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HomeMy WebLinkAbout1941 5134~8 MORTGAGE DEED AND SECURITY AGREEMENT THlS NORTGAGE DEED (the Mottaaae), dated as of `7~~~ ~,~ , 19 81 , by and betwoen `7~~ ~T~ ~i~~~ (hereinaftec callod Mortgagor and SUN B~1~TIC OF ST• I~IE ~A~TM~ a Florida ba~nking oarporation, , havir~g an offiae at 111 ~r''irK~t- AV~311t12 •~QY't P1EYC.`e, FlOrlC3d 3~5~ (hereinaRer called Mortgagee); Wrl'NESSETH. tdat ia cormderation of the pnmises and in order to socure the payment of both the principal of, and interest and any other wms payabie on the note (as heninatter definod) or this Mortg;ge and the performance and ~bserrance of aU of ihe provisions hereof and of said aote. ~loitaaaor hereby arants. selli, wunnts, coaveys, usigns, transfers, mortaages and sets orer and confirms unto Mortgagee. all oi Mortgagoi s estate. right. tiUe aad intcnst in, to and under all that certain real property sitwte in St. Ll]Cle County, f~lorida, more puticululy descdbed u toUorvs: , Lot 9, I~~]fn~OD OFFTCE PAISC, t~IIT ~lE, as per plat ther~f reoordeci in Plat Book 18, Page 11 of the Public R~orc3s of St. Lucie Oounty, Florida. R~Ci:~ED s o2 gStiO d IN PA~•'!=MT OF TAXE= i::: 0:1 CL~•~i 'C' 1:'T9.:'~ ~~.~ P_~ ~~`:'l P.°-'JPERTY, Ml}:.~:+:.liT i0 6FG~'T'_~t 71-:.+, !_ZS Cf i971. {::i.:.:i P.li..ti ~. CL:FK G.:~U~T CLi~31. ST. W.,:E C0, Ft~~} , : . _„ _- ~ :, - w ~ ~. e J - ._ _-,t ~~~ -- _ ~_ _ - --------- ~ ~3 ~ ~) ~ ~~ i TOGETHER WITH all improveaxnts now or hereatter located on said rcal property and all Cuctura, appliances, appantus, equipment, fumishings, heatina and air conditioaing oquipmeat, machinery and utides of personal property and replacement thereof (other than those owncd by lessees of said real property) now or be~taRer a[fixed to. attached to. plaoed upon, ot usod in wy way in connection with the compkte and oomfortabk use. occupaacy, or opention ot the said ral ptoperty, all ticenses and permits usod or required in connectioa with the use of said real property, ail leases oC said real property now or hereafter entered into and all right, titk and interest of Mo~tgagor thereunder, inctuding without limitatan, cuh or securities deposited thereunder pursuant to said leases, and a!1 rcnts, iuues, proceeds, and profits accruing froms~id real property and together with all prooeeds of the conrersion, voluntuy or invotuntary of any of the for~going into cuh or liquidated claims, indud- ina witlwut limitation, prooeeds of insuranoe and condemnatiort awards (the foregoing said real property, tangibk and inung~ble personal property heroinafter refetred to collectively u the Mortgagod Property). Mortgagor hereby grants to Mortgagce a serurity interest in the foregoing described tangibk and intaappbk {+etsonal property. TO HAVE AND TO HOLD the Mortgaged Property, together with all and singulu the tenements, hemditaments and appurtenances thero unto belonging or in aaywise appertaining aad the reversion and rerersions thereoC and all the estate, right, titk, interest, homestead, dower and riaht of dower, separate esUte, possession, claim and demand whatsoevet, u well in !aw as in equity, of Mortgagor and unto the same, and every put thercof, with the appurunances of Mortgagor in and to the same, and every part and parcel thereof unto Mortgagce_ Mortgagor warrants that Mortgagor hu a good and marketabk titk to an indefeasibk fee estate in the real peopeny comprising the Atort- gaged Property subject to no lien, charge or encumbrance except such u Mortgagee has agreod to accept in writing and No~tgagor covenants that this Mortgage it and will remain a valid and enforceabk mortgage on the Mortgagod Property subject only to the exceptions herein provided. Mortgagot has Cull power and lawful authority to mortgage tl~e Nortgsged Property in the manner and form herein done or intended hereafter to be done. Moctgagot wiU pteserve such titk and will forever wattant and defend the same to bfortgagee and wiU forever warrant and defend the validity and priority of the Gen hereof against the claims of all persons and puties whomv*ever. Mortgagor will, at the cost of Mortgagot, and without expense to Morigagce, do, execute, acknowledge and deGver a0 and every such further acts, deods, conveyances, mortgages, assignments, notices of assignmrnt, tnnsfers and usurances u Mortgagee shall from time to time require in orde[ to pnserre the priority of the lien of thu Mortgage or to facilitate the pe-formance of the terms hereof. PROVIDED, HOWEVER, that if Mortgagor shall pay to Mortgagee the indebtedness in the principal sum of s~4 2. S~. QQ u evidenced by that certain promissory note (the Note), of even date herewith, executed by Mortgagor and payable to order of Nortgagce, w~ith interest and upon the tenns u provided thcain, and together with all other sums. advanced by Mortgagee to or on behalf of Mortgagor Pursuant to the Note ot this Mortgage, the final maturity date of the Note and this Mortgage being AIX~t]St 1, 1991 and shaU perform aU other covenants and conditions of the Note, all of the terms of which Note ~re incarpoiated herein by reference as though set forth fully hercin, and of any renewal, exteasion or modification, thercoC and of this Muetgage, then this Mortgage and the estate hereby rreated stull cease and terminate. ' Mottgagor furthet covenants and a~rees with Nottgagee u follow-s: e - 1. To pay all sutns, including intetect secured hereby when due, as prorided for in the Note and any trnewal, extension or modification thereo( and in this !Nortgage, aU such sums ~o be payabk in lawful money of the United States of America at Mortgagee's. atoresaid principal office, or at such~other p~cs u Mortgagee may designate in writing. 2. To qy when due, and withoul requiring any notice from Mortgagee, all taxes, a-sessment~ of any type or nature and other chargcs kvied ot assessed against the Mottgaged Property or this Mortgage and ptoduoe receipts therefor upon demand. 7o immediately pay and dis- charge any claim, lien or encumbrance against the Morfgaged Property w•hir.h may be or become superior to ihis Mongage and to permit no default or delinquency on any other lien, encumbranoe or charge against the Mortgaged Property. 3. If requited by Mortgagee, to also make monthly deposits with Mortgagee, in a noo-interest bearing acoount, togethet with and in addi- tion to interest and principal, of a wm equal to on~twelfth of the yeuly taxes and assessments which may be levied aqainst the Mortg~ged Prop- erty, and (if so requ'ued) onrtweifth of the yeuly premiums for insurance thereon. 7'he amount of such taxes, assessments and premiums, when unknown, sha11 be estimated by Mortgagea Such aeposits shall be used by Mortgagce to pay such tues, usesaments u~d premiums when due. Any insuff'~ciency of such xcount to pay such chuges when due shall be paid by Mortgagor to Mortgagee•on demand. 1(, by reason of any default by Mortgagot under any prorision of thss Mortgage, Mortgagee declues all wms secured hereby to be due and payable, Mortgagee may then appiy any funds in said account against the rntire indebtedneu secured hereby. The entorceability d tfx covenar-ts relating to taxes, usessments and insutana premiums herein otherwise prorided shap not be affected except insolar as those obligations have been met by compliance with this puaanph_ Mort6agee may from time to time at its option waire, and after any such waiver reir~state, any or atl provisions hereof requiring such deposits, by notice to Mortgagor in writing. Whik ~ny wch waiver is in effec~ Mortgagot shall pay taues, assessments and insuranve ptemiums u herein elsewhete ptovided. , 11@~ t~ttmmeat tAr~'s prep~~ M Ro~ert 1.1. L{cYd ot Mfltt GG'~ =": ?_: ~ ;.!~S L l'-0'~' a~~~-ooo-s gGJX •.1~~ PN~ti 1937 -~- ~ iZ~-~ s:o. T.:~ Stnct Fort Pfau, fleriM