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HomeMy WebLinkAbout18578~- ~3~ P9/ 5169'7U ~,~ s ~~ -~,~ .~• ~ s MORTGAGE DEED AND SECURITY AGREEMENT 3~ THI3 MURTGAGF. OB~D (the Mortseae), dated as ot February 12 , ~ 18 81~ hy r~nd between ' Richard James Hutchfnson (hereinafter called Mortgugur) and Stu1 BBnk Of St. LuCie COUnty, having an a Florida State Banking corpor~oo~ ~d~o~r~~ ~t ~~~a~~oc~~u~~~; ~~3~ ottice at 111 Oranqe Avenue, Fort Pierce, W1TNE33E7`H, that in rnnsideration ot the premises and in orde~ to secure the payment of both the principal of, and interest and any other aums payable on the note (as hereinatter defined) or this Mortgage and the per(ormance and ob- eervance ot el) of the pmvisioos hereot and ot said ~ote, Mortgagor hereby stanta, sells, warrants, aliens, remises, releaaes, conveya, assigos, transten, mortgaaes and sets over and contirms unto Mortga~ee, all ot MortRa~or s estate, riRht, title a~d intereat in. to and unde~ all that certain real property situate in St. Lucie ('ounty, F lorida more panic•ularly described as tollows: Lots 12 and 13, Block 2 of Melissia Meadows Subdivision as per plat recorded in Plat Book 9, at Page 72 of the Public Records of St. Lucie County, Florida. ~ = S•` ~ ~AYIfFiR Of TA7~i CUF Oy C~Rtt •C lVT1lN.~,'8!E PERSafiAl PROPEfiiY, PilitSJANT TO ~H:u'T::: 71-:-~, ACTS Of 1ln. R.iG~7 P:IT~.AS ~ ~ , CLERK tl2GU1T COtlRT. Si. IUGIE W. M. 1'O('ETHER WITH all improvemenls now or hereatler located on said rea) property and all (i:tures, applianc•es, apparatus, equipment, heating and air conditioning equipment, machinery and articles o( personal property nnd repiacement thereof (other than those owned by lessees ot said real property) now or hereatter attixed to, altached to, placed upon, or used in any way in connection wilh the complete and comtortable use, occupancy, or operation ot aaid real properiy, :~II lirnnses and permits used or required in connection with the use ot said rnal property, all leases of said real property now or hereatter entered into and all right, title and interest ot Mortgagor thereunder, including without limitation, cash or securi- ties deNosited thereunder pursuant to said leases, and all rents, issues, proceeds. and profits accruing trom said real {~roperty and together with ~11 proceeds ot the rnnversion, ~•oluntary or involuntary ot any o( the foregoing into rash or liquidated claims, including without limitation, proceeda ot insuram-e and condemnation awards lthe foregoing said ma! properiy, tangible and int~~ngible personal psoperty hereiru+fter re(erred to as the Mortgaged Properly)_ Mortgagor hereby gr.inls to Mortg~gee a securily interest in the toregoing deacribed 4~ngible and intangible personal property. TO HAVE AND TO HOLD the 1ltortgaged Pro~ierty, toqether with all and singular the tenementa, hereditaments :~nd appurtenances thereunto belonging or in anywise appertaining And the reversion and reveraions thereof and all the estate. riRht, title, interest, homestead, dower and right ot dower, separate estate, posaession, claim and demand whatsoever, as well in law as in equity, of Mortgagor and unto the same, and every paH thereo(, with thc appurlen:~nces ot MortR~Aor in :~nd to the c~me, and every ~k~rt and ~k-~rrel thereof unto MortRaRee. r Aiortgagor warrants lhat it has a good and markelable title to :~n indefeasible (ee estate in the MortgaKrd Yro~~erty subject to no lien, charge or en~•umbrance ezcept such as ~1ortRagee tu~s :~greed to accept in writing and Mortgagor co~~Pnaots that this Mortgage is and will remain a valid and entorceable first mortgage on ihe Mortgaged Property subject only to the exceptions herein pmvided. Morlgagor has (ull ~wwer and law(ul ~uthority to mortg~ge the Morigaged Property in the ma~ner and (orm herein done or intended hereatter to be done. Mortgaqor will preserve auch title and will (orever warrant and detend ihe same to MortRagee nnd will (orever warrnnt ~nd defend the validity and priority o( the lien hereof ~gainst the claims of all ~~ersong and partiea whomsoever. MortRagor will, at the cost of Mortgagor, and without ezpense to MortRagee, do, execute, acknowledRe and deliver all ~nd every such further acts, deecL+, conveyances, mortAaRes, sissiqnmenta, notices oi ~ssignment, transfers and assurancrs as Mortgagee shall Irom time to lime mquire in order to preserve the priority of the lien of this MortRaRe or to tacilitate the per(ormance o( the terms hereof. __ PROVIDED, HOWEVER, that i( Mortgagor shall ~k~y fo Mortgagee the indebtedness in lhe principal sum ot f 2•877• 1~ as evidenced hy that certain promissory note (the Nole1, ot even date hetewith, executed by MortRaqor and payable to order of Mortgagee, with interest and upon the terms as provided therein, and together with all other suma advanced hy Mortqagee to or on behalf of MortRaRor pursu:~nt to the Note or this Mortgage, the final maturity d:~te of the Note and thia Mortgage t-eing Februari 1986 , and shall per(orm ap other covenants ~nd c•onditions ot the Note, al) o( the terms of which Note are incor{x-rated herein by reternnce as though set forth fully here- in, and of any renewal, extension or modification, thereo( ~nd o( this 111ortgage, then this 111ortgs~ge and the estate hereby ~•reated sh:ill crase and terminate. Mortgagor further ~'onvenants and agrees with lllortgagee ~s (ollows: 1. To pay all sams, including interest secured hereby when due. :is provided tor in the Note and any re~ewal, extension or modi(ication thereof and in this MortRage, all such sums to be payable in law(ul money of lhe Unitecl States ot America al MortRagee's aforesaid principal o(fice, or at such other place as Mortgagee may designate in writing. 2. To pay when due, and without requiring any notice trom Mortgagee, all tazes, as.9essmenta oI any type or nature :~nd othet charges levied or as.seasE.d against the Mortgaged Property or this Mortgage and produce recripta there(or upon demand. To immediately pay and discharge any claim, lien or encumbrance against the Mortgaged Property vvhicb may be or become superior to this Mortgage and to permit no detault or delinquency on any other lien, encumbrance or charlte aRainst the Mortgaged Property. 3. It required by MottgaRee, to also make monlhly deposils with Mortgagee, in a non-interest bearing account, to- gether with and in addition to intereat and principal, of a sum equal to one-twel(th of the yearly ta:es and assesaments which may be levied against the Mortgaged Properiy, and (it so required) one-twelfth ot the yearly premiums'for insur•rnce thereon. The amount ot such la:ea, aseeasments and premiuma, when unknown, ahall be estimated by Mortgagee. Such de~osita ahall be used by Mortgagee to pay such ta:es, a.s.wssments and premiums when due. Any insufticiency o( auch iHIS 1NSTRUf~ENT ~REPAREa BY Sun Bank of SL Lu~se Co~~nt~- sy . . S. Troy ' ........ . . ... . . ..... ~ FORT PIERCE. Ft ORtD.~ : ~ 112 SOUT-+ SEr_pr;r, 5-~~ -~ -~ i _ ~,~:x.~z.~.f:~`~, . . .. - _.~ . .. ==~ -~- a~~K348 pA~E1856 _ . ,. . _... ~.. ~ti.:~