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therefrom, whether now or hereafter due; (iv) all accounts and
contract rights now or hereafter arising in connection with any
part or parcel thereof or any buildings, structures or improve-
ments now or hereafter located thereon, including without limita-
tion all accounts and contract rights in and to all leases or
undertakings to lease now or hereafter affecting the land or any
buildings, structures, or improvements thereon; (v) all minerals,
flowers, crops, ~rees, timber, shrubbery and other emblements now
or hereafter located thereon or thereunder or on or under any part
or parcel thereof; (vi) all estates, rights, title and interest
therein, or in any part or parcel thereof; (vii) all equipment,
machinery, apparatus, fittings, fixtures whether actually or
constructively attached thereto and including all trade, domestic
and ornamental fixtures, furniture, furnishings and all personal
property of every kind or description whatsoever naw or hereafter
located thereon, or in or on the buildings, structures and other
improvements thereon, and used in connection with the operation
and maintenance thereof, and all additions thereto and replace-
ments thereof; and (viii) all building materials, supplies, goods
and equipment delivered thereto and placed thereon for the purpose
of being affixed to or installed or incorporated or otherwise used
in the buildings, structures or other improvements now or
hereafter located thereon or any part or parcel thereof. Al1 of
the foregoing are hereinafter sometimes referred to collectivel~
as the "Premises."
TO HAVE AND HOLD the Premises to the only proper use,
benefit and behoof of Mortgagee, forever, in fee simple.
MORTGAGOR WARRANTS that Mortgagor has good title to the
Premises, that Mortgagor is lawfully seized and possessed of the
Premises, that Mortgagor has the right to convey the Premises,
that the Premises are unencumbered except as may be herein
expressly provided and that Mortgagor shall forever warrant and
defend the title to the Premises unto Mortgagee against the claims
of all persons whomsoever.
THIS INSTRUMENT IS A MORTGAGE pursuant to the laws of the
State of Florida governing mortgages and a security agreement
granting a security interest pursuant to the Uniform Commercial
Code of the State of Florida. This mortgage and security
agreement is made and intended to secure: (i) an obligation of
Mortgagor to Mortgagee evidenced by a Promissory Note (the "Note")
of even date herewith in the principal amount of SIX HUNDRED
SIXTY-THREE THOUSAND AND NO/100 DOLLARS ($663,000.00), payable
wi*h i~terest on the terms and conditions therein set forth in
installments, the last of which, if not sooner paid, shall be due
and payable on February 16, 1984, a substantial copy of which Note
is attached hereto as Exhibit A and incorporated herein by
reference; (ii) any and all renewal or renewals, extension or
extensions, modification or modifications thereof, and substitu-
tion or substitutions therefor, e.ither in whole or in part; and
(iii) all indebtedness now or hereafter owing by Mortgagor to
Mortgagee, however or whenever created, incurred, arising or
evidenced, whether direct ar indirect, joint or several, absolute
or contingent, or due or to become due, and any and all renewal or
renewals, extension or extensions, modification or modifications
of and substitution or substitutions for, said indebtedness,
either in whole or in part. The obligations which this mortgage
and security agreement is given to secure are hereinafter someti-
mes referred to collectively as the "Indebtedness." This mortgage
and security agreement is hereinafter sometimes referred to as
this "Mortgage."
THIS MORTGAGE is a purchase money mortgage and security
agreement, the Note evidencing an indebtedness of Mortgagor to
Mortgagee representing the deferred portion of the purchase price
of the Premises.
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