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HomeMy WebLinkAbout0814 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. -2- ~~ti . _ ~~ a?nK• ''" 349 e~~F 815 - - ~ ~~;r ~ _ _::;:~