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HomeMy WebLinkAbout0951 yw. - _ _ h'~;~} i/,Z ~ ,1 P~} ~ : . , i t~ , a D. •~j T . . j ~ , , • , ~ .2 J U . . - ` ` • ' I MORTGAGE DEED AND ~ECUHlTY AGREEMENT 7'}i1S MOIiTGAG~: DFHD (the Mortgage); dnted na ot ~X 21 19~?by .~nd betweon Robert W, McCawn and Aorothy K, McCo~an, his wife ~ ~ (herei~enfter called 11'Iortg»qor) and ~LII1 $E~I'1~C O~ S~. I~,1C~.@ COURC~? _ , hnving an ; oftico.lt ?QQ ~j,Y'g~j„a AVe11Ly2, F't. Pieree Floridt~ (hereinaftercnlled hlortgagee); ~VITNF.SSE'I`H, lhnt in considerniion o[ the premises and in order to secure the payment af both thc principnl of, r~nd ' interest ~nd Any othe~ sums pnynble on the note (as hareinfltter detined) or this I~4ortgage And the per[ormAnce and ob- aervnnce ot nl! ot ttio provisions hereof and ot sr?id noie,- Mortgngor hereby grante, selle, warrfints, aliens, remises, releases, com~cys, assi~na, trnnsters, mortg~ges and seta over and contirme unta hlortgagee, ~11 of Mortgfigoi s eatflte, riRht, title and interest in, to and under nll thnt certnin real pro~~erty aituate in S~ _ Li~ie County, Floridn more particuiurly described ~s tollows: . . F f. ~ \ . • ~ . _ N ~ ~ ~ Lot 3 of RIVER PIAC,E, a subdivisian, as per p1t~ fi.hereof, . f.=;a ~ recorded in Pl,at Book 18, page 10 of the Public RecordR of ~ Sr. Iucie, ~~unty, Florida; Less and Excep~ the follvwin~: ~ ~ ~ ~ ' ~ . t= - _ Begin . at the SoutY~?~est corner o~ - sai.d Lot 3, R1VF~t P'LA(~; r~ ~ r' the~nce North a dist~ce nf 1S feet to a point; thence turn and nm ~ i`_ :1 Wes~erly ala~, a_ line parallel to the Sauth line of ~,ot 4, RIVER PLACE, to a point on tt~e line dividing Lots 3 and 4 of said Riv~er , c~ t-' o Place; thence tum and r~ Sautherly alan,g said line dividing i c`~ " " Lots 3 and 4, River Place, to th~e Point of Begirmi-ng, tri V i~- . ~v ' ~ c ~ ~ , > v . •V C ~ Y U ~ 0 4 U - ' + TOGF.THER WITN all imp~o~•ements now or here~fter located on &~id real pro~~erty and ali (ixtures, appliunces, apparntus, equipment, heating. and ~ir conditioning eyuipment, machinery ~nd article§ ot ~~ersonnl property and replacement ~ thereof (other than those owned by lessees of sAid real pro}~erty) now or hereatter ~tfixed to, att~ched to, placed upon, or - used tn any wny in connection with the complete and comfortlble use, occupancy. or operation o[ said real property, t~ll j licenses and permits used or required in ronnectiun with the use of said real property, all leases of said real property now or i herea[ter entered into and all right, title and interest of b9ortgt~gor thereunder, including without limitatian, cash or securi- i ties de{3ositecl thereunder pursunnt to said•leases, and all r^nts, issues, proceeds, and proiits aceruing from said mnl property - .ind together with ~1l proceeds o[ the com~eraion, ~`olun~~ry or involuntary of any ot the toregoing into' cash or liquidatecl clnims, including without limitation, proceeds of insurauce and~conc~enznatiun awfirds (the foregoing s~id real property, tungible and intangihle E~ersonal property hereinnfter re(erreci to as the h4ortgaged Yra~~erty). 1liortgagor hereby grants to Diortgagee a security interest in the fotegoinK descrit~ed tangihle an~ intangible ~~ersonal pro4~erty.- 'I'n HAVE AND TO HOI.D the Mortg~ged Prol~erty, together with al! .~nd singular the tenements, hereditaments and 1 :+E~~~urten~nces thereunto betonging or in ~nywise appert<iining and the rer•ersian and reveraions thereof and a? the est~~te, right, title, interest, homestead, doN~er nnd right of dower, separnte estate, ~wssesxian, claim and demand whatscever, as . w•ell in law as in equity, o( A4ortgagor and anto the s.~me, and every part lhereof, with the appurtenances n( Tlortg~gor in and to the same, and every pnri .ind parcel thereoi unto biorlgF~gee. 1~3ortgagor r~:~rrar.ts that it has a good ar,d m.~rketable title to an indefeasihle fee estate in the 1liortgaged Pro~>erl~ subject to no lien, charge or encumhr~nre except such as I~iortgagee has aqreed to acc~pt in writing and b4ortgagor covenants ~ ~ that this ~lortg.~ge is and w•ill remain a valid and enforceable first mortga~e on the Mortgaged Pro~~erty subject only to tl~e exceptions herein provided. l~tortgagor h~s full ~~ow•er and law(u) autho:ity to mortgage the Mortgaged Yroj~erty in the manner and form hcrein done or intendecl h~reatter.to be done. Mortgagor wil) presen~e such title and will forever warrant ~ and de[end the same to Mostqagee and w•ill fore~•er w.~rr~nt and defend the v~iidity nnd priority of the lien hereof against the claims of alI persons .ind parties whomsoe~~er. ~ Morlgagor will, at the cost of A~tortgagor, and without ex~xnse to I1lortgagee, do, exerute, acknowledge and deliver s~fl and ecery such furiher :icts, deeds, conveyance: .~ortg:~ges, nssignments, notices o( assignment, transfers :~nd assur:~nces as ~ Mortgagee shall from time to time require in as~it=; tcti presen•e the priorsty ot the lien of this illortgaRe or to tacilitate the t~erformance of the terms hereof. g ` ~ ~ ~ PItOVID~:D, NOVVEVER, that i( 111ortgagor shall p:~y to 1liortgagee lhe indehtedness in the principal sum ot ~ $--~..?]~~,9~+ as evidenced hy that cert~in promissory note. (the Note), ot even date herewith, executed by ~ ~ 114ortgagor ~:~d p~yable to order of hlortgagee, with interest and upon the terms as provided therein, and together with all a other sums adv~ncecl hy Mortgr~gee to oz on beh~lf of 111or:ga or pursuant to the Note or this I~1ortgage, the final maturity 1~ date ot the Note and this Mortg:~ge being ~ 2~ . 199~+ , and shal! perform all other covenants and ~ conditions of the Note, all of the terms of K•hich ;`Iote are incorporated herein hy reterence as though set forth fully here- j O in, and of any renewal, extension ar modificfltion, thereof :~nd ot this Alortgage, then this Mortgage and thc estate herehy = ~ p~ created shall rease and terrnin~te. ~ ; 4 ~ tNortgagar further convenants t~nd ~grees with Atortgagee ~~s follows: . ~ 1_ To pay ~~I! sums, inc•luding interest secured hereby when due, as prc~vided tor in the Note ar.d any renewal, extension ` or mo~e(ication thereof and in this h4ort~age, all such sums to bs payable in iaw(ul money of the Linitecl ~tstes of America k E'~ ~ at Mortgagee g afore~:~id principal office, or at such otl~er place as Mortgaqee m.~y designate in wreting. * ~ 2. To pay when due, and Kithout.re{!uiring any notice trom I~lartgagee, all t~xes, assessmenta of any type or nature i ~ and other charges levieci nr assessed against the 1liortgaged Property or this rtortgage and produce receipts therefor u~~on ~ ~ demand. To immecliatell pay and discharge .~ny claim; !ien or encumhrance against the hSostgagec~ j':a{3erty which may be l : or become su~~erior to this 111ortgaqe aad to ~~ermit no detault or delinquency on ~ny other lic~, encumbranre or chnrge ~ ~ ag~inst the I1lortgaged Proi>erly. - ~ i ~ 3_ If required hy hlortgagee, to als~ make monthly ~ieEx~sits with h1ortgagee, in a non-intetest bearing account, to- i ~ gether with and in addition to interest nnd principal, of a sum equal to one-twel(th of the yearly taxes nnd assessments which , may t~ levied against fhe rlortgaged Property, and (i( su requiredj one-twelfth of the yrarly premiums for insurance ~ thereon. The amount of such taxes, asseasments and premiums, wh2n unknown, ahall be estimated by b'fortgagee. Such ~ deposits shall be usec~ by AlortRaRee to pay such taxes, as.sessments rsnd premiums when due. Any insutficiency of such - -1- ` 80 K c~~ PAGE c~~~ ~ I_ ~ - _ . _ . _ ~ . :h .