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HomeMy WebLinkAbout0396 498681 3 / 1 MORTGAGE DEED AND 3ECURITIf AGR EMENT - / THIS MORTGAGE DEED (tbe Mortgage), dated as of September 4 • ~ 18 80, by and between p 9 h STANLEY D080SZ_and DIANNS DOBOSZ, his Wife 7 (hereir?atter called Mortgagor) and SUN BANK OF ST. LUCIE COUNTY ,having an office at 111 Orange Avenue, Fort Pierce, ,Florida (hereinafter called Mortgagee); WITN8S8ETH, that in consideration of the premises and in order to secure the payment of both the principal ot, and i interest and any older sums payable on the note (as hereinafter defined) or this Mortgage and the performance and ob- servance of all of the. provisions hereof and of said note, Mortgagor hereby grants, sells, warrants, aliens, remises. releases. conveys, assigns, trerusfen, mortgages and sets over and confirms unto Mortgages. all of Mortgagor s estate, right, title and interest in, to and under all that certain real property situate in ; t . Lucie ~ County, Florida more particularly described as toUows: Lot 3, Block 479, PORT ST. LUCIE SECTION TFIENT7f SIX, according to the plat thereof, as recorded in Plat Book 14, pages 4 and 4A through 4C, of the Public Records of St. Lucie County, Florida. ' ~ - , - - . ' - - - - ~ Recelvsd t /O ly ' ~D In PayttMrtt Of That ' ~ ~ _ - ~ . ~ ; ~ DtN On Class "C" Intarptble Penonslgroprly, - ~ . _ . _ _ t PwsuarM To Chapter 71. 134. Aab O~ ~ 6171. _ , _ 1 Q ROGER POITRAS • - _ ; Zlerk Circuit Court. St. Lucie. CO., Fir. TOGETHER WITH all improvements now or hereafter located on said real property and all tizturea, appliances, apparatus, equipment, heating and air rnnditioning equipment, machinery and articles of personal properly 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 rnnnection with the complete and rnmfortable 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 all rents, issues, proceeds, and pro[its accruing from said real property and together wild all proceeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the [oregoing said real property, tangible and intangibly personal property hereina[ter referred to as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a security interest in the foregoing described tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenemeilta, hereditamenta and 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 parcel thereof unto Mortgagee. i Mortgagor warrants that it liar a good and marketable title to an indefeasible fee estate in the Mortgaged Property subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and Mortgagor covenants that this Mortgage is and will remain a valid and enforceable first mortgage on the Mortgaged Property subject only to the l• ~ ezceptiona herein provided_ Mortgagor has full power and lawful authgrity to mortgage the Mortgaged Property in the ` manner and form herein done or intended hereafter to be done. Mortgagor will preserve such title and will forever warrant and defend the same 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. f Mortgagor will, at the cost of Mortgagor, and without expense to Mortgagee, do, execute, acknowledge and deliver all !I and every such further acts, deeds, rnnveyances, mortgages, assignments, notices of assignment, transfers and assurances as t 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. - i PROVIDED, HOWEVER, that it Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of s = S3, 300.00 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 soma advanced by Mortgagee to or on behalf of Mortgagor pursuant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage being SPptP~!'-*' 4, ? 9gl ,and shall perform all other cov~nanta and conditions of the Note, all of the terms of which Note are incorporated herein by reference as though set forth fully here- in, and of any renewal, extension or modification, thereof and of .this Mortgage, then this Mortgage and the estate herehy created shall cease and terminate. Mortgagor further rnnvenants and agrees with Mortgagee as follows: 1. To pay all sums, including interest secured hereby when due, as provided for in the Note and any renewal, extension a or modification thereof and in-this Mortgage, all such sums to be payable in lawful money of the United States of America at Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing. 2. To pay when due, and without. requiring any notice from Mortgagee, all fazes, assessments of any type or nature t and 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 _ 1 against the Mortgaged Property. 3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest bearing account, to- gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly to:ea and assessments which i may be levied against the Mortgaged Property, and (if ao required) one•twelfth of the yearly premiums foe insurance thereon. The amount of such to:es, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such c _l. a ~ i E ~ , (I!~~p 6t1t11(•.k3U PAGE _