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!G, ov MORTGAGE DEED AND SECURITY AGREEMENT '~U~-+~~',
THIS MORTGAGE DEED (the Mortgage), dated a. of - Sept. 24, ~ Ig80 ~ by and between
Daniel A. Darling
(hereinafter called Mortgagor) and Sufi Bai1jC Of St• Lucie County ,having an
office at 111 Orange Avenue Ft. Pierce .Florida (hereinafter called Morigugee);
WITNE33ETH, that in consideration of the premises and in order to secure the payment of troth the principal of, and
interest and any other sums payable on the note (as hereinafter detined? or Chia Mortgage sad the performance and ob-
servance of alt of the provisions hereol and of said note. Mortgagor hereby grants, sells, warrants, aliens. remises, releases,
conveys, assigns, trarufen, mortgages and sets over and contirrru unto Mortgagee, all of Mortgagor
a estate, right, title and
interest in, to end under all that certain real property situate in St. Lucie County. Florida more particularly
described as follows; .All that part of the N'~ of the SEIt of the SEA of,Section 33, _ Township 34
South, Range 40 East, less the south 100 feet thereof, lying between Old U.S. Highway No.l
and present U.S._Highway No.l, St. Lucie County Florida, more particularly descirbed as
follows: Cotamencing at the southwest corner of the NWIt of the SEA of the SEA of-Section
33, Township 34 South, Range 40 East St. Lucie County Florida, run thence South 89 Degrees
18 minutes East, along the-South line of said NNE, 881.7 feet to the west right of way line
of Present U.S. Highway no. 1, thence North 26 degrees 58 minutes West along the West right]
of way line of present U.S. Highway No.l, 112.9 feet to the Point of Beginning of the tract;
herein described: From said point of beginning rtui North 89 degrees 18 minutes West, 188.6`
\ feet to the east right of way line of Old U.S. Highway-No 1, thence North 0 degrees 13
minutes East; along the east right of way line of Old U.S. Highway Nol, 43.1 feet to a
Point of Curvature; thence on a 2 degree S7 minute curve concave to the west, run along the
~ east right of way-line of Old U.S. Highway No. 1 419.Ofeet to a point of intersection with
the west right of way line of present U.S. Highway No.l, thence South 26 degrees 58 Minutes
East, along the west right of way line of present U.S.Highway No.1, 516.3 feet, to the
Point of Beginning. For Continuation of Legal Description see attached Exhibit "A:'
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 (hereunder pursuant to said leases, and all rents, issues, proceeds, and profits accruing from said real property
and together with all proceeds of the conversion, voluntary or involuntary of any of the foregoing into cash or liquidated
claims, including without limitation, proceeds et insurance and rnndemnation 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 personal property.
• TO HAVE AND TO HOLD the Mortgaged Property, together with all and singular the tenements, hereditamenls and
appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions thereof and all the estate,
right, title, interest, homestead, dower and tight of dower, separate estate, poaseasion, 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 INorigagor in
and to the same, and every part and parcel thereof unto Mortgagee.
6ortgagor warrants that it has a good and marketable title to an indefeasible tee estate in the Mortgaged Prot?erty
subject to no lien, charge or encumbrance except such as Mortgagee has agreed to accept in writing and bortgagor 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 full power and lawful authority 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 name to Mortgagee and will forever warrnnt 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, tranafera 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
t~erformance of the terms hereof. -
PROVIDED, HOWEVER, that if Mortgagor shall fray to Mortgagee the indebtedness in the principal sum of
s 125~000_(I(1 as evidenced by that certain prouusaory 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 a!1 j
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 Shpt. 24th 1985 ,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 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 conennanta 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 in this Mort age, all such soma to he ` ~
g 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 !axes, assessments of any type or nature _
and other charges levied or asseaeed 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 -
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 o[ the yearly ta:ea and assessments which
may be levied against the Mortgaged Property, and (if so required) one-twelfth of the yearly premiums for insurance
thereon. The amount of such taxes, aseessments 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
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