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Home My WebLink About0938 ~ ~ THIS I~ A nALI,00N MORTGAGE - AND TIIE FINAL pAYMENT OR L~ THE E3ALANCE UUE UPON i M~ITURI`1'Y IS $ 77,~53.93 TOGETH~R WITH ACC~UED L~' INTEREST, IF ANY, AND ALL ~ ADVANCEMENTS MAQE BY THE ~~pK~•~;A(;F: DF.EU AN~ SFCURIT~' At;REE:AfF.NT ~ORTGAGEE UNDER THE ~TERMS OF THIS MORTGAGE. THIShtURT'GAG[:Dt:E.DttheMortgagc?,datedasof -~S'e--~~r ~=--,19~U ,Gbyandbctween ~ E~7C'I~OR D~PAULA ARIAS and MAELIA DePAUL~1 AF2IA5, his wife, c~v~`~Q S ; (hereinaftercallc~iMortgagorland .~~m gi~."~ OF ~`i' I~,~TE COC~. ~ k'loric~a bankinc~ _ ~ ~ration _ ~ having an / officeat 111 Orange Avenue~ FOl"t P~erce, Florida 33450 Ih~reinaitercalleriAlortgagee); ~ ~ _ ~ W ITNf:SS~TH, that in cunside~atiun of Ihe premises and in nrde~ to secure the payment of tx~ih tl~e princi~al of, and interest and any other sums payable on the note (as hereinafter defined) ur this Mortgage and the performance and ~ obscrvance of all of the pn~visiuns hereo('and ofsaid nute, Martgagor hercby grants, sells, waRants, conveys, assign~, traRSfers, mortgages and sets ovcr and confirms unto Mortgagee. all of Mortg,agor's estate, right, title and interest in, to ~ ~ and under aU that certain real pro~erty situate in St. LuGi~ _ ~ County. Florida, more particularly described as tollow~s: : ; Lot 2 and the North 13.48 feet o~ Lot 3, Block 3, L1~1RI{ H~ ~ E5TATES UNIT ~++A, acoording to the plat thereof, as revorded in ` Plat Book 19, Page 11 of the Public Reoords of St. Lucie C.ounty, ..R ~ ~ . ,c.~ ~ Florida. . , y` ~ . ~ . { j T(X;ETHER WITH alt improvcments now or hereafter Icxated un said real property and all fixtures, appli3n- 4•~~j M ; ces, apparatus, equipment, Fumishings, heating and air conditioning eyuipment, machitr:ry and articles of personal 1{~~I~ N propc:rty and replacement thercof (other than thase owned by Icssees of said real propc;rty) now or herea~ter aF~ixed t~~, ~ attached to, placed upon, or used in any wa~• in connection with the complete andcomfortable use, occupancy, or opera- § lion uF the said real property, all licenses and pemiits used or reyuired in connection with the use of said real ~ropeny, :;1- f all leases of said real property now or hereaRerentered into and all right, title and interest of Mortgagor thereunder, in- 4.~ v,; ~ ctuding withuut limitation, cash or securities deposited thereundec pursuant ta said leases, and alt rents, isssues, pro- ~ r>~~.~.;•'~'~ ' ,;j ceeds, and p~rofits accruing from sai a rea l property an d toge t her wi t h a l l procee d~ o f t h e c o n v e rs i o n, v o l u n t a ry o r i n v o- r"3a ~ lunta of :~n oC the fore oin into cash or ti uidated claims, includin without limitatian, roceeds of insurance and ~ ~ ry Y g g_ 9 R P ~~~a~~ ti,_~ ~ ~ candemnation awards (the t'oregoing saic~ real pmperty, tangible and intangibte personal property hereinaRer referred to Q~ t~ • "collecti~•el~~ as tfie titorigaged Propeny). Mortgagor hereby grants to Murtgagee a security intere~t in the forcgoing de- _ t~}~ ' scribed tangible and intangib~e persanal property. 1 u - # . = - TO ~HAVE AND TO HOLU the 141ortFaged Pcoperty, together with all and singular the tcnements, heredita- ~~~E ~itliillli ~ - ; ments and appurtenanccs thers;unte~ belonging or in anywise appenaining and thc re~~ersion and reve~sions there~f and ~ a ~~i all the estate, right, t~tle, in[erest, homestead, duwer and right of dow~er, separate estate, ~ssession, claim and demand' ~ 1 7. . 1 t ~ : whatsc~e~•er, as well in law as in equity, oi Mortgagor and unro the same, and every part thereot. with the appurtenances = of 1~9ortgagor in and to the samE, and every part and parcet thereof unto Mortgagee. ~'~y~KjY ~ ~ . - r ' . - - ; i`~ = (1lortgagor w~amants that Mortgagor has a gocxi and marketable title to an indefeasible fee estate in thc rea! prop- ~ eity cumNrising the Martgaged Prope:rip subject tu no lien, charge orencumbrance exrept such as Mortgagee has agreed ~ ' to accept in writing and hiortgagor co~~enants that this A7ortgage is and will remain a valid and enforceabte mongage on ~ x th~ h1artgaged Properly subject only to the exceptic~ns herein pro~~ided. rlortbagor has tull poaer and lawful authority Y _ ,`y ro mortgage Ehe tilortgaged Propesty in th~ manner and iom~ hercin dune or intended hereafter to bc done. Mortgagor y s - will preservc such title and w•iU f~~rever w~nsnt anJ c1e(enJ the tiame to ~1~tortgage: and will forc~~er wacrant and defend : ~ the validity and priority of the lien hemof against the claims of all persons and paeiies whomscever. ' i ~ . ~ - ~ ~ \4origagor w~ill, at the cost uf I~iortga~or, and withoul eapc:nse ta Morigagee, do, execute, acknowledge and de- ~ ~ liver all and every such further acts, deeds, co~•eyances, murtgages, assignments, notires of assignm~nt, iransfers and ~ ~ assurances as ~lortgagee ~hull fcom tin~c to time reyuire in urder to preserve the priority of the lien of this Alartgage ar to _ facifitare the per(ormanre of the trrms hercof_ ~ ~ ' - ~ ~ ~ ' ~ ~ PROVIDED, KOVVEVER, that if ~4ortglgor shall pay to htortgagee the indebtedness in the prin~ipal sum of ~ 5 82,000.00 ase~~idPncedbythatcertairpromissorynote(thel~otel,ofevendateherewiih,oranyrenewalor ~ i replaremcnt of sucii ~+ote, executed by Mortgag~r and payabfe to order of hlortgager, with interest and upon the terms as pro- ~ ~ vided therein, a~d together w•ith all other sums adv~nced by titortgagee to or on behalf of Mortgagor pursuant ro the Note o: . _ ~ this Mortgage, the final ~naturity date of the Note and this Mortgage as specified in the Note and shail perform all other ~ covenant~ and cc~~~itions of the Note, all of the terms of whicn No?e are incorporated herein by re~erence as though set torth ful- ly herein, and of any rene+val. extension or mocliGcati~n, thereof and ~~f ihis :liong:3ge, then tfiis Mo~tgage and the estate hereby ~ ~ created shall cease and terminate. _ ~ ~ ~ Mortgagor fu*ther co~enants and agrees with ~tortgagee as folfow~s: . ' ~ . . ' - ~ : b~ I. To pay all sums, including interest secure~l hereby when due, as provided for in the Note an.: a~y renewa4, ~ tn ' ext~nsion or mociificati~n thereof and sn this h4or[g3ge, aU such surns to be payeble in lawfu! money of the United 5tates ~ ~ ~ of Amer.ca at `'lortgagee's aforesaid principal office, or at such othPr place as A'[ortgagee may designat~ in writing. ' - _ - _ 2. To pay when due, and v?•ithout reyuiring any notice trom tilortgagee, alf taxes, assessments of ~ny iypc or ~ nawre and other sharges levied or assessed against ihe Mortgaged Property or this Mo~tgage and produce r~ceipts there- = fnre upon demand. To immediately pay and discharge any claim, lien or encumbrance against the Mo[tgaged Propeny ' ~.c~ ~ which may be or become su~rior to this hlorigage and to permit no default or definquency on any ottier lien, encum- _ ~ M brance or charge against the MorEgaged Property. - " F ~ ~a . . ~ ~ 3. If required by Mortgagee, to also make monthly deFos+ts with Mortgagee, in a non~ interest bearing ac- ~ a•~ count, together with and in addition to interest and principal, of a sum equal to one-t~~e1Rh of the yearly taxes and as- z o sessments Hhich may be levied against the Mo:tgaged Property, and (if so required)one-tEVeUth af the yearly premiums ~ for iisurance thereon. The amo~ni of such taxes, assessments and premiums, when unknown, shall be estirrzated by ai Mortgagee. Such deposits shall be used by Mortgagee to pay sucfi iaxes, assess;nents and premiums when due. Any in- F. ~ sufficiency of such account to pay such sliarges when due shall be paid by Mo~`gagur to Mongagee on demand. !f, by ~ a reason of any defauit by Mortgagor unde~ any pravision af this Mortgage, I~4ortgagee declares atl sums ~ecured hereby c~ to be due and payable, Mongagee may thcn apply any funds in said acceunt against the entire indebtedness s.:cured d~oaea-ooo-~ N e a, $ JOX t~t.7t7 P111:= Jt,t7 ~ - _ . _