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HomeMy WebLinkAbout1260 S ; 8~- ~ 3~7 /-7 j3- ~ . MORTGAGE DEED AND SECURITY AGREEMENT ~p.15 , TH13 MURTGAGS DECD (the Mortgage). dated as of August 26 . ~ 19~.Q by and between ~ i Lillian S. Cahow , !1 Single Adult (hereinattercalled Mortgagor) and Sun Bank of St. Lucie COUrity ~ ,having an ~ otticeat 111 Orange Avenue, Fort Pierce, ;Florida (hereinattercalled Mortgagee); WITNE.R3Ir'I'H. that in consideration of the premises and in order to secure the payrrrrrrt vt both the principal ot, and i interest and any other sums payable on the note (as hereinafter defined) or this Mortgage and the per[ormance and ob- servance of all of the provisions hereof and of said note, Mortgagor hereby grants, sells, warrants, aliens, remises, releases, rnnveys, assigns. tratuten, mortgages and eats over and confirms unto Mort ages, all o[ Mortgagor s estate. right, title and i interest in. to and under all that certain real property situate in S t . ~t1C i e County. Florida more particularly described as follows: Lot 13, Block 2, HIBISCUS PARK SUBDIVISION, as per plat thereof, on file fn Plat Book 8, Page 43, of the ! Public Records of St. Lucie County, Florida. RlkS1f:L? _ x/0.1 111 t'Jt"'!':`IT OF TAXES : )5 t:;i:: t C. i3 t .'L. f'. _:it'~ F"J~fdTtr - ~ : ~t..r ~ ''j r'' ft'".,',.:.:ii TG 77-.. l;1S Oi WII. r ~ = i . _ : CLERK gR:.ll:T CRBaT~ ST. ltl~tE COi, FLA.~m~ - , ~ - - ~ = . , - ~ . TOGETHER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replacement thereof (other than those owned by lessees of said real property) now or hereafter affixed to, attached to, placed upon, or ; used in any way in connection with the complete and comfortable use, occupancy, or operation of said real property, all licenses and permits used or required in connection with the use of said real property, all leases of said real property now or hereafter entered into and all right, title and interest of Mortgagor thereunder, including without limitation, cash or securi- ties deposited thereunder pursuant to said leases, and alt rents, issues, proceeds, and profits accruing from said real property and together with all pmceeda ~of the rnnversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said real property, tangible and intangible personal property hereinafter referred to as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible persona) property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditaments and f appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereof and all the estate, right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and demand whatsoever, as well in law as in equity, of Mortgagor and unto the same, and every part thereof, with the appurtenances of Mortgagor in and to the same, and every part and panel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indeteasihle tee estate in the Mortgaged Property subject to no lien, charge or encumbrance except such as ;?iortgagee has agreed to accept in writing and 111artgagor covenants that this Mortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Property subject only to the exceptions herein provided. Mortgagor has Lull power and lawful authority to mortgage the Mortgaged Property in the i i manner and Corm herein done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant ` and defend the sajme to Mortgagee and will forever warrant and defend the validity and priority of the lien hereof against ~ the claims of all persons and parties whomsoever. _ Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurnnces as Mortgagee shall from time to time require in order to preserve the priority of the lien of this Mortgage or to facilitate the performance of the terms hereof. PROVIDED, HOWEVER, that if Mortgagor shall Irry to Mortgagee the indebtedness in the principal sum of 3 20,070.29 as evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all other sums advanced by Mortgagee to or on hehal[ of Mortgagor pursuant to the Note or this Mortgage, the final maturity i date of the Note and this Mortgage being Augt1S t 2 5 , 2 000 ,and shall perform all other covenants and ' conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set forth Cully here- in, and of any renewal, extension or modification, thereof and of this Mortgage, then this Mortgage and the estate hereby ~•reated shall cease and terminate. 1ltorigagor further convenants and agrees with Mortgagee srs follows: 1. To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, a:tension ; or 'modification thereof and in this Mortgage, all such sums to be payable in lawful money of the United States ot_ America at Mortgagee a aforesaid principal office, or at such other place as Mortgagee miry designate in writing. 2. To pay when due, and without. requiring any notice from Mortgagee. all taxes, assessments of any type or nature :rnd other charges levied or assessed against the Mortgaged Property or this Mortgage and produce receipts therefor upon , demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be or become superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge 's against the Mortgaged Property. 3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest hearing account, to- - getherwith and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments which may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such tares, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall he used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such THIS INSTRUMEM p~pAREO SY, Sun B n!c of St. Lucie Count _ 1 _ ~ c~ FOR s'~F~t~E. FLORIDA 112 SOUTN SaC~NO STREET