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HomeMy WebLinkAbout0308 SU'~325 FIRST nAT10~1A1. BASK ~ FLORIDA MORTGAGE AND SECURI AGRENT THIS MORTGAGE AND SECURITY AGREEMENT made this y of 19~, by and between SWAIN GROVES, INC. "GUARANTOR`' the Mortgagor, hereinafter called '~@p4bi.BK", arni the FIRST NATIONAL BANK OF FLORIDA, a national banking association, having its principal place of busin:ss in the City of Tampa, Hillsborough County, Florida, the Mortgagee, hereinafter called "LENDER". WITNESSETH THA'T': CITRUS CHEMICAL COMPANY, INC. and SWAIN ENTERPRISES, INC. are WHEREAS. ~I~YCfs indebted to LENDER in the principal sum of - ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 ($1 500 000.00) ~~pp C C C ANY, INC. an SWAIN ENTERPRISES, IPTC.I's RS which indebtedness is evidenced by promissory note of even date herewith (herein called Note°), rn said principal amount, payable to LENDER, which note contains provisions for payment of coats of collection, including attorney's fees, in the event of default, waives presentment for payment, notice of non-payment, protest and notice a~f protest. and consents to the extension from time to time of the time of payment without notice. and provides for the payment, if not sooner paid, on or before and the terms of which are hereby incorporated by reference and made a part hereof. NOW, THEREFORE. BORROWER, in order to secure to LENDER the repayment of the indebtedness evidenced by the note, with interest therron, the payment of all other sums, with interest tbrreon. advanced rn accordance herewith, and the performance of the covenants and agreements of BORROWER contained herein. does hereby grant, bargain, sell. transfer. assign. convey and confirm and mortgage unto LENDER the property located in ST. LUCIE COUNTY County. Florida. described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. .1 ` _ ~ WHEREVER THE WORD "BORROWER" IS USED HEREIN IT SHALL BE READ AS "GUARANTOR" , THIS MORTGAGE IS SECURITY FOR A GUARANTY OF REPAYMENT. I'~ ~ ~ ~ S ~o~~ , ~ - ~ 'i t ~ t+,:v~•.~. s j~^ ' inPaymeml/a~~T~ ° - Due On Class "C" mtarpibh Persorwl ltitopN'Ir. Pursuant To Chapter 71. 134, Aess W 1~l1. E Nrepared by: ~ ~A~ LAWRENCE J . 0' NEIL, ESQ . Cletk Citwk Corte ~ tsl>d~ ~ ~ Macfarlane, Ferguson, Allison S Kelly, 2910 First Florida Tower, • Tampa, Florida 33602 ; DOCUMENTARY STAMPS . ~ fi t ~ ' ` ~ ~ AFFIXED ~ HERETO ~ together with all huildings, structures and other improvrmerts and all fixtures now on said land or that may hereafter be erected or placed thereon. including but not limited to, all heating, lighting. plumbing, electrical, ventilating, refrigerating, air conditioning, sprint- Img, water and power systems, appliances and fixtures; all elevators, motors and machinery; all windows, doors, screens, awnings, tubs. } ~ Sinks, toilets, refrigerators, water heaters, ranges and garbage disposal t:nits; also together with all mineral, oil and gas rights; also ! together with all shrubbery and trees now growing or that hereafter may be planted or grown thereon; and also together with all crops anJ/or produce of any kind now growing or that may be hereafter growing, grown or praluced upon said land or any part thereof; Alin together with all and singular the' ways, easements, riparian and outer rights, snd all tenements, hereditaments, and appur- tenances thereunto belonging or in anywise appertaining, including but not limited to all rights in any abutting public or private SlretLt and attest snd in any submerged lands adjacent thereto; RURRO~VER herrhy grants to LENDER a security interest in any and all personal prttpetty snd fixtures described herein or in any rider. eshihit, shcdulc or attachment hereto; ~ BORROWER covenants and agrees to promptly execute and deliver financing statements and such other documents ac may be reyursted by LENDER in order to further evidence and perfect any security interest granted by this instrument; Y 5 TO HAVE AND TO HOLD the above described property ttn?o LENDER, its successors and assigns. forever; , PROVIDED ALWAYS, tbat upon full payment of the note secured hereby plus all accrued interest, or extensions or renewals ~ thereo:, in whole or in part, and payment of all other indebtedness or liability that may become -due or owing hereunder and secured hereby, and BORROWER faithfully and promptly having complied with and performed each and every other covenznt and provision herein to be complied with and performed by the BORROWER, then these presents shall be void. BORROWER does hereby covenant and agree with LENDf.R as follows: 1. TITLE That BORROWER is indefeasibly seized with the absolute fee simple title to said property; that BORROWER has full power and lawful authority to sell, convey, assign, transfer and mortgage the same; that it shall be lawful for LENDER at any tune hereafter peaceably and quietly to enter upon, have, bold and enjoy said property and every part thereof; that said property is free i and discharged from all liens, encumbrances and claims of every kind. including all taxes and assessments; except current taxes not due and payable. n ec~~ ~p 8t10K 3~J P~GE