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HomeMy WebLinkAbout0951 ~ ~'-7 Pr~F>ar~ci ay acid Returci to; David J, BeryeL~, :,sq, ti~.~.13~ ~ ~3`~~3 Broad and Cassel ~ ~ ~ ~ 1108 :~ane Cosicoursc .~~~1/ . Bay t:arbor Zs., F1, s3154 , . 1~AID SDQJRI'I'Y AGR~TT , , , THIS M~RPGAGE is executed this lOth day of June, 1983, by R06.S I+~INELI~, a single man, and [~QCHAEI, LIPSKY and DAVA LIPSKY, his wife, (hereinafter o~llectively the "Mortyagor" or "Debtor"), whose address is Unit F-4Q4, Avalon Beach Club, 355 South Ocean Drive, Fort Pierce, Florida 33450, in favor of SAF'RAB~~NEC, a Florida banking oorporation (hereinafter the "Nbrtgagee" or "Secured Party"), whose address is 120 North Biscayne f3oulevard, Miami, Florida 33132. IN OJNSIDERATION of the aggregate stm? set fortlt in that oertain Prorru.ssory Note herein- after described, and to secure the payment of both principal and interest thereof, in acoordance with the tern~s, provisians and limitations of this NSortgage, ar?d the performance of the ooven~uits and agreanents herein contained, Mortgagor dces hereby grant, bargain, sell, alien, remise, release, convey, warrant, m~rtgage, pledge, assign, transfer and confirm to the hbrtgagee, in fee sinple, all that certain property (the "Land") in St. Lucie County, Florida, described as follaws: The Cbndanini~ Parcel known as Unit F-404, in AVALAN BEACH CLUB, a Condominium, according to the Declaration of Condaniniun thereof, reoorded in Official R~eoords Book 390, Pages 2437 thraugh 2519 of ~he Public Records of St. Lucie County, Florida, as am~?.nded by Ame.rx~nent filed January 25, 1983, and reoorded in Official Records Book 392 at Pages 1478 through 1500, of the Public Records of St. Lucie County, Florida. 'POGEII-iER WI`I~ : . A. Rll Yxiildings, structures arx3 improvements ex~w aru3 hereafter a1 the L.and; B. All appurtenances, servitudes, rights, ways, privileges, prescriptions, accretio~s and advantages which in any way now or hereafter belong to or pertain to the 'sdrid; and, all right, ti'tle arid interest of the Nbrtgagor, if any, now cx,med or hereafter aoquired, in and to any land lying in the bed of any street, road, or avenue, open or ~~roposed, in front vf or a?3joining the Lanci; C. All fixtures, equipment, machinery, furniture ar~3 personal praperty oontained in, located on or appurtenant to the Land whether or r~ot permanently affixed t,o the Ix~r~d, or ~hich rtay hereafter fran time bo time be placed thereon, and any accessions, substitutions or replace~nents thereof; D. All other interests of every kiixi ar~d character which Nbrtgagor r~w has or at 3ny time hereafter a~quires, in arxi to the L.and and, in and to all property, tangible and ~ intangible, which is used in oonnection with the aperation of the Land including, but not ` limited t~o, policies of i.nsurance, maintesiance and service oontracts, water a~d sewer allo- ~ cations and licenses and pennits issued by governrnental authorities, all abstracts of title, ~ building perniits, surveys, engineering work, architectural plans, engineering plans, eondo- ~ :~_iniiun doc~m~nts, payments and profits due or to become due under any condominium sales ~ rontracts, relating to the Land now existing or hereafter obtained by or on behalf of s ~ ~'.ortgagor; F ~ E. All rents, issues, proc.~eeds arx3 profits accruing and to accrue fran the Land~ £ 311 right, title arx~ interest of Mortgagor in and ~o all present and future leases, written ~ or oral, and all agreesnents for use or occupancy for any portion of the I.and, tngether with ~ any and all extensions and renewals thereof, guarantees of the performance thereof, and w ~ *_ogether with the irrrrrediate and oontinui.ng ri~ht to oollect all of the prespnt and future ' z; rents, inoorne, receipts, revenues, issues and profits r~aw chie or which may becxrrn due under- ~ ~aid leases; pro~,~ided, Y~ver, that so long as an ~ent of Default (as hereafter defined) ~ ~nas r~at occurred, Mortgagor sha]_1 have a ~ice:ise to collect and receive all of the rents ` assigned hereunder; ~ ~ F. The [roriies escrc~.~c3 in acc..rordance with the provisions of Section 8"Escrow ~ ~ For Taxes and Insurance", of this lK~rtgage; 'tir _ ~ G. All awards hereafter rtade by virtue of any exercise of the right of conde~c?- ~ nation or ~c?inent dorr~ain by any authority, ineluciing any award for damage to or taking of ~ +~itle to the Larxi, ar any part thereof, or the possession thereof, or any right t,~ any ease- ~ ment affecting the ~anci or apQurtenant thereto (including any an~ard for any change of grade ~ ~ ~f streets an3 the Proc.~eeds of all sales in lieu of oaxiesrrlation; ar~d n~~ g~,;~(~ P~E ~?'!~l H. All invent~ory, raw ireterials, work in process, accounts receivable, cx~ntra tr rights and general intangibles naw or hereafter arising whict~~ r~aa or hereafter pei-tain to ~ ',~e used with, in or cn the Larxi or any business operated ther:~~n, - _ t-t.`.~. ~ . i x . .z ~