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MORTGAGE AND SECURITY AGREEMENT ~j ~
TliIS INDENTURE, made this 3rd day of February, 1981, between
W. B. WIGGINS, JR., whose address ia One Piedmont Center, Suite 712,
Atlanta, Georgia 30363 (hereinafter referred to as "Mortgagor"),
and CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO,
a national banking association having its principal office in
Chicago, Illinois (hereinafter referred to as "Mortgagee").
W I T N E S S E T H:
That, WHEREAS, Mortgagor has borrowed from and is justly indebted
to Mortgagee in the sum of THREE MILLION FIVE HUNDRED THOUSAND AND
NO/100THS ($3,500,000.00) DOLLARS in lawful money of the United States
and has agreed to pay the same, with interest thereon, according to
the terms of a certain Promissory Note (hereinafter referred to as the
"Note") given by Mortgagor to Mortgagee, bearing even date herewith,
with final payment being due on February 3, 1982, unless extended •
by Mortgagor in accordance with the provisions of the Note.
NOW, THEREFORE, for divers good and valuable considerations, and
in consideration of and to secure the payment of the principal amount
of the Note, together with interest thereon, or so much.thereof as
may be advanced, Mortgagor hereby grants, bargains, sells, conveys,
assigns, transfers, mortgages, encumbers, pledges, delivers, sets
over, warrants, confirms ta and grants a lien and security interest
in favor of Mortgagee in all that certain real estate situated in St.
Lucie County, Florida, and more particularly described in Exhibit
"A" attached hereto and made a part hereof by reference, subject to
those matters set forth in Exhibit "B" attached hereto and made a
part hereof by reference (hereinafter referred to as "Permitted
Title Exceptions");
TOGETHER with all right, title and interest of Mortgagor, if
any, in and to the land lying in the bed of any street, road or
avenue, opened or proposed, in front of or adjoining said property
to the center line thereof; and -
TOGETHER with all buildings, structures and other improvements
now or hereafter located on the property hereinbefore described, or
any part and parcel thereof; and
TOGETHER with all rights, title and interest of Mortgagor in
and to the minerals, flowers, shrubs, crops, trees, timber and other
emblements now or hereafter on said property or under or above the
same or any part or parcel thereof; and
TOGETHER with all and singular the tenements, he?-editaments,
easements, riparian and littoral rights (if any), and appurtenances
thereunto belonging or in any wise appertaining, whether now owned
or hereafter acquired by Mortgagor, and including all rights of in-
gress and egress to and from adjoining property (whether such rights
now exist or subsequently arise); and also all the estate, right,
title, interest, claim and demand whatsoever of Mortgagor of, in and
to the same and of, in and to every part and parcel thereof; and
TOGETHER with the reversion or reversions, remainder and remain-
ders, rents, issues, profits, earnings, revenues and income from~the
property hereinbefore described; and
TOGETHER with Mortgagor's righ t, title and interest in all
machinery, apparatus, equipment, fittings, fixtu~es, and articles
This instrument was prepared by Luther C. Curtis, Suite 200,
Peachtree & Broad Building, Atlanta, Georgia 30043.
Rf^flYED f 7. ~~• d D iN ~AYMENT ^I TAI~Ei
~ LC`_ CJI Ct~~S ~C~ Iv7;'.~C:ZtE PiRSflr.:.L Pi~?ERTY.
PUcSiilJfl TO :H.:: Tiii 71-134, A~TZ Of 1l71.
RLCsR PWTRIS
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