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HomeMy WebLinkAbout0991 . ~o~ RIVERSIDE NATIONAL BANK OF FLORIOA 221/ OkeeChobee Rd. Ft Pierce, Florida 3495A 84'756~ MORT(iA(3E 7NIS MORTGAGE, executed this 2Rth day of August ,~9 87 at 2211 Okeechobee Road, Fort Pierce, Florida by MARSHALL M. MILLER and MARION E. MILLER, his wife - . ~ 5/ ~ ot the first pa~t, hereinaf ter called the Mortgagor, which term as used herein in every instance shall include the Mortgago?'s heirs, executors, administrators, successors, legal representatives and assigns, including all subsequent grantees, either voluntary by act ot Ihe parties or involuntary by operation oi law, and shall denote the si~gular and/or plural and Ihe mascutine and/or feminine, and natural and/or artiticial persons, whenever and wherever the context so ~e- quires or admNs.to RIVERSIDE NATIONAL BANK OF FLORIDA, a ba~king association, of the second pa~l, he~einafter called lhe Mortgagee, which term as used herein in every instance shall include the Mo~tgagee'S successors, legal representatives and assigns, inctudPqg all subsequertt assignees, eithe~ voluntary by act ot the pariles or involuntary by operalion oi law. WITNESSETH: THAT tor divers good and valuable considerations, and aiso to secure the paymenl o11he aggregate sum of money named i^ ihe promissory note of even date herewith, hereinafter mentfoned, together wilh interest Ihereon, and all other sums of money secured hereby as he~einafter provided, ?he Mortgagor doss grant, bargain, sell, alien, remise, release, convpy and coniirm unto the Mortgagee, in fee simple, (A) the (oltowing tand: See Exhibit "A" attached hereto. .v ~ pc~v Rpce~ved S_~~_ _ I~ ~.yme~l OF Taxes ^n C'•' . t~ , _ nr....rrty. F~~ti , , . . ~•-+s :i i91i. C ~:r+: ~ . : : , 5t. ? : _•C~ Fla. . : , _ ; _ } : This mortgage is subordinate to that certain mortgage in favor of First Citizens Federal Savings and Loan Association dated May 5, 1986 and recorded in O.R. Book 499, page 404 and rerecorded in . O.R. Book 507, page 193, of the Public Records of St. Lucie County, Florida. ~B) All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the said property, and all turniture, turnishings, fixtures, machi~ery, equipment, inventory and materials on site, and pe~sonal properry of every nature whatsoever now w hereafter owned by the MoA- gagor and located in, on, or used or intended to be used in connection with or with the oGeration ot said property, buildings, structures or other improve- ments, inctuding all extensions, additions, improvements, belterments, renewals and replacements to any of the (oregoing, and alt ot the ~ight, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or simitar lien or claim together with the benefit of any deposits o~ payments now or hereatter made by the Mongagor or on its behalf. Together with allandsingularthe tenements, hereditame~is, easements and appurtenances thereunto betonging, or in anywise appeRaining, and the rents, issues, and profits thereof, and also aIl the estate, right, title, interest and a!I claims and demands whatsoever, as welt in taw as in equity, of said Mortgagor in and to the same, and every part ertd parcel thereoi, and also specitically but not by way oi limitation all gas a~d electric fixtures, radiators, heaters, water pumps, air co~ditioning equipment, machinery, boilers, ranges, elevators end motors, bath tubs, sinks, water closets, waier besins, pipes, faucets, and other plumbing and heating fixtures, mantels, retrigerating plants and ice baxes, window screens, screen doors, venetian blinds, cornices, storm . shuttersandawnings,whicharenowormayhereafterpe~taintoorbeusedwith,inoronsaidpremises,eventhoughtheybedetaChedo~detachable.areand shall be deemed to be tixtures and accessories to the freehold and a part oi the ~ealty. TO HAVE AND TO HOLO the same, together with the tenements, hereditaments and appurtenances thereunto belonging, and the rents, issues and profits Ihereoi, unto the said Mortgagee. The said Mortgagor hereby covenants with the said Mortgagee that the said Mortgagor is inde(easibly seized with the absotute and fee simple titte to said property, and has full powsr artd lawtu! autAority to sell, convey, trans}er and mortgage the same: that it shall be lawful at any time hereatter for the Mortgagee to peaCeably and quietty enter upon, have, hold and enjoy said property, and every part thereoh, that said prope~ty is (ree end discharged from all liens, encumbrances and claims o1 any kind, inctuding taxes and assessments, except those that may be se! out above or hereinaiter,lhat the Mortgagor will make at Morigag~rs expense and at no expense to Mortgagee such other and tuNher assurances to pe~fect the tee simple title to said land, fixtures and per- sonal property in the Mortgagee as may hereaRer be required: and that the Mortgagor hereby fully warrants unto the Mortgagee the title to said propertyand will defend the same against the lawful c~aims and demands of all persons whomsoever. : NOW. TNEREFORE, the conditions of this mortgage are such that if the Mortgagor shall well and truly pay unto the Mo~tgagee the indebtedness evidenced by that certain promissory note of even date herewith, made by the Mortgagor and payable to the Mortgagee in the E principa( sum of ~ENTY FIVE THOUSAND AND NO/100********************** 25,000.00 (S l, the final ; payment oi which is due on September 15, 1997 , together w'sih any note or notes hereafter executed by the Mortgagor hereinby and in acCOrdance with paregraph sixteen ot this mortgage as hereinafterset forth and secured by the lien of this mortgage, together with interest as therein stated, and shall perform, complywith and abide by each and everythe stiputations, agreements, conditions andCOVenantscontained andsetiorth in this morlga~s and in the promissory note secured hereby, then !his mo~tgage and the estate hereby created shall cease and be nul! and void AND, the Mortgagor does hereby covenant and agree: gQQ~( 557 P~~? ~9~ t. To perform, comply with and abide by each and every the stiputations, agreements, conditions and covenants contained and set forth in said promissory note or notes, this mortgage and, ii applicable, the toan agreement between the Mortgagee snd Mortgagor. t 2. To pay the indebtedness secured by this instrumenf and according ta the true tenor and eHect o( fhe promissory note hereinabove mentioned or ~ o( any renewal thereof, prompfty on the day or days the sama severally become due. € 3. To pay, before becoming detinquenf, all obligations, encumbrances, taxes, assessments, pavinq, sidewelk sanitaryand other aasessmenls~ levies a tiens, now or hereafter levied or imposed upon or egainst the mortgaged property, and to exhibit to the Mortgagae before auch t8xes, assessments, liens and encumbrances become delinquent the oH~cial receipts for payment thereoi, and if the same or any part fhereof be not paid befoze becoming detinquent, the Mortgagee may at any time pay the aame with accrued interest and charges, if any, without waiving or aNecting Mortgagee'a option to foreclose this mortgage, or any right hereunder, and every peymenl so made shal! bear interest trom the date thereoi at the highest rate authorized by law and all such paymenta with interest shall be secured by the Uen hereot. S-MTG-17(Rev.12/85) M060-54-015 THIS INSTRUMENT PREPAREO BY: S. Bowen, Riverside National Bank of Florida 2211 Okeechobee Road, Fort Pierce, Florida ; - _ - ~ " . . _ . . . - - -~~c - _ ~ _