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Home My WebLink About2004!<CUI~ITY AORtEMEMT ICNATTiI M01~TOAat1 5l~1 ~~~~ UMIFORM COMMERCIAL COO< IIND. OI~ CORP.1 . ~V ~EClil'i~~ ~~EPItt~l~: . (CHA77~L MOR7L^AGE) ~h1$ ~~k'k'~'lli!'ilf, made che 9th day of 1'ebruary, under the laws of the state of Florida FORM t2 ~ ~~ t9 $ Z ~ettUettt Francis L. Lamagna and Ann M. Lamagna, his herei~ called che Debtor ~rhose business addtess is (if none, arite "none") 4131 South Fede~~~eHi~hway Fort Pierce, Florida 33450 and whose residence address is ~ortSSt; Luc~e D~lorida 33452 ~d Faye W~tte, a single Sc~U~t herein called the Secured Party ahose addtess is 409 Coconut Avenue Port St. Lucie, Florida 33452 ~~t~~~$$E•th: To secure the payment of an indebtedness in the amount of = 13 ~ 307 . 33 with interest, payable as (ollows: Repayable at the rate of 5626.42 per month, principal and interest included, with the first payment due and payable on March 4, 1981, and each and every month thereafter until February 4, 1983 at which time the final payment in the amount of $626.35 becomes due and payable in full, If a payment is more than five (5) days past due, there shall be a late charge penaltv of twelv~ d91~ar~ (S12,QQ). ~„ - r -- - -_- - ~ . ~ -~ ~. T '- ~ -- ~_ ~_ _ - ~ . . ~ ~ r~; ,. 11l,ii:_ta!~1h ~ . - . . 1 ~ ' '~ ' ' ' . ._~_ ' _"' ." '_. . ' . { ; ' . ._.._ ._ . ' Z : -- - - rb~ :; ' 2 (~. i U 1 ~ _ c: __ p'3 ~" .. . • - _~ _ ~ , as evidencctil by a note or notes of even date herewith~ and also to secure any other indebtedness oc liability of the Debtor to the Secured 1'arty direct or indirect, absolute or con~ingent, due or to become due~ nowr e:isting ot hereafter arising, including all future advances ot loans which may be made at the option of the Secuted Patty. (all hereina(ter calied the "obligations"I ~eixor nereoy gc~nts and convey~ to cne Secure3 Party a security intetest in. and mortgages to che Secured Pacc . . ~a) the pwpetty described in the, schedule hecein (heteinafter called the collateral). ~hich coUatetal the Deb[or represents will be used primarily ~ fot personal. family or household pucposes ~ in Eanning operations ~in business or o[her use (b) all property. goods and chattels of the same classes as those scheduled. acquircd by the Debtor subsequent to the e:ecution of this agreement and prior to its tetmina~ion _ (c) all Qtoceeds t6ereof. if any. (d) all tncreases~ substitutions, teplacements. addicions aad accessions theteto. DF,B7l7R WARRANIS, COVENANTS AND AGREES AS ~OLLOWS: To pay and perform all of the obligations secured by this agreement according to their terms. ~I'o defend the title to the coliaieral against a11 persons and aqainst all claims and demands~ w1-atsoever. which collateral~ ezcept for the ~ecurity interest granted hereby. is lawfully owned by che Debtor and is now free and clear of eny and all liens, security interests. claims, charges. encumbrances. [azes and assessments e:cept as may be set forth in the schedule. On demand of the secured parcy to do the following: furnish further assurance o( ti~le. e:ecut~ any v~+ritten agreement or do any o:her acts necessary tn cffectuate the pucposes and provisions of this agteement, e=ecute any instrument pr state- ment cequired by law or o[herwise in order to per(ect. continue or tecminate the security ieterest of the Secured Patty in the collatera! and pay all costs of filing in connection thetewi[h. To retain possession of the collateral during the eYistence of this agreement and not to sell. e:change. assign~ loan. delivet. lease~ mortgage or otherRise dispose of same without the aritten consent o( the Secuted Party. To Iceep the collatetal at the location specified in the schedule arxi not to remo~e same (e:cept in the usual c~urse of business for temporary peciods) wichout the prior written consent of the Secutcd Party. To krep the collateral (ree and clear of all liens, chatges. encumbtances. tazes and assessments. To pap. when due. all tazes. assessments and license fees relating to the collatecal. To keep the collateral~ at Debtot's own cost and e:penae. in good repair and condi[ion and available for inspection by the Secured Patty at all reasonable cimes. To ~eep the collateta! futly insured against ioss by iite~ t6eft and othec casuatties. Debtor shall give immediate written notice to the Secured Party and to insurors o: luss or d•amage to the coilateral and shal! promptly fiie pcoofs o[ loss writh insurots. TH~ PART7ES FURTHER AGREE ~'aicec of or acquiescence in any default by the Debtor.or failuce of the Secuted Yatty to insist upon strict petformance by the Uebtor of any wartanties or agteements in this secutity agteement. shall not conscitute a waiver of a~y subsequent or other defaulc ot (ailute. Notices to either patty shall be in wtiting and shall be delivered personally oc by mail addressed to the prrty at the address hettin set forth or otherw•ise designated iq writing. The Uniform Commercial Codc shall govem the tights~ duties and cemedies of the patties and any pro~isions hetein de- clared invalid undet any law shall not invaiidate any other provision or this agceement. I'he folbwing shall constitute a de[ault by Debtor: Failure to pay the princi~al or any installment of Qrincipal ot of interesc on the indebtedness or aoy noces whrn due. Failute by Debtor to canp y with or petform any provis~on of this agreemeot. False ot misleading ceptesentatinns ot w~ar- ranties made or given by Deb~or in conaection with this agceement. Subjeccion of the collaceral co levy of e:ecution or other judicial process. Commencement of any insolvency proceeding by ot against the Debtor. Death of the Debtot. Any re- duction in thevalue of the collateralor any act of theDebtor which impecils the prospect of ful! petfotmance or satisfaction of the Debtor's oblig ations herein. Upon any default of the Debtor and at the option of the Secured Patty. the obligatlons secuted by this agreement shall immed~atelp become due and payable in full withouc notict ot demand and the Secured Party shall heve all the rights. cem- edies and privileges with respect to repossession, retention and sale of the collatera! and disposition of the proceeds as ace accorded by the applicable sections of the Unifotm Commercial Code respectina "Default" Upon any default and upon demand. Debtoc shall assemble the collateral and mske it available to the Secured Patty at the place and at the time des~gnated in the demand. Upoa any default, che Secuced Party's reasonable attomeys' fees and c6e legal sad othet e:penses for putsuing, searching (or. teceiving~ taking~ keepina~ swcing. advectisin6. and selling ehe collatetal shall be chatgeable co che Debcor. The Debcoc shall remain liable for any deficiency resultina from s sale of [he collacersl and shall pay anq suc6 de- ficiency fort6wich on demand. If the Debtor shall defoult in the petformance of any of the ptovisions ot this aareement oo the Debtor's part to beper- fotmed, Securcd Patty may perform same [oc the Debtoc's account snd sny monies expended in so do;oa shall bech~raeable with interest to the Debtor aod added to the indebtedness secured 6ereby. The Secured Parcy is hereby auchorized co 61e a Fioancina Stotemen[. ~ MIDSTATE LEGA~ SUPPLV CO. -ORLANDO, flA. i ~ ~.~:- ,;- _ - _- _ . _-_ -~ 80~ ~~ P~GE ~;.~OR.'~- ~~ ~, l ~~