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Home My WebLink About1256. • . ~~ ~"'.~ SU95'70 ~ ~~~ ~ ~~ MORTGAGE DEED AND SECURITY AGREEMENT THIS MORTGAGCz DEED (the Mortgage), dated as oI ~~~ S 18 80, by and between DONALD W. RYAN ~ ~ banking coxporatit~n Ihereinatter called Mortgagor) and SUN BANK OF ST. LUCIE COUNTY, a Florida,/ ,having an office at 111 Orange AVenue, Fort Pleroe ,Florida Ihereinufter culled Mortgagee); WITNESSETH. that in consideration of the premises and in order to secure the payment of both the principal of, and interest and any other sums payable on the note las hereinafter delined) 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, rnmeys, assigns, transfers, mortgages and sets over and confirms unto Mortgagee, all of Mortgagor's estate, right, title and interest in, to and under all that certain real property situate in St. LuCle County, Florida more txirtieularly described as follows: Begin at the South 1/4 corner of Section 28, Township 34 South, Range 40 East, run thence North along the 1/4 Section line 363.9 feet to a point; thence run East 120.4 feet for Point of Beginning; from the Point of Beginning, run North- westerly along the East right of way line of State Road No. 4, 126.9 feet, thence North 80°41' East, 539.3 feet; thence South 208.3 feet, thence West 484.0 feet to the Point of Beginning. - LESS AND EXCEPTING THEREFROM right-of-way for public roads. ~~ - Mortgagor certifies that the aboMe described real property is not his ht7tne- ~, .~ stead and that he resides in Hantnrlyville, ZbwnshP.nd, Vernrxlt. << . TOGETHER WITH all improvements now or hereafter located on said real properly and all fixtures, applianiY•s, :rplmratus, equipment, heating and air conditioning 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 connection with the complete and comfortable use, occuWrncy, or operation of said real property, :~l1 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, :ind all rents, issues, lnrxreds, and Irrotits accruing from said real t~roj~erly and together with all proceeds of the conversion, voluntary or involuntary of any of the foregoing into c:ssh or liquidated claims, including without limitation, proceeds of insurance and condemnation awards (the foregoing said real property, tangible and intangible personal prol~eriy hereinafter referred tors 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 Prot~erty, together with all and singular the tenements, hereditaments :end appurtenances thereunto belonging or in anywise apt~eriaining 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 :end unto the same, srnd every part thereof, with the :appurtenances of Mortgagor in and to the same, and every part and parcel thereof unto Morigagee- Mortgagor warrants that it has a good and marketable title to an indefeasible tee estate in the Mortgaged Prof-erly subject to no lien, charge or encumbrance except surh as Mortgagee has agreed to accept in writing and Mortgagor rnvenants that this Mortgage is and will remain a valid and enforceable first mortg:~ge on the Mortgaged Prot~eriy subject only to the exceptions herein provided. Mortgagor has full twwer and lawful authority to morig:rge the Mortgaged Property in the manner and form herein done or intended hereafter to be done. Mortgagor will (reserve such title and will forever warrant :rod defend the same to Mortgagee and will forever warrnnt and defend the validity and priority of the lien hereof :rg:~inst the claims of all persons and parties whomwever. Mortgagor will, at the cost of Mortgagor, and without ezpense to Mortgagee, do, a:ecute, acknowledge and deliver all :ind every such further acts, deeds, conveyances, mortgages, assignments, notices of assignment, transfers and assurances as Mortgagee shall from time to lime require in order to preserve the priority of the lien of this Mortgage or to facilitate the nertormance of the terms hereof. - PROVIDED, HOWEVER, that if Mortgagor shall tH~y to Mortgagee the indebtedness in the principal sum of E 30,~~0-~~ as evidenced by that certain promissory note Ithe Note), of even date herewith, executed t:y I~iorigagor and payal-le to order of Mortgagee, with interest and upon the terms :+.t I~rovided therein, and together with all other sums advanced by Mortgagee to or on behalf o[ Mortgagor pursuant to the Note or this Mortgage, the final maturity date of the Note and this Mortgage being Janua>:Y 1, `JJ9911 ,and shall perform all other covenants and conditions of the Note, all of the terms of which Note :rre incorporated herein by reference as though set forth fully here- in, and of any renewal, eztension or modification, thereof :end of this Morig:rge, then this Mortgage and the estate hereby created shall cease and terminate. Mortgagor further convenants 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 Mortgage, all such sums to be payable in lawful money of the United States of Amerir.~ at Mortgagee's aforesaid principal office, or at such other place as Mortgagee miry designate in writing. 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any tyt>e or nature and other charges levied or :~asessed against the Mortgaged Property or this Aiorigage 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 delwsits 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 taxes and assessments which may be levied against the Mortgaged Property, and lit so required) one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, :isseasments and premiums, when unknow•r, shall be estimated by Mortgagee. Such deposits shall he used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency of surh Reuivod • ~ M ~m Of TtItItN _ _--_. Dui On Ctt~ "'C" Ntfitt~l~'grsoiM~hMM1K. _1_ init tr:s!:..r'e: t gas pre~rtd D~ PtlrWSfta TO Cr~1f~ ~t ~~ AID a ti~~ r . t r. .110oY1 -~~c Ggrk CirmtR Owtt !t ~+r11~ Ca, !'~ -- >:~ - ;: ~: ~~~ i .... l:,,y~ Ia ` fart i'~cr-e, F~cri~tt