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HomeMy WebLinkAbout1637.~.a .?~~Cf~~ MORTGAGE DEED AND SECURITY AGREEMENT THIS MOR1'GAGCs DE~D (the M rtgage), dated ns ot D_cemh _r S 19~OhY t~nd hetween 6t~t~a~bv~~c ~ Donald Golden and Audrey Golden (hereinafter culled Mortgagor) and ~Sllll Bank ~ N. A. 4`~ , having an otr~,~~ Orlando , Floridn (hereinatter ~•alled Mortga~geel: WITNESSETH, that in consideratio~ o( the premises and in order to aecu[e 1he payment o( both the principa! ot, and interest and any other sums payable on the note (aa hereinAtter deti~ed) or this 111ortgage and the perfo~mance and ob- servance ot all o[ tl~e proviaiona hereot aad ot said note, MortgHgor hereby granta, aelis, wa~~anta, aliens, remisea. releuaes, conveys, assig~s, tra~s(ers, mortgages and sets over and contirnu unto I~lortgugee, all ot Mortgtigoi a eatate~ riRht, litle and interest in, to and under all that certain real property situute in $ t. Lueie County, Florida more ~~rlicularly described as follows: Condominium Parcel No. 4263 at Ocean Village, Official Record"Book 338, Page 1033, Public Records of St. Lucie County, Florida. ' • P~_~D =_~~ o O iN PA:'!!:NT Of TA~Et [::. f'I C:-: i•C' !';T;.: r=' E Pit's~'.'.L P.^•O~ERTY~ 1 J. '_:.31i ?J ~ i:' T_: 71-• 3. t.:.TS Gf 1l71. F,;,:~7 F,Ii.A~ CLfRK q::.UT CLLKT. ST. LII:.fE CO., fUl.~~ ~ ~ J ~ ~ H ~ .~ ~ ~ : :, :-~ :~ ~ n ~ ~ ro M a ~+-~ O 'L7 ~ ~ ~ ~ O 'I'O('ETHER WITH all improvements now or hereatter located on said real properly and all tixtures, appliancc~, apparatus, equipment, heating and air conditioning equipment, macfiinery and articles of personal property and replacement thereof (other than those owned by lesaees of said real property) now or hereatter afti:ed to, attached to, placed upon, or used in any way in connection with the complete and comfortable use, occupancy, or operation ot said real property, all licenses and permits used o~ required in connection with the use of said real property, all leases of said rea! property now or hereafter entered into ~nd all right, litle and interest o( Mortgagor thereunder, including without limitation, cash or securi- ties deposited thereunder pursuant to said leases, and all rnnts, issues, proceeds, and profits accruing trom said real property and together with ali proceeds oi the conversion; voluntary or involuntary o( any of the foregoing into cash or liquidated claim.s, including without limitation, proceeds of insurance and condemnation awards (the toregoing said real properiy, tangible and intangible personal properly hereinafter referred to as the Mortgaged Property)_ Mortgagor hereby ~rants to Mortgagee a security interest in the forngoinR described tangible and intangiMe personal property. TO HAVE AND TO HOLD the Niortgaged Pro~~erty, together with all and singular the tenements, hereditaments and appurtenances thereunto belonginq or in anywise appertaining and the reve~sion and reversions thereof and all the estate, right, title, interest, homestead, dower and right ot dower, separate estale, possession, claim and demand whatsoever, as well in law as in equity, of Mortgagor nnd unto the s:~me, and every part thereot, wilh the appurlenances of Mortgagor in and to the same, and every part and parirl thereof unto Mortg:~gee. Mortgagor warrants that it has a good and m.~rketable title to an indefeasible (ee estate in the Mortgaged Property subject to no lien, charge or enetimbrance ezcept such as Mortgagee has aKreed to accept in writing and Morigagor covenants that this Mortgage is and will remain a valid and enforceable~mortgage on the Dlortgaged Property subject only !o the exceptions Herein provided. Mortgagor has tull ~x~wer and law u authority to mortgage the Morigaged Property in the manner :ind (orm hemin done or intended hereatter to be done. Mortg-agor will preserve such titie and will forever warrant and detend the same to Mortqagee and will fomver warnnt :~nd defend the validity and priority ot the lien hereo( against the claims ot all persons and parties whomsoever_ -~M v • r~ :-= z o0 J `M + ~ O • c~ q ~_ .^~~. ~~O r ~~na ~ .~ v ~J ~ M :~ ~ ~ Mortgagor will, at the cost of Mortgagor, and without e:pense to Aiorig:igee, do, e:ecute, acknowledge and deliver all and eeery such further acts, deeds, conveyances, mortgages, assiRnments, notices ot assignment, transters and assurancea as Mortgagee shali fmm time to time require in order to presen~e the priority ot the lien of this Mortgage or to tacililate the performance of the terms hereof. ~~. PROVIDED, HOWEVER, that if MoHgagor shall ~~:~y to Mortgagee the indebtedness in the principal sum of = 50 . 000 _ 00 ;~ evidenced by that certain promissory note (the Note), of even date herewith, e:ecuted by(`, [y .1 PL~DPP..L~16~d payable to order of Mortgagee, with interest and upon the terms as pmvided therein, and together with all ~j other sums advanced by Mortgagee to or on behal( of Mortg~Ror pursuant to the Note or this Mortgage, t6e tinal maturity date ot the Note and this Mortgage being , and shall pertorm all other covenanta and ~ronditions of the Note, all of the terms ot which Nole are incory~orated herein by re[erence aa though set (orth fully here- in, and of any mnewal, extension or m•xiiti~-ation, thereof :ind of fhis Mortgage, then this Mortgage and the estate hereby created shall rease and terminate_ Mortgagor further c~nvenants and .igreees with Mortgagee .~s (ollows: 1_ To pay all sums, including interesi secueed hemby when due, as provided (or in the Note and any renewal, e:tension or m«lification thereof and in this Mortgage, all such sums to be payable in lawful money of the United Statea o( America :~t 111ortgaqee's a[oresaid princis~al office, or at such other place as ~tortgagee may designate in writing. 2. To pay when due, and without requiring any notice from Mortgagee, all ta:ea, assesaments ot any type or nature and other charges levied or asses.qed against the 114ortgaged Pmperty or this Mortgage and produce receipte theretor upon demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be or hecome superior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or charge :~gainst the Morlgaged Property. 3. If required by Mortg:~gee, to also make monthly deposits with i4lortgagee, in a non-interest bearing account, to- gether with and in addition to interest and principal, of a sum equal to one-lweltth of the yearly ta:es and assessments which may t-e levied againat the Mortgaged Property, and (it r•o required) one-twel(th ot the yearly prnmiums (or insurance thereon. The amount ot such taxes, as.qessments and premiums, when unknown, shall be estimated by Mortgagee_ Such deposits shall F-e used by IliortRaRee to pay such taxes, assessments and premiums when due. Any insuf(iciency ot such -1- t;P, an~c~ r~~'Ei