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HomeMy WebLinkAbout0699 9- 500589~~. - ~ , i.~t ~1,i ~ i MORTGAGE DEED AND SECURITY AGREEMENT - ~ THI8 MOR'I`GA(IS DEED (tbe Mortgage), dated a. of September ;,~3 ~ 19 80, by and'yietween PATRICK B. LALLY and MICHAEL 3. BROWN (hereinafter called Mortgagor) and SUN BANR OF ST. LUCIE COUNTY ' ,having an office at 111 Orange Avenue, Fort Pierce ,Florida (hereinafter Palled Mortgagee); WITNSSSETH, that in consideration of the promises and in order to secure the payment of both the principal ot, and interest and any other sums payable on the note (as hereinafter defined) or thin Mortgage and the pedormanse and ob- servance of all of the provisions hereof and of said note. Mortgagor herby grants, sells, wamnts, aliens, remises, releases, f rnnveys, assigns, transfers, taiorigagea and sets over aad confirms unto Mortgagee, all of Mortgagor's estate, right, title and interest in, to and under all that certain real property situate in St. Lucie County, Florida more particularly described as follows: i i AS MORE PARTICULARLY DESCRIBED IN ATTACHED SCHEDULE "A" ° t RlC;:Y:Q s RSD.00 IN RS"""tT !'r T.`X*S 5p cuc ca c_~~:'c' ~~~r:...~...: r.., ~ ~ ~:EaTr, v _ 5TA'-r= J~ i L..C}~!~ j'~~ ~ F4:w.,:~tT TO .it:..:.. 71-..~1, d,aS GF 19/l. `i tiv~~)Mcl`lii~itl" - _ SiAIY~E'__~~ I ~EA>< piwUR CQU~T, ST. W.aE ~ ~ ~ _ DEi'I. OF REVEt~Ut ! TOGETHER WITH all improvements now or hereafter located on said real property and all ti:tures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and_articlea 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 conneMion with the complete and rnmfortabte use, occupancy, or operation of said rest property, all licenses and permits used or required in rnnnection 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 profits accruing from said real property and together with all proceeds o[ the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated claims. including without limitation, proceeds of insurance and rnndemnation awards (tlie 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 personal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditaments and appurienancea 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 aplnirtenancea of Mortgagor in and to the same, and every part and parcel thereof unto Mortgagee. Mortgagor warrants that it has a good and marketable title to an indefeasible tee 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 entorreable finrt mortgage on the Mortgaged Property subject only to the ~ exceptions herein provided.. Mortgagor has full power and lawful authority to mortgage the Mortgaged Property in the manner and torn 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. 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 assurances 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 pay to Mortgagee the indebtedness in the principal sum of _ = 125 ~ ~~0. 0~ as evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable fo order of Mortgagee, with interest and upon the terms as provided therein, and together with all other sums 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 Sent~er ~ ~i 1981 ,and shall perform all other covenants and conditions of the Note, all of the terms of which Note are inrnrporated 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 hereby created shall cease and terminate. Mortgagor further convenanta 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 or modification thereof and :n thin 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 taxes, assessments of any type or nature and other charges levied or assessed against the Mortgaged Property or this Mortgage and produce receipts therefor upon demand. To immediately pay and du~charge any claim, ben or encumbrance against the Mortgaged Property which may be i or become superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge against the Mortgaged Property. E 3. It required by Mortgagee,- to also make monthly deposits with Mortgagee, in anon-interest bearing account. to- i gether with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly to:es and assessments which ! may be levied against the Mortgaged Property, and (it ao required) one-twelfth of the yearly premiums (or insurance thereon. The amount of such taxes, 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 inautficiency of -such ~ Thb l::s!rvmeM xts QteptreA bl r., r_._.. .C ~ ~S fy1R~ ~ ~ ' Fort ~ettr, Florida ~ , .