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HomeMy WebLinkAbout2530i~- ~ ~ 515685 ~ MORTGAGE DEED AND 3ECURITY AGREEMENT ~ THlS MORTGAGE DE~D (the No~1p~a), dated as of `7~~~ L~ , 19 81 . by ud betwecn RONALD E. CRIDER~ a sinqle adult, and ROBERT A. ROBERTS, a single adult, : (nereinaae«auea~lort~a~orana SUN BANK OF ST. LUCIE COUNTY, a Florida banking corporation ,naving u~ o~;~,~ 111 Orange Avenue, Fort Pierce, Florida 33450 r ~hereinaftor called Morteaaee); WffNESSEI'H, tAat ia coasideration of the premi~es and in otdet to secuce the payment of both the p~in~ipal of, and interest and any other sums payabb on the aote (as hereiaafter defined) or this Mortsaae aad the perlormanoe and ~bservance of aU of the prorisions he~eof and of uid aote, Mortga6or hercby gants~ sells, ~rurants. coareys, assi6ns, transfers, mor~gages and sets over and confirms unto Mortgaaee, all of Mortgagor's esute. riaht, titb and fntecest ia, to and under all that certaia ral property sltwte in S t. Lueie County, ~lorida, more puticularly descnbed as fo9ows: As mare particularly ~dentified in Schedule "A" which is attac~ed heret~o and by referexioe mac3e a par~ he~eof . This Irbrtgage Deed and Security Agreement is given t~o Mc~rtgagee as additional security for ttye perforntiazioe af ~ the abligations of Mort~rs as Guarantors of the payment of a oertain indebtech~ess of 00. , INC. , in the amotuzt of $800, 000. 00, as m4re particularly set farth in a G~aranty of even date herewith given by Nbrtgagors to Mortgagee. Zl~e tax-required hy Section 201.08 of the Flarida Statutes has been paid and Pro~er Stanl~s hav~e been affixed tro each of the promissoYy notes evidencing the afore~nentioned indebtedness of G . . M Q0. , Il~C. The tezm "~arantor" is l~r~el7y subs'-atuted for the teYm "Note" wherevpr it appears ~ in this Martgage Deed and Security Agreecnent. 7'OCETHER WITH a11 imptovemenis now or hereafter located on said real property and all fixtures, appliances, apparatuu. equipment, f~~ heatiog aad ait rnaditionin6 eQuipmeat, machinery and utides_of petsonal property and nplaceraent thereot (other than those ownod by lesaees of said real property) now or Gerafter at'Fixed W, attached to, plaood upon, or ured in aay way im m~nection with the compkte and vomfortibk use. occupancy. or operatioa o[ the said ceal property, all li~xaas and permits used or required in connection with the use of uid -` rcal Qroperty. all leases of said real propetty now ot Aaeafter eatered into and all right. titk and interest of Mortgasor thereunder, including without limitation. cash or secutities deposited thereuader pursuant to said lea:es, ard aU reats, issues, proceeds, and profits accruing fromsaid real property and toaether with all proceeds of the conversioa. roluntuy or inroluntary of any of ihe foregoinE into psh or liquidatod claims, includ- i~g without limitation, proaeds of insurance and condemnation awuds (the foregoing said ~eal DropertY. tanebk and intang~l~le personal property hereinaftet referred to coUectively as the Mottgaged Property). Mortbagor hereby grants to Mortgagee a security interest in the foregoing described tangSbk and 'wtanybk penaul property. TO HAVE AND TO HOLD the Mo[taaged Property, togethec with all and singulu 1he tenemenu, hereditamenu and appurtenances there- unto belon~g or w aaywiss appertaiiting ud the reversion ud reversions thereof and all the estate, ri~ht, titk, interest, homestead, dower and risht of dowet, seParate atate, possession, claim and demud whatsoerer, u weU in !aw u ia equity, of Mortgagor and unto the same, and every part thereof, with the appurteaances of Mortaagor in and to the ume, and every put and pucel thereof unto Mottga6a. Moitgagot wurants that Mo[tgagot has a good and mukeubk titk to an indefeasbk fee atate in the real peoperty comprising the Mott-. gaged Property subject to no lien, chuge or encumbnnce except such u Mortgagee has agreed to accept in writing and Mortgagvr co~inants ihat lhis Storigage it and wip remain a+ralid and enforceabk mortgage on the Mortgagod Property sub~ect oNy to the excepUons herein provKied. Mortgagot has full power and law~ful authority to mortgage the Mortgaaed Property in the manner and form herein done or intended herqfter to be done_ Mortgagot wiU praern such titk and will fotever warrant and defend Urc sune to Mortgagee and w•ill forever wurant and defend the validity and priority of the Gea hereof agairst the claims of all persons and parties whomsoever_ Mortgagor will, at the cost of Mortasgot. and without expaae to Mortgagee, do, execute~ acknowledge and deGver atl and every such further acfs, deads, rnnveyancu, mortga6es, assianments, notices of assianment, transCers and assurances u Mortaagee shall from time to time require in ordet to preserve We priority of the liea of Mo e ot to fa "' e the rfotmance of the rms reof. perfornr al~ o~eir o~igat~Qns w~d~er t~ie at~iave--described C~aranty. PROVIDED, HOWEVER, that if Mortgagur siul ~ " -- - - - ' - - _~_x~ and sh~ll perform al! other oovenants and conditions of the Note, aU of the terms of which Note are incorporated herein by rcference u though set (orth fully henin. and of an rcnewal, exteqsion o modifi o thereof and of thjs or e, t this or d the at er crat shaU «~ ~a u~;~«. ~t"Y~e maturity cSate o"~ tQhe not,es evi~'ging~e a~o~`c~eseri~e~ ob~i~a~ions Of C~~M ~. ~ II~1C. 13 AIKJll3t 1, 1988.pf"~'ry`Q t~GNQ .H! PA~Rf!(T TAXEi CL': 0'1 Ci~': •C' !t!Tr.::S.3lE P: S~"~.L t&O:`E,tTY, YG.::::31i i~ ~'.=T:.i 71-1:4. f~iS Of U71. Mortga6or further corenants and agrea w~ilh Aiortgagec as fullows: . •:~~A P~IIF.~ti OLfiII qaGUiT COrwT. ST. LIIGE 00. F1~~ ~• l. To qy all sums, inctuding interat secured hereby when due, u prorided for in the Note and any renewal, extension or modification therco( and in this Mortgage, aU such sums to be payabk in lawful money of the Un~ted States of America at Mortgagee i aforesard principal office, or at such other place u Mortga6ee may desigrute in writiag 2. To pay when due, ud without roquuing any notice from Mortgagee, a11 taxes, asseument. of any ty{x or nawre and other charges kvied or asstssed against the Mortgaged Propetty or this Mortgagc and produee receipts therefor upon demand. To immediately pay and Jis- chatge any claim, Gen or eacumbrance against the 1Nortgaged Property which may be or become wpe~ior to this Mortgage and to permit no default or delinquency on any other lien, encumbrance or chuge against the Mortgaged Property. i 3. If required by Mortgagee, to alw make monthly deposits with Mortgaaee, in a aominterest bearing account, toaether with and in addi- tion to interest and Drincipal. of a sum equa! to onatwclfth of 1he yeuly tues u~d assessments which may be levied aqainst ihe Mortgaged Prop- erty, and (it so requited) oao-twel[th of Ihe yeuly premiums for insuranre thercon. The amount of such tues, aaeaments and premiurtu, when unknown, shall be estimated by Mortgaaee. Such deposits shall be uiad by MortRaace to pay such tucs, asseuments and prcmiums w•hen due_ Any insuf6ciency of such account to pay such charges when due shall be paid by Mortgaaor to Moriga6ee un demand. If, by reason o( any default ~ by Mortga6o~ under any ptovision of this Mortgage, Mortgaaee declues aU sums securod hereby to be due and payabk, Mortgaaee may then apply any [unds in stid aecount against the entire indebtedness socured hereby_ The entorceability d the covenants relating to taxes, assessments and ~ inturance premiums herein otheiwise provided shall not be affected except insofar as those obligations have been met by compliance with thK puagaph. Mortgaaee may ftom time to time at its option waire, and after any such waiver rci~tate, any or all provisio~u hereof requiring such deposies, by notice to Mortgagor in writing. Whik any wch waiver is m effect, Morlpagor shall pay taxes, aaessments and insuranoe premiums u ~ hercin ebewhere Qrovided. 1MS t~thument xn pre~area b~r RsDert l,t. L',,~ c1 ME!:'. G: ~: ; .'+ ' ' - -'t '"" i - '-!c~~ r''~~~~ 4~6073-000-5 ~ 1_'.~A t... ~:~! :';~ f,'} . i Fo~'t f-uce, FiOcida ~• 3t ~~„z=:3.v-.."yr ' ..: J` -:~ C%c .~~'~'~~~ ~~ .-~.. . ~;