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HomeMy WebLinkAbout0819 SU ! aS39 1~ •r • ~ . • . ~ - t I ~1 MORTGAGE DEED AND SECURITY AGREEMENT 'PHIS MO1tTGAGE DEED Ithe Mortgage), dated as of November 14 • 1y8~ , by and Iretwcen Jeremiah Cooper and Mary Cooper, his wife, Ihereinufter c:rlletl Mortgagor) and Sun Bank Of St. Lucie County • havuig office at P.O. BoX 8, Ft. Plerce ,Florida then•inaher called Alortg:rgce): WITNI:S.SETH, that in coneiderirtion of the premises and in order to secure the Ixryment of both the prinei),:d of, and interest and any other sumo payable on the note (aa hereinafter defined) or this MoNgage and the performan+•e and ob- servance of all of the provisions hereof and of said note, Mortgagor'herehy R•anta, sells, warnrnta, aliens, remises, releases, conveys, assigns, transfers, mortgagee and sets over and confirms unto Morlg:rgee, all of Mortgagor's eslute, right, title :rnd interest in, to and under all that certain real prol,erty situate in St. LuCle County, Florida more particularly described as foIIOWS: Lots 9 and 10, Block 36, S[INLAND GARDENS, PLAT #2, according to the Plat thereof as recorded in Plat Book 9, Page 54 of the Public Records of St. Lucie County, Florida. THIS IS A FIRST MORTGAGE. Received ~ ~ ~ to PalrtEtent Ot Truces - Duo On Class "C" intangible Ptta»pttpl Ptroptarty. ` Pursuant To Chapter 71,194, As1r W 19*I1. I - ROGER PORRAS l . • ~ ~ fi ~ ~ Cterk Cireuk Court, 9t LAIOi~ !M. ~ ` • u - - - TO(;I•;THER WITH all improvements now or hereafter located on said real property and all fixtures, appliances, :rpt,:rr:rtus, equipment, heating and air conditioning equipment, machinery :rnd :rrlicles of personal Iroperty and re),I:rcement thereof lother than those owned by lessees of said real property) now or hereafter affixed to, attached to, placed upon, or used in any way in rnnncc•tion with the complete and comfortable use, occu),:rncy, or operation of said real property, all limnses and permits used or required in connection with the use of said real pro)erty, all leases of said real pro),erly now or hereafter entered into and all right, title and interest of Mortgagor thereunder, including without limitation, cash or securi- ties de),osited thereunder pursuant to said leases, and all rents, issues, proceeds. and profits accruing from said real pro;,erty 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 of insurance and condemnation awards (the foregoing said real property, tangible and intangible teersonal pro)erty hereinafter referred to as the Mortgaged Pro)erty)- Mortgagor hereby grants to Mortgagee a security interest in the foregoing desc•ril,ed tangible and intangible ),ersonai pro{,erty- TO HAVE AND TO HOLD the Mortgaged Properly, together with all and singular the tenements, hereditaments 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, se•),arde estate, possession, claim and demand whatsoever, as well in !aw 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 hart and l,:rn•el thereof unto MorIK:+Rc'e- ~ Mortgagor warrants that it has a g«,d and marketable title to an indefeasible fee' estate in the' Mortgaged Prcpx•Ny subject to no lien, charge or encumbrance except such as Mortgagee has agnc•d to accept in writing and Mortgagor covenants that this 1~lorlgage is and will remain a valid :rnd entonrable first mortgage on the Mortgaged Property subject only to the excretions herein provided. Mortgagor has full )waver and lawful authority to mortgage the Mortgaged Yrot+erty 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 Iilorigagee and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and ),:rrties whomsoever. s Mortgagor wilt, at the cost of Mortgagor, and without expense to hlortgagee, do, exec•ule, acknowledge :rnd deliver all :+nd every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers tired :rssurrnces as Mortgagee shall from time to time inquire in order to preserve the priority of the lien of this Mortgage or to facilitate the eerformance of the terms hereof. PROVIDED, HOWEVER, that it Mortgagor shall ),:ry to Mortgagee the indebteduesg in the princi),:rl sum of S 4.087.84 as evidenced by that certain promissory note Ithe Note), of even date herewith, executed by Mortgagor and payable to order of Mortgagee, with interest and u{wn the terms as provided therein, and together with all other sums advanced by Mortgagee to or on behalf n( Mortgagor pursuant to the Note or this Mortgage, the (final maturity' date of the Note and this Mortgage teeing November 14, 1985 ,and shall perform all other covenants and cun~litions of the Note, all of the terms of w'hic'h Note are inc•or)x,rated herein by refemnce as though scat forth fully here- in, and of any renewal, extension-or modification, thereof and of this Mortg:rge,_then this 1lortgaRe and the estate hereby created shall cease' and terminate. ' Mortgagor further c•onvenants and agrees with Mortgagee :rs follaws: 1. To p:ry all sums, including interest secured hereby when due, as provided for in the Nute and any renewal, extension or mcxlification thereof and ,n this Mortgage, all such Sums to be payable in lawful money of the United States of America :+t Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing. i 'l. To pay when clue, 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 utwn ~ demand. 'To immrdrately pay and discharge any claim, lien or encumbrance against the Aortgaged Pro)erty which may he or t,c•c•ome su),erior to this Mortgage and to ),errnil no default or delinquency on any other lien, encumbrance or charge against the Mortgaged Properly. 3. If reyuired by Mortgagor, to also rrr:rke monthly detwsits with Mortgagee, in anon-interest I+earing account, to- gurher with and in addition to interest and pnnci),al, of a sum equal to one-twelfth of the yearly taxes and assessments which may he levied against the Mortgaged Pro)erty, and lit so required) one-twelfth of the yearly premiums for insurance thereon. 'the amount of such lazes, assessments and premiums, when unknown, shall be estimated by Mortgagee. Such ~ de)wsits shall I,e ugecl by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of such iIHIS INSTRUI.tFt~T PREt'AkEO tiY Sun t3~n~ f ~t. L~;.ie Cot:e~ty gy . _ M. 8. Freeman 11: SCU;N ai:CONt) STREE•~ ~ ~ - _ -