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Home My WebLink About0952 F~ 'LV APPlaY I'~ '1~18 ~Tl`lI~ `l~ ~'~1S l+~G~lC~t i i2315 1'"1tv~ ricu`~.asesu res:a~-.c~ ~r asau UPCN MA'ILlRrY'"I WCXJLD ffi $ TOG~I~~ffit WI?!'H II~'~ Y~ At~D AL~L ADVAN~i'3 MADS gY '1'HB MO ~ortpa~ BicuA~X t~ nN~t~tnt 'i~lS '1~I3 M~GAt'~: ~'II~ •A~1VAT+ 8~1LANCE IxJS UP~lConnn~nais! B~mNt A~~ ~0 N~+?ZURI'1'Y MAY VARY D~EZ~II~ ~T CH~4i~ IN 7~IE RATE CF INt'EI~..?'~'T. ~ rn~s ~«c~a~e. made cnis ~ .+~y ~a rtav~ec~er t9 s~ . between FRF.DERICK M. WESSEI,, a married man $~~s~i 8 ~(•Mwtgaflor•), whose address is 3590 Wiesoott Hills Driv~e, Eaqan, I~1 55123 , fl~/ and BAANETT BANK OF ,('Mort~agee'). ~ S wtwse address is 90Q EAS'P PRIl~1 VISTA BLVD. , PORT ST. LUC~, FLORIAA 33452 1Altb~sssth: WHEREAS, MoRgagor and Mortgaqee have entered into~ that ~e~tain written losn agreemen! ('Loan Agreement'). ot even date, which by reference is made a p8rt hereOi to the s8me eMent as though set oul '+n lull he~ctin (in the event there is no suCh Loan Agreement, referances thereto contained in this Mort~age shall be disregarded); and ~ WHEREAS. Mortgagor is indebted to Mortgagee in the principal sum ot S 50, 000. 00 together ~ with interest the~eon, as evidenced by that certain promissory rate of even date herewith, executed by Mwtgagor and del'rvered to Martgagee, the firtal payment of which il not sooner cal{ed by Mortgagee is due on a belore the 3~ day ~ NoNenber 19$9 .~8• ~;~h term includes any modification, renewa~, extension or afteration thereo~, which by ~eie~ence is made a pa~t hereof to the seme extent as though set out in lull herein; NOW. THEREFORE ta secure the pe~iormance by Mat~aqor ot all covenants and conditions ot the Noto, the Loan Agree- ment, this Martgage, and a1t other instruments securir~Q the Note, and a11 existing w tuture notes, Ioans, guaranC~es, or other indebtedness owed by Mortgagot. or either or any ot them. to AAortgagee, inchxiing a11 tuture advances, obtigatory or dherwise, notwithst8nding thet suah indebtedness is Secured by other mortQBges, and including a11 expenses or obliflations inCUrred by Mortgagee pursuant to any exisGn~'or tuture mortga~e, ban or securiry agreement, and in order to charge Ihe properties, in~er- ests and rights herei~after described with such paymerti and pertormar~ce and !or and in cons'~deraGon of the sum ot Ten and na/100 Doltars (a10.00), Mortgagor does he by mcxtgsge to Mcxtgagee and, where applicabls, grant a security interest in: 1 y3„3- /3 0 -~-C?~/- (X~ d Tne Mo~tQsg«s Property (A) All ot lhe land in the county of ~ , State ol Fbi~da, described on Exhibit 'A' attached hereto and made a paR hereoi, to have and to hold tF?e same, together with each and every lenement, a hereditament, easemerst, right, power, privifege, immunity and appurtenar~ce thereunio bebnging or in anywise appertaining and . the reversion and reversions. remainder and remainders. and also the estate, r'~ght, title, interest, homeslead, right of dower, . separate estate, property, possessbn and claim whatsoever in law as well as in equiry ot N{ortgagor of, in and to the same in every part and parcet thereof unto Mortgagee in fee simple. (B) (i) all personal property and fixtures now or hereaft~r affixed to w bcated on the propcny desc~ibed ~in paragraph A hereoi which is deemed to be fixtures and a part ot the real property under applicable law; (ii) al! articles of personal property rn and afl materiats delivered to the property desCribed in paragraph A hereoi for use in any way lhereon, and owned by ~ Mortgagor (iii) a!1 contract rigtits, general intangibies, actions and rights in action, including aIl rights to insurance policies and . proceeds and all liquor licenses; aIl equipment including parts, accessories, attachments. speciat toots. additions and ~ccessions thereto, and (iv) atl proceeds, products, replac~ments, add~ions, substitutions, renewats and accessions of any ot the loregoing ~ items. This Mortgage +s a selt-operatme securiy agreement with respect to the above described property, bui Mortgagor agrees to execute and deliver on demand such other security agreements, tnancing statements and other inslruments as i~AortgagQe may request in order to perieCt its securiry interest ot to impose Ihe lien hereot more specifiCalty uppn any oi such prOperty. ~Mortgagee shall have all the rights arxt remedies in addition to those specitied herein ot a secured party under the Florida uniform commerc+al code. (C) AI~ rents, issues, profits, revenue, income, proceeds, and other benefits powing or der'rved irom 1he propetty described ~ Pn paragraphs (A) and (B) hereol, provided however. that permission is hereby given to Mortgagor so long as no detault has occurred hereunder, to collect, recei;ve, and use such beneGts trom the property as they bccome due and payable, but not ',h'q' in advance thereof. ~ Everything referred to in parayraphs• (A), (S) and (C) hereot and any additional property hereafter acquired by Mortgagor E and subject to the lien ot this Mortgage or any paR of these properties is herein reierred to as ihe 'Mortgaged Property.' ;-~,3 PROVIDEO AIWAYS, that it Mortgagor shall pay to Mortgagee the Note ai the timos and in ihe manner stipulated therein, + a~ and in att other instruments securing the Note, and taithfully perfam a11 the covenants and agreements in this M~tgage, the ~ ~oan Agreem~t, an0 in all ~iher instrume~ts securing the Note. to be kept, pertamed or obseNed by Mortgagor, then this Mortgage shall cease and be void, but shall otherwise remain in tutl torce and efiect. t . - n. Covana~ oi liilart~sgor~ t~ 1. Compllancs with Nots ~nd ~toKqaQe; WarraMy M Tltl~. Mortgagor shall comply with all provisions hereoi. ot the Note, the loan Agreement and of every other instrume~t secur+ng the Note, and wiU promptly pay to Mortgagee the pri~cipat with ~ inte~est thereon and all other sums required to be paid by Mortgagor under the Note, the Loan Agreement, lhis Matgage and all other instrurrtients securing tiie Note. Mortgagor is inde(easibly seized ot the Mortgaged Property in fee simple and Mortgagor has ~awtul authority to convey, mortgage and encumber lhe same as provided by this Mortgage, and does hereby so warrarN. 2 Psyment of Taxea srfd Llsns. l~Aortgaga? shall pay a11 taxes. assesments. liens. levies. Iiabilities. obliqatiorts and encum- brances of every nature and kind wt?ether now or hereatter imposed, leviecf or assessed on the Mortgaged P~OpeRy, this : Mortqaqe w the indebtedness seCUred ttereby. Ali SuCh payments shatl be mede wNen due and payabte betote they beCOme ; delinquent and before any iMereSt ettaChes Or arry penalty is incurred. Insolar as Bny se~eh li~~ or encumbrance is ot record E the same shail be promptty satisiied or released and evidence ol suCh satisl8ctan a retease shatl b8 ~iven to Mortgaqse. ; Mortsayee may at its option require Mortgagor to deposit with Matgagee on the firs~ day of each month, ~ add'ition to making ~ payments ot principal and interest, until the Nde is (u{ly paid, an amount equal to one-twelhh (tl12) o( the annual taxea snd ~ assessments payable with respeG to the Morfgaged Property. SuCh deposits shall riot be, nor po deemed to be, trust tunds. hwww w+ewn a~y+ a,n~r w w.e ~n,r.! I W i F.t~ M f001 H - . 80QK 5 ( ~ PAGE 9~~ E . . ~ - _ i:~< . 3