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HomeMy WebLinkAbout1525. . . 5~U,~,z g~-~ ~.3.~ ~~ ~3 / MORTGAGE DEED AND SECURITY AGREEMENT ~~~~ s' TNIS MOI2'TGAGE DE~D tthe ~1~ortgage), daicd aa ot -i"larCh 1Q~ , 1q 81 , by :md betwecn 13 j I.en ards , Inc . (hereinntter called Mortgr~gor) t+nd Sul'1 Barik of St. Lucie COUllty , huving a~n ottice at 111 Orange Averiue, Fort PierCe, , F~orida ~herei~utte~ called Mortgagec); . WITNE35ETH, that in canaideration of the premiaes and in orde~ to secure the payment of both the principa! ol, and intec+est and any other aums pnyable on !he note (es herei~after deti~ed) or thia Mortgage a~d the performance a~d oh- ~~5~ servance ot all ot the pmvisions hereot and ot aaid note, Mo~tgugor he~eby granta, sella, warrants, aliena, remiacs, releases, conveys, aseig~s, tranaters, mortgages and aeta over and confirnut unto Mortgagee, ail of Mortgrgorb eatate, riRht, title and interest in, to and under atl that certain real property situate in St. LuCle County, Florida more ~rticularly deacribed ae tollows: The West ~ of the Southwest ~S of the Southwest ~S of the Northwest 4 and the West 99 feet of the East ~ of the Southwest ~iof the Southwest ~i of the Northwest ~S, less road right of way, Section 7, ToMmship 35 South, Range 90 East, St. Lucie County, Florida. (This is a second mortgage.) f~_ ::_~ s-- a3 d ~~ a;:~~•~,R eF te.xEs G! : : ! i.t • _ .. . .,. . :!~ P:~,~_'.'l f:'.^:E~wtY. I~ _~ ..: T,. '~' . 7: d, ~:T5 Li 131t. .__: r_if:.Jts ,y~ Clikf( G1:::,1f.T G:.J:.T, Si. LU~.tiE 60.. F1~.~41' ' 'I'O('~'THER 1YITH all im~~rovementa now or herea(ter loeated on said teal ~~roperty and a11 tixtures, ap~~li:~nces, ap~-arntus, equipment, heating ~nd air conditioning equipment, machinery and articles ot peraonal properly s~nd replacement thereot ~other tha~ thoee owned by lesaeea of said rea! property) now or hereatter afti:ed to, attached to, ~~laced upon, or used in any way in connection with the complete and comtortable use, occupancy, or operation of said real property, all licensea and permits used or required in conneetion with the use ot said real property, all leaaes of said mal property now or hereafter entered into and s~ll right, title and intemst ot Mortgagor thereunder, including without limitation, cash or scti•uri- ties deposited thereunder pursuant to s:~id leases, and all renta, issues, proceeds, and profits accruing from s:iid real pro~~rty and together with all pra-eeds ot the con~^ersion, ~~oluntary or involuntary of any of the toregoing into cash or liquid:ded claims, including without limitation, proceeds ot insuram-e and condemnation awards (the foregoing said real property, tangible and int~ngible personal pruperty hereinafter referred to as the Mortgaged Property). Mortgagor hereby Rr.+nts to Mortgagee a security interest in the (oregoinR described t~ingible and intangible {~ersonal property. TO HAVE AND TO HOLD the MortgaRec! Y~o~~erty, together with all and sinRular the tenementa, heredit:~ments and :~~~purtenances thernunto belonRing or in anywise appertaining and the reversion and teversions thereof and al) fhe estate, riRht, title, interest, homrstead, dower and right ot dower, separate estate, posserasiun, claim and demand whatsoever, as w•ell in la~+ as in equity, of Mortgagor and unto the same, :~n~ every part thereot, with lhe appurtenances o( 111ortR:~R~r in and to the r.:~me, and every {~:irt and ~~rcel thereof unto AiortRaRee. Motlgagor w:urants lhat it has a gcx~d and marketable title to :~n indefeasible (cr rslate in the 4lurtgaRcY1 Pro~~rty subjec! to no lien, cha~e or encumbr.~n~~e except such as Mortgagee has agrec~l to ac-crpt in wret~ng and 111ortRagor covenants that this ltilortgage is and wel! remain a valid and entorrnable first mortg.iRe on the Mortgaged Property subject only to the exceplions herein pro~•ided. Mortgagor has full power and law(ul authority to mortgage lhe Mortgaged Pro~~erly in ihe manner ~nd (orm herein done or intended hereafter to t-e done. MortRaRor will preserve such title and will forever warrant and detend fhe same lo Mortqagee and wiH torn~-er warr~nt and defend the v~lid'ety and priority ot fhe lien hereo( against the rlaims of all ~~ersons and parties whomsoe~•er. MortRagor wiU, at the cost ot Mortgagor, and without expense to Mortg.igee, do, execute, acknowledRe :+nd deliver all and every such furiher acts, deeds, conveyancea, mortgaRes, a+xsignments, notices ot :~ssiRnment, trans(ers and assur.ini~es as MortgaRee shall from time to time require in order to prexen~e the priority of the lien of this ~iortRaRe or to (acilitate the performance of the terms hereof. YROVID~ D, HOWEVER, that if Mortgagor shal! ~xiy to A1ortRugee the indebtedne.~ in the princ•i~k~l sum of s. 11,b06 7b as evidenced by that certain promissory note (the Note-, o( even dat~ herewith, executecf by ti1ortRagor and ~~yable to order of Mortgagee, with interest and uEwn lhe tPrms as provided therein, and toRether with all other sums advanced by Mortgagee to or on behalt ot MortRaRor pursuant to the Note or this MortqaRe, the tina) maturity d:~te of the Note and this Mortgage being ~reh 1988 , and shall ~~ertorm all other c-o~~ena~~c and ~•onditions of the Note, all o( the terms ot which Note are incorywrated herein by mference as though set forih tully here- in, and of ~ny renewal, exter~sion or modification, fhereo! ~nd of this MoNRage, then this 111ortRaqe and the e3tate hereby ~•rP:~ted shall cease and terminate. M~rtRaAnr further ~onvenants and agrees wilh Morlg.iqee as (ollov~•s: l. To pay all sums, including iniereat securet! hereby when due, as provided tor in the Note and any mnev-•al, extension or modifi~ation thereof and in this MertRage, all $uch sums to be payable in I~wtul money of the tlnited States o( America at MortR:igee'a a(oresaid princi~~l ottice, or at su~h other place as Mortgagee mny designate in writinR. 2. To pay when due, and without requiring any notice trom Mortgagee, all taxes, assessments o( any ty~~e or nature :ind other charges le~•ied or asses9ed against the Mortgaged Property or this Mortgage und produce receipts there(or upon demand. To immediately pay and discharge any ciaim, lien or encumbranre against the Mortgaged Property which may be or lx~come superior to this Mortg~ge and to permit no detault or delinquency on an} other lien, encumbran~e or ch:~rqe aRainst the Mortgaged Property. 3. I( required by Mortgagee, to also make munthly deposits with Mortgagee, in a non.interest lrearing account, to- gether with and in addition to interest and principal, of a sum equal to one-twel(th of the yearly taxes anel asaessments which may be levied againat the Mortgaged Property, and (it so required) one-twel(th ol ihe yearly premium~s for insurance thereon. The amount o1 surh taxes, asseasmenta and premiums, when unknown, shal) be estimated by Morigagee. Such deposita ahall be uaed by MortRaRee to pay such t:~xes, aagessmenta and premiuma when due. Any insufticiency of such TMIS INSTRUMENT PREPARED BY Sun 8ank S~ Lucie County _,_ ~ ..__ _~~... ~ , zP ''~ 3 FORT p1ERCE. FLORIOA~ 3s%~K ~ P~GE ~5~4 Il? SOUTH SECOND STREET