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Home My WebLink About2778 R«, z y ~ 10 2 3 0 0 5 iso. o, i'r~pared by: Bernice Broughton P. 0. Box 8 ~,,,T . L o o.~~ }~'nrt Pi c~rrn - F1 Zl.4SG MORTGAGE DEED AND SECURITY AGRFEMFNT THISMORTGAGEDEEDItheMortgagel,datadasof Januar_y 25, ,~g 90 ,hyandbeiween HOPELAND PLANTING COMPANY, INC., a Louisiana CorForation IhereinaftercalledMortgagorland SUNBANK/TREASURE COAST~ NATIONAL ASSOCIATION , having an officeat 2400 S.E. Federal Hwy., Suite 100, Stuart, FL 34994 ~hereinaftercalledMortgageel; W ITNESSETH, that in consideration of the premises and in order to secure the payment uf both the pnncipal of, and interest and any other sums payable on the note (as hereinafter defined) or this Mortgage and the performance and observance of alt of the provisions hereof and of said note, Mongagor hereby grants, selh, warrants, conveys, a~~iKn,, transfers, mortgages and sets over and confirms unto Mortgagee, alt of Mortgagor's estate, right, title and interest ~n, to and under all that certain real property situate in St . Lucie County County, Flo: ida, more particularly described as follows: ' ' x,~_~, ll~_ nr-T•--T Tln{ON THIS IS A SECOND MORTGAGE ~ f C::,.sit Court See attached Exhibit "A" made a part hereof~ 1,.. ; .~G~ • (!l~ r3Y ~ ~t~~ Dep Clerk Tut,n! g TOGETHER WITH al! impruvements nuw or hereafter Iocated on said real property and all fixture~, ap~li~n- ces, apparatus, equipment, furnishings, heating and air conditioning equipment, machinery and articles of personal i property and replacement thereof (other than those o~rned by lessees of said real property ) now or hereafter affixed to. ~ attached to, placed upon, or used in any way in connection with the complete andcomfortabie use, occupancy, or opera- ~ tion of the said real property, all ticenses arxi permits used or required in connection with the use of seid real propeny, all ieases of said real property now or hereafter entered into and all right, title and interest of hlortgagor thereunder, in- i cluding without limitation, cash ur securities deposited ~hereunder pursuant to said leases, and all rents, is~ues, pro- ~ ceeds, and profits accruing from said real property and together with all proceeds of the conversiun, voluntary or invo- i luntary of any of the foregoing into cash or liquidated claims, including withuut limitatiun, pnxeeds of in~urance and ~ condemnation awards (the foregoing said real property, tangible and intangible personal property hereinafter referred to ~ collectively as the Mortgaged Property). Mortgagor hereby grants to Mortgagee a secunty interest in thr fureg~?ing Je- ~ scribed tangible and intangible personal property. TO HAVE AND TO HOLD the Mortgaged Property, together wilh all and ~ingul~r the renement~, heredita- ~ ments and appurtenances thereunto belonging or in anywise appertaining and the reversion and rever~iom thereof and ! all the estate, right, tide, interest, homestead, dower and right uf dower, ,eparate e~tate, posses~ion, rlaim and demand ~ whatscever, as well in law as in equity, of Mortgagor and unto the same, and every part thereof, with the appurtenance, uf [~1ortgagor in and to the same, and every part and parce! thereof unto Mortgagee. Mortgagor warrants that Mortgagor has a good and marketable titie to an indefeasible fee estate in the real pr~~p- ert}• comprising the Mortgaged Property subject to no lien, charge or ~nc!~mhr%±ne•P ~x~_en~ .~~~-h Ac M~~rro~~PN h:~.:±~rNP~i to accept in writing and Mortgagor covenanis that this Mortgage is and will remain a valid and enforceable mortg:~ge un the Morigaged Property subject only ro the exceptions herein provided. Mongagor has full power and law•ful :~uthurity ro mortgage the Mortgaged Property in the manner and form herein done or intended hereafter to be done. Mortgagor f w ill preserve such title and wiil forever warrant and defend the ~ame tu Mortgagee and will forever warr:~nt and Je(end the validity and prioriry of the lien hereof against the claims of all persons and parties whom>cever. Mortgagor will, at the cost of Mortgagor, and without expense tv Mortgagee, do, exec~te, acknuwle~ge ~nd de- livPr all aan~~ ~Y~~ c~~rF~ fnrfFwr ~(-tc IIPPl~C (`l~VPVOfl!`PC (T~1f~090PG CIIl~Of1TPT~? P.CIStiS U! 3=c;nnsnnrt rr~S;~f~:c ~^~I . .....~1~"'~..• '.."b~0'..• ~'"..'O.. b.. a~tiurances as Mortgagee tihall Gom ~ime to time reyuire in order ~o preserve the priurity ol thr lien uf this Mortgagr i~r ti~ facilitate the performance of the terms hereof. . PROVIDED, HOWEVFR, that if Mortgagor shall pay to Mortgagee the indebtedness in the princ;pal sum of 5 100, 000. 00 as evidenced by that ce.rtain promissory note Ithe Notel, of even date herew ith, or any renewal or replacement of such Note, executecl by Mortgagor and payable to onler of Mortgagee, with interest and upon the terms as pro vided therein, and together with all other sums advanced by hlortgagee to or on behalf of Mortgagor pursuant ro the Note or this Mortgage, the final maturity date of the Note and this Mortgage as specified in the Note and shall perform all other covenants and conditions of the Note,all of the termsof w~hich Note are incorporated herein by reference as though set forth ful ly herein. and of any renewal, exrension or modification, thereof and o( this Mortgage. then this Mortgage and the estate hereby created shal! cease and rerminate. Mortgagor further rovenants and agrees with Mortgagee as fe~llow~: 1. To pay all sums, inciuding interest secured hereby when due, as provided fur ~n the Note and any renew al. extentiion ur me~ification thereof and in this Mortgage. all such sums to be payable in I~wful me~ne} uf the United Statc~ of America at Mort~agec's aforesaid prircipa! of~:~e, or at such other place as hlortgagee may designate in writing. To pay when due, and without requiring any notice frvm Mortgagee. all taxes, a.~eti~mentti cif ~?ny t} ~ or r.ature and other charges levied or assessed against the Mortgaged Property or this Mortgage and prc~duce receipts there- Core upun demand. To imn~ediately pay and discharge any claim, fien or encumbrance again~~ ~he Mongaged Prupeny which may be or be~ome superior to this Mongage and ro permit no default or delinyuensy on any ottier lien, encum- brance or charge against the Mortgaged Property. 3. If reyuired by Mortgagee. to also make monthly de~sits with Mortgegee, in a non-intere~~ beanng ar- count, tugether w ilh and in addition to interest and pnncipal, of ~ tium eyual t~~ une-~welfth ~~f the ye~rly taxeti anJ a.- ~es~ments which may be. levied against the hlortgaged Propeny, and (if so required) one-twclfth af the yearly~ premiums ~ wa~-ooo-~ ad se 0 R~~~ ~ 1 f C~ ~r,.r C~r,~ + ti, ,.;_,r~~-~~~~"M'~"~-~m