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HomeMy WebLinkAbout0929 nL~r-~ o~ ; 9 . . '7U41~3 t.tg. 4k . eo , ~ 1 D/s 142.5~ ~ t4.)~ znt iyo, oo NlORTGAGE THIS MORTGAGE is executed this ?3rdday of April , 19 g5 , by .Tames it. ?~h~rton and Sherrv L. tdharton, i~i ~~~ife , (the "BorrOwer"), in favor of FLORIDA FEDERAL SAVINGS AND IOAN ASSOCIATION, a corporation organized and existing under the ~~V laws of the United States of America, whose principal place of doing business is in St. Petersburg, Florida, (the "Lender") and is made in reference to the following facts: ~ IE~ (A) Borrower is justly indebted to Lender in the principal sum of Ninetv Five Thousatid and ~0/ 100 ~ DOLLARS I ig 95, 00 which is evidenced by a promissory or mortgage note executed by Borrower in favor of Lender, dated April 23, , 19 85 , the terms and conditions of which are incorporated in and made a part hereof (the "Note"). The Note bears interest at the rate stated therein, provides for payments of principal and interest in the manner stated therein and has a maturity date of , ~g _ (B) Lender is desirous of securing the prompt payment of the Note, and any additional indebtedness accruing to the Lender on account of any future payments, advances, or expenditures made by the Lender or on account of any other indebtedness incurred in connection with this Mortgage or any other instrument securing the Note as set forth herein. NOW, THEREFORE, for and in consideration af Lender making the aforesaid toan to Borrower and fior other good and valuable consideration, and to secu~e the payment of the aforesaid indeb4edness, the Borrower dces hereby grant, Ear~ain, sell, alisn, remise, convey and confirm unto the Lender all that certain land, and all structures, buildings and ` i~~provements thereon, of which Borrower is now seized and in possession, situate in St. I.ucie ,i County, Florida, more particularly described as follows: ~ ~ d - ~ y~. ' ~~~s~~~ ~ ~ 9~• r o_ T,.:pg ~ p~~ r: . r . . • _ 2: ~Y~ ~ See attached exhibit "A" - Pu~SU„nt C~ _ . . ._ss :lt ly;l. ~ ti ~ i~'._ _ ; i . ~ i . / ~ Cterk Ci~cui: Court, ~L Lu_iu, Co., Fla. : ~ ~ - ~ ; ~ ~J I - 7 _ y' V . TOGETHER WITH all and singular the tenements, hereditaments and appurtenances and all structures, buildings and improvements of every kind and description now or here~~fter on said land, and all heretofore or hereafter vacated alleys and ~streets abutting the said land, and all riparian and littoral rights, easements, rights, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenent to the said land, and all fixtures, machinery, equipment, building materials, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to ~e used in connection with ine said land, improvements and appurtenances including, but not limited to those for the purposes of supplying or distributing heating, cooking, electricity, gas, water, air and light; and all eievators and related machinery and equipment, plumbing, bath tubs, water heaters, sinks, and other plumbing fixtures, ~anges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnin~s, storm windows, starm doors, screens, blinds, ~ shades, curtains, carpet, attached floor covering, furniture, antennae, trees and plants, all of which including ~eplacements and additions thereto, shall be deemed to be and remain a part of the real property covered by the Mortgage. FURTHER, TOGETHER WITH all rents, issues, incQme, profits and all accounts receivable generated throu~h the use by Borrower or others of the real or persona! property encumbered by this Mortgage, including any such rents, issues, !ncome, profits and all accounts receivable of any business activity conducted by Borrower on or through the use of such property; and the proceeds of all of the foregoing. All of the above described property and interests wil! som~times be referred to herei~ as the "Property". TO HAVE AND TO HOLD the ProRerty unto the Lender and its successors and assigns forever. The Borrower hereby covenants and agrees with and warrants to the Lender as follows: (i) that the Borrower is the absolute fee simple owner of thE Property excepting leaseci items, if any, disclosed in a Lien Affidavit (the "Affidavit") executed by Borrower and presented to Lender on even date herewith; (ii) that the Property is and will remain free and clear of alt encumbrances excepting covenants, restrictions, easements and reservations disclosed in a Lender title insurance binder as endorsed, described in the Affidavit; (iiij that Borrower has full power and lawful right to mortgage and convey !he Prope~~ty; (iv) that no delinquency exists with respect to the payment of any taxes, assessments, water or sewer charges or other governmental impositions of any kind tevied or assessed on the Property; (v) that it shall be lawful for the Lender at a!i times to peacefully enter upon, hold, occupy and enjoy the Property and every part thereof; (vi) that Borrower will make such further assurances W protect the fee simple title to the Property in the Lender as may be reasonably required; and (vii) that Borrower does hereby fully warrant the title to the Property and will deiend the same against the lawful claims ' ,z$s v~~F , w e 60JK 463 PAGE ~~5 ~ 3 ~Y.. . - . 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