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HomeMy WebLinkAbout1664516~33'7 \~ ~ MORTGAGE DEED AND SECURITY AGREEMENT ~ • THI3 MORTGAGB DEBD (the Mortgage), dated aa ot Feb .11 1~ 1, by and between Ricky A. Oolabelli ~~.a Americ.~ R. ~labelli and Nornia Colabelli, hi.s wife Ihereinafte~ called Mortgi~gor) and SunBank Of $t. Lucie County , having:~n otfire at Ft. Pierce, , Florida (hercina(ler called Mortgugee): WITNE3SETH. that in considerntion ot the premisea and in order to secure the payment ot both the principal of, and interest and any othe~ sums payable on the ~ote (as hereinatter detined) or this Mortgage and the pertormance and ob- servance at all ot the proviaions hereo[ and ot said note, Mortgagor hereby grants, sells, warraots, aliens, remises, ~eleuses, conveye, aasigne. transfen, morlgagea and seta over and confirms unto Mortgagee, all of Mort6agor'a estate, riRht, title and interea; in, to aod under all that certain real properiy situate in St _ LuCie County, Florida more particularly described as tollows: Lots 1 and 2, Block 33 and Lots 19, 20, 21 and 22, Block 32 of SAN LUCIE PLAZA, UNIT ONE, as recorded in Plat Book 5, Page 57 of the Public Records of St. Lucie County, Florida. Receivsd •~~ 1n Paynwni Ot T~xM . . " " . - - Dus On Clais "C" ~ta~YibM Prrswwl l4~oprty. A . .. , .. ~ Puriu~M To CMpI~- 71.1 i~- AM~ Of 1~I1. ~ ; - , - ~ ~ _ _ ~ ,~ ._ . ~OOEA ~D~IwAs 'Y ~ _ _ ~, . :, t ~ ~ Cl~R CJrp~it Coutf, N, L+11~ C~. !~ ~~ c ~ ~y ' ~ -- - - - -- ~ - - ` TOGETHER W1TN all improvements now or~hereatter located on said real pro~~eHy and all tixtures, appliances, apparatus, equipment, heating and air conditioning equipment, machinery and articles of personal property and replncement thereof (other than those owned by leasees of said real property) now or hereafter affixed to, attached to, placed upon, or used in nny way in connection with the complete and comtortable use, occupancy, or operation of said mal propeHy, :ill licenses and permits used or required in connection with the uae ot said real property, all leases ot said rnal property now or hereatter enlered into and all right, title and interest of Mortgagor thereunder, including withou! limitation, cash or sec•uri- ties deposited themunder pursuanl to said leases, and all rents, issues, proceeds, and pro(its accruing (rom said real pro~~erty and together with all proc~eeds of the rnnversion, voluntary or involuntary ot :~ny.ot the (oregoing into cash or liquidated claims, including without limitation, proceeds ot insurance and condemnation awards (the foregoing said re:~l propcrty, tangible and intangible personal property hereinaiter reterred to as !he l~fortgaged Property). Mortgagor hereby Rrants to Mortgagee a securily interest in the foregoing deacrit~ed tangible and intangible ~~ersonal pmperty. TO HAVE AND TO HOLD lhe Mortgaged Property, together with all and singular the tenements, hereditaments :~nd :qi~~urtenances thereunto belonqing or in anywisr appertaininq and the reversion and reversions thereoi and all the e~tate, riRht, title, interest, homestead, dower and right of dower, separate estate, pos.seasion, claim and demand whatsoever, as well in law as in equity, of Mortgagor and unto the s~me, and every part thereot, with the appurtenancex ot MoHRaRor in nnd to thp same, and every ~~.~rt and ~kircel thereot unto MorlgaRee. Mortgagor warrants that it tuws :~ good and m:~rket.~ble tiUe to an indefeasible (ee estate in the MortRaRecl Pm~x•rly subjee•f to no lien, charge or encumbrancr ezcept such as Atortgagee has aRreed to acerpt in writing and Mortgagor covenants fhat this Mortgage is and will remain a valid and enforceable (irst morlg:iRe on the Mortgaged Properly subject only to tFtie e:ceptions herein provided_ Mortgagor has full power and lawful authority to morigage lhe Mortgaged Pro~-erty in the manner and form herein done or intended hereafter to be done. 111ortgagor will preserve such title and will (orever warrant and detend the same to Mortgagee and will torever warrnnt and defend the validity and priority ot lhe lien hereo( ~gainst the i•laims o( all persons and p:+rties whomsoever_ MortQagor will, al the cost of Mortgagor, and without e:pense to Mortgagee, do, e:ecute, fecknowledge and deliver all and every such further acls, deeds, com~eyancea, morigages, assiqnments, notices of assiRnment, tranaters and assuranc•es as Mortgagee shall (rom lime to time require in order to preaerve the priority ot the lien of this Mortgage or to facilitate the pertormance of lhe terms hereof. PROVIDED, HOWEVER, that it Mortgagor shaU ~u~y to MortgaRee the indebtedness in the principal sum o( s 15 ~ 000. 00 as evidenced by that certain promissory note (the Note-, o( even date herewith, executed t-y 111origagor and paynble to order of Mortqagee, with interest and upon the terma as provided therein, and together Mith all other sums advanced by Mortgaqee to or on behal( of MortgaRor pursuant to the Note or this Mortgage, the (inal matarity date of the Note and this Mortgage being MdY 1.2 ~ 1981 , and shall perform all other covenants and conditions of the Note, all ot the terms oi which Note are incorporated herein by mference as lhough set torth fully here- in, and of any renewTl, extension or moditic:~tion, ihereo( and of lhis MoriRage, then this Mortgage and the estate hereby ~~rnated shall cease and terminate. Mortgagor (urther rnnvenants and agrees with Mortgagee as (ollows: 1. To pay a~l sutns, includinR interest secured hereby when due, as providc~l (or in the Note and any renewal, extension or modification thereof and in this MortgaRe, all such sums to be payable in lawfu) money of the United Stafes of Americ:~ :~t Mortgagee a atoresaid princi~~l office, or at such other place as ~tortgaRee may designate in writinR. 2. To pay when due, and without requirinR any notice trom Mortgagee, all ta:es, as.sessments ot any type or a~ture :~nd other charges levied or aa.sesaed against the Mortgaged Property or this Mortgage and produce recripts theretor upon ~ demand. To immediatety pay and discharge any claim, lien or encumbrance against the Mortgaged Property which may be or become auperior to this Mortgage a~d to pern»t no detault or delinquency on any other lien, encumbrance or charge aRainst the Mortgaged Property_ 3_ If required by Mortgaqee, to also make monthly deposita with Mortgaqee, in a non-interest bearing account. to- gether with and in addition to interest and principal, o( a sum equal to one-twel(th ot the yearly ta:es and assessments which may be levied against the Mortgaged Property, and (i( so required) one-twelfth of the yearly premiuma for insurance thereon. The amount ot such ta:es, assesamenta and premiume, when unknown, shall be estimated by Mortgagee. Such depo~sils shall be used by MortgaRee to pay such taxes, assessmenta and premiums when due. Any insuiticiency of such ~ ~ ~ ~~ ur* ~:'i -..-... -1- s~~K348 ~~UE~663 _ ~ ` >r ~