings. structures, and improvamenri of every naturo whatsoever now or hereafter situated on the said property, and all furniture, furnishings. `~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. o? used or intended to be used in Connection with or with the operaUOn of said property. buildings. 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 arid merest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract. chattel mortgage or similar lien or claim together with the benefit of any deposits Of payments now or_hereafter made by the mortgagor or on its behalf. Together with all and singular the tenements, hereditamsnri, easements and appurtenances thereunto belonging, or in any wise appertaining. and the rents. issues. and profits thereof, and also all the estate. right. title. interest and all daims and demands whatsoever, as well in law ss 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. elevator and motors, bath tubs, sinks. water ckx3eri, water basins. pipes.. faucets. and other plumbing and heating fixtures. mantels, refrigerating planri and ice boxes. window screens. sueen 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 shalt be deemed to be fixtures and accessories to the frsefwki and a part of the realty. TO HAVE AND TO HOLD the same. together with the tenemenri. 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 absolute 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~be lawful at any time hereafter for the g Mortgagee to peaceably and mrietly enter upon. have, hold and enjoy acid property, and every part thereof: that-said property is free and discharged from all . !.ens. encumbrances and claims Of any kind, including taxes and assessmsnri, 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 and further aswronces to perfect the tee ample title to said land, fixtures and per- sonal property in the Mortgagee as may hereafter bs requirod: and that the Mortgagor heroby fatly warranri unto the Mortgages the title to said property and will defend the same against the lawful claims and demands of all persons whomsoever- fi NOW. THEREFORE, the conditions of this mortgage are such that if the Mortgagor :hall well and truly pay unto the Mortgagee the indebtedness evidenced by that certain promissory note of even date herewith, made by the Mortgagor and payable to the Mortgagee in the $ZWENTY FOUR THOUSAND AND NO/100----------------------- 24 000.00 principal wm of (s, ~ the final Septettlber 12 1980 E payment of which is due on ~ ,together with any note or notes hereafter executed by the Mortgagor heretnby and in accordance with~paragroph sixteen of this mortgage as hereinafter set forth etxf secured by the lien of this mortgage. together with interest as s therein stated. and shall dorm, r:orn with and abide each end ~ pe ply by every the stipulatiorts, agroemenri, conditions and covsnanri contained and set forth in ~ this mortgage and in the promissory Hate secured hereby, then this mortgage and the estate hereby created shall cease and be null and void. 1 AND, the Mortgagor does hereby covenant and agree: - t t. To perform. comply with and abide by each and every the stipulations, agraemenri. conditions and covenanri contained and set forth in said promissory note or notes, this mortgage and, if applicable. the loan agreement between the Mortgages and Mortgagor. E 2. To pay the indebtedness secured by this instrument and according to the true tenor and effect of the promissory note herainabove mentioned or ~ of any renewal thereof, promptly on the day or days the same severally become due. 3. To pay, before becoming delinquent, all oblpations, encumbrances, taxes, ssssssmenri, paving, sidewalk, sanitary end other assessments. levies or liens. now a hereafter levied or imposed upon or against the mortgaged property, and to exhibit to the Mortgagee before wch taxes, assessments. Hens and•encumbrartces become dslirpuertt the official receipts for payment thereof, and if the same or any pert thereof bs not paid before becoming delinquent the Mortgages may at any time pay the same with accrued interest and charges. ii arty, without waiving or affecting Mortgagee s option to foreclose this mortgage, or any night hereunder, and wary payment so made shall bear interest horn the date thereof at the highest rate authorized by law and all wch payments with interest shall be secured by the lien hereof. 5-MT(i-17 (11/75) M 06O5e-O1S 3~K()()(~ pbUc ~ Q~~~~ Ddnt~~~ ~ V[CJS,JJJSr - r l:^ U I 1K i~ra