r '? 2i This Jinstrui;.mnt prepared by:
S.CJO)'N D. BAILEY, OR.
.~-: .' .... ,-.:.:o' ...:.r:.c~t Upchurch, Bailey and Upchurch, P.A.
. '. ;I ",-'. : c; :r.n er Ch,:.:e 501 Atlantic Bank Building
C::' -*' D" ri:,tL St. Augustine, Florida 32084
t". t o i ii ((.jri
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.D MORTGAGE DEED
THIS MORTGAGE DEED, made and executed the .. 3 day of
Sc-ptre:.ber, 1986, by SAN AGUSTIN ANTIGUO FOUNDATION, INC., a Floria
cor [orati on, hereinafter called the Mortgagor, which term shall
include the heirs, legal representative, successors and ss.igns of the
said Mortgagor wherever the context so requires or admits, to THE
SAINT AUGUSTINE HISTORICAL SOCIETY, INC., a non-profit Florida
coip oration, hereinafter called the Mortgagee, which term shall
include the heirs, legal representatives, successors and assigns of
the said Mortgagee wherever the context so requires or admits.
SWI TNESSETH: That for divers good and valuable considera-
tions, and also in consideration of the aggregate sum named in the
promissory note of even date herewith, hereinafter described, the said
Mortgagor does hereby grant, bargain, sell, alien, remise, release,
convey and confirm unto the said- Mortgagee, his heirs, successors and
assighs, all that certain piece, parcel or tract of land, of which the
said Mortgagor is now seized and possessed and in actual possession,
situate in the County of St. Johns and State of Florida, described as
Being in the City of St-. Augustine, County of St. Johns,
State of Florida, more particularly describedlas follows: .
Beginning on the North line of Cuna Street 112 feet 5 inches
westerly from the corner of Cuna and St. George Streets,
thence north 5 degrees 47' west along the line lof what was
Columbia Hotel Lot and lot conveyed to Eastman 124.5 feet
more or less, to old iron pipe and Watkins lot; thence South
83 deg. 30' West along south line of Watkins lot 29.32 feet;
thence South 6 deg.. 30' east, 48.80 feet; thence South 87
deg. 01' West 24.9 .feet more or less, to lot formerly of
Mary Ponce; thence South 8 deg. 00' East along said Ponce
lot 80 feet more or less to the N line of Cuna St., thence
East along north line of Cuna Street 50.66 to the Point of
Comnmencing at the northwest" corner of the intersection of
the property lines of Cuna and St. George Streets, which
point is also the southeast corner of Block Twelve (12);
thence northward along the west property line St. George
Street one hundred twenty-one (121) Feet one inch to the
northeast cornet of lot Nineteen (19), Block Twelve (12),
which corner is marked by a nail driven in the wall at the
junction of the Dodge House and the Watkins House and is the
point of beginning of this description; run thence south
thirteen (13) degrees east 33.5 feet to the south face of a
concrete monument or marker; thence South 78 degrees
fourteen (14) minutes west 105.3 feet to the southwest fence
corner of Lot nineteen (19) and marked by an iron pipe;
thence north eight (8) degrees twenty-one (21) minutes west
36.2 feet to the northeast corner of Lot Nineteen (19)
marked by an iron pipe thence north eighty (80) degrees
thirty-two (32) minutes east 73.33 feet to the junction of
the fence with the Watkins House; thence South nine (9)
degrees twenty-eight (28) minutes east 1.2 feet along the
FLORIDA DOCUMENTARY STAMP TAX PAID
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-.'atkins House to its Southwest corner; thence I:orth .cvelty-
seven (17) degrees nineteen (19) minutes east twenty-nine
(29) feet to place of beginning.
TO HAVE AND TO HOLD the same, together with all and
singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining and the reversion and reversions,
remainder and remainders, rents, issues and profits thereof and also
-al the estate, right, title, interest, property, sessionio, claim
and demand whatsoever as well in law as in equity- of the said
"ortcagor in and to the same and every part and parcel thereof unto
the said Mortgagee, and his heirs, successors and assigns in fee
And said i1ortgagor, for himself, and his heirs, legal
repres-entatives, successors and assigns, hereby covenants with .aid
:ortgagee, his heirs, legal representatives, successors and assigns,
that said iortgagor is indefeasibly seized of said land in fee simple;
that the said Mortgagor has full power and lawful right to convey the
same in fee simple as aforesaid; that it shall be lawful for said
"ori gagee, his heirs, legal representatives, successors and assigns,
at all Ltimes peaceably and quietly to enter upon, hold, occupy and
enjoy,,Ai.d land and every part therof; that said land is free from all
encumibrances, that said Iortgagor, his heirs, legal representatives,
successors and assigns, will make such further assurances to perfect
the fee simple title to said land in said Mortgagee, his heirs, legal
representatives, successors and .assigns, as may reasonably be
required; and that said Mortgagor does hereby fully warrant the title
to said land and every part thereof and will defend the same against
the lawful claims of all persons.whomsoever.
PROVIDED ALWAYS, That if said Mortgagor shall pay unto the
said Mortgagee the certain promissory note, of which the following in
words and figures is a true copy, to-wit:
$200,000.00 St. AugustinelFlorida
September ,, .1986
FOR VALUE RECEIVED, the undersigned promises to pay to the
order of THE SAINT AUGUSTINE HISTORICAL SOCIETY, INC., a non-profit
Florida corporation, at Post Office Box 1987, St. Augustine, Florida
32085, or at such other address as the holder may, from time to time
designate in writing, the principal sum of TWO HUNDRED THOUSAND AND
NO/100 DOLLARS ($200,000.00), with interest at the rate of eleven
percent (11.00%) per annum on all balances remaining from time to time
unpaid. Said principal and interest payable as follows:
1. Interest only on the unpaid principal balance shall be
payable monthly commencing on November 1, 1986 and continuing on the
same day of each consecutive month thereafter until October 1, 1990.
2. A $40,000.00 principal payment shall be due and payable
on or before October 1, 1987;
3. A $40,000.00 principal payment shall be due and payable
an or before October 1, 1988;
4. A $60,000.00 principal payment shall be due and payable
Dn or before October 1, 1989; and
5. A $60,000.00 principal payment shall be due and payable
an or before October 1, 1990.
IOGETHER with all costs of collection, including an attorney's fee of
a reasonable amount if collected by legal proceedings or through an
attorney at law.
JT IS .r.(~? ~-iD that -.tra pay .'.-its.;:.ay be .-le at .:ny ti;:.e t-,d
intere-t will be charged only on the un::sid bal].-nce; and t.-,t time is
of the erc-rence of this contract and in the event of a default in the
r.ayment of any installment of principal or interest for a period of
fifteen (15) days, the holder of this note may, at its option, declare
the re::.3inder of said debt due and collectible, and any failure to
exercise said option shall not constitute a waiver of the right to
exercise the same at any other time.
Presentr:-nt, demand and notice of dishonor are hereby waived
by each ,-.ka;er, endorser or other par'.y to this note..
SAN AGUSTIN ANTJGUO FOUNDATION, INC., aC a"
-y-: L . ": '
,.. .. ..
Post Office Box 1987
St. A~gustine, Florida 32085
and shall duly, promptly and fully perform,- discharge, execute,
effect, complete, comply with and abide by each and every the
stipulations, agreements, conditions ind covenants of said promissory
note and of this mortgage, then this mortgage and the estate hereby
created shall cease and be null and void.
It is understood that each of' the words, "note",
"mortgagor" and "mortgagee", respectively, and the pronouns, referring
thereto, whether in the singular or plural anywhere in this mortgage,
shall be singular if one only and shall be plural jointly and
severally, if more than one, and shall be masculine, feminine and/or
neuter, wherever the context so implies or admits. /
And said Mortgagor for himself and his heirs, legal
representatives, successors and assigns, hereby covenants and agrees
to and with said Mortgagee, his legal representatives, successors and
1. To pay all and singular the principal and interest and
the various and sundry sums' of money payable by virtue of said
promissory note, and this mortgage, each and every, promptly on the
days respectively the same severally become due.
2. To pay all and singular the taxes, assessments, levies,
liabilities, obligations and encumbrances of every nature and kind now
on said described property, an'd/or that hereafter may be imposed,
s)ffored, placed, levied or assessed upon this mortgage and/or the
indebtedness secured hereby, each and every, when due and payable,
according to law, before they become delinquent, and before any
interest attaches or any penalty is incurred; and in so far as any
thereof is of record the same shall be promptly satisfied and
discharged of record and the original official document (such as, for
instance, the tax receipt or the satisfaction paper officially
elidor!ced or certified) shall be placed in the hands of said oorl.yjagee
within ten (10) days next after payment; and in the event that any
thereof is not so paid, satisfied and discharged, said flortgagee may
at any time pay the same or any part thereof without waiving or
affecting any option, lien, equity or right under or by virtue of this
mortgage, and the full amount of each and every such payment shall be
immediately due and payable and shall bear interest from the date
thereof until paid at the rate of eighteen (18) percent per annum and
together with such interest shall be secured by the lien of this
3. To place and cortinu ously -);-r-p on the bt;ildinfs r:.w or
hc-rr-,fter sit:'.ite on said land fire and wiri, storm in:-,rance in the
usual standard policy form, in a sum not less than the full insur:ble
value in such company or companies as i-ay be approved by said
.Mort:agee; and all such insurance policies on any of said buildings,
any interest therein or part thereof, in the aggregate sum aforesaid
or in excess thereof, shall contain the usual standard mortgagee
clause making the loss under said policies, each and every, payable to
said ;ortgagee as his interest may appear, and each and every such
policy shall be promptly delivered to and held by said nortgagee; ard,
not ?ss than ten (10) days in ;advance of the expiration of cch
policy, to deliver to said Mortgagee a renewal thereof, together with
a r-ceipt for the premium of such renewal; and there shall be no such
insurance placed on any of said buildings, any interest therein or
part thereof, unless in the form and with the loss payable as
aforesaid; and in the event any sum, of money becomes payable ind1?r
such policy or policies said Mortgagee shall have the option to
receive and apply the same on account of the indebtc-Onc'ss securc-d
heieby or to permit said Mortgagor to .receive and use it or any pjr.t
thereof, for other purposes without thereby waiving or impairing ,any
equity, lien or right under or by virtue of this mortgage; and in the
event said ..ortgagor shall for any reason fail to keep the said
prc-mises so insured, or fail to deliver promptly any of said polici-es
of in urance to said liortgagee, or fail pror'ptly to pay fully any
pr-eiAm therefore, or in any respect fail to perform, discharge,
execute, effect, complete, comply with and abide by this covenant, or
any.part hereof, said Mortgagee may place and pay for such insurance
or any part thereof without waiving or affecting any option, lien,
equity, or right under or by virtue of this mortgage, and the full
amount of each and every such payment shall be immediately due and
payable and shall bear interest from the date thereof until paid at
the rate of eighteen (18) percent per annum and together with such
interest shall be secured by the lien of this mortgage.
4. To permit, commit or suffer no waste, impairment or
deterioration of said property or any part thereof.
5. To pay all and singular the costs, charges and
expenses, including reasonable attorney's fees and cost of abstracts
of title, incurred or paid at any time by said Mortgagee because
and/or in the event of the failure on the part of the said Mortgagor
to duly, promptly and fully perform, discharge, execute, effect,
complete, comply with and abide by each and every the stipulations,
agreements, conditions and covenants of said promissory note, and this
mortgage, any or either, and said costs, charges and expenses, each
and every, shall be immediately due and payable, whether or not there
be notice, demand, attempt to collect or suit pending; and the full
amount of each and every such payment shall bear interest from the
date thereof until paid at the rate of eighteen (18) percent per
annum; and all said costs, charges and expenses so incurred or paid,
together with such interest, shall be secured by the lien of this
6. That (a) in the event of any breach of this mortgage or
default on the part of the Mortgagor, or (b) in the event any of said
sums of money herein' referred to be not promptly and fully paid within
ten (10) days next after the same severally become due and payable,
without demand or notice, or (c) in the event each and every the
!stipulations, agreements, conditions and covenants of said promissory
note and this mortgage, any or either, are not duly, promptly. and
fully performed, discharged, executed, effected, completed, complied
with and abided by, then, in either or any such event, the said
aggregate sum mentioned in said promissory note then remaining unpaid,
with interest accrued, and all monies secured hereby, shall become due
and payable forthwith, or thereafter, at the option of said M1ortgagee,
as fully and completely as if all of the said sums of money were
originally stipulated to be paid on such day, anything in said
promissory note and/or this mortgage to the contrary notwithstanding;
and thereupon or thereafter at the option of said Mortgagee, without
noti ce or 4dei Tnd, suit at l aw or c.',pi ty, the letofore, or t!, rc-ft'er
begcn, n.ay be prosecuted as if all "i'onies csecurc-d hez-by h-id ;raturIed
prior to its institution.
7. That in the event that at the beginning of or at any
ti1;;e pending any suit upon this mortgage, or to foreclose it, or to
reform it, and/or to enforce payment of any claims herc rnder, said
l.ortgagee shall apply to the court having jurisdiction thereof for the
appointment of a Receiver, such court shall forthwith appoint a
R-cciver of said mortgaged property all and singular, including all
and singular the rents, income, profits, issues and revenues from
whatever source derived, each and every of which, it being expressly
understood, is hereby mortgaged as if specifically set forth and
described in the granting and habendum clauses hereof, and such
Receiver shall have all the broad and effective functions and powers
in anyvise entrusted by a court to a. Receiver, and such appointi:ent
shall be made by such court as an admitted equity and a niatter of
absolute right to said lortgagee,, and without reference to the
a:lequacy or inadequ3acy of the value of the property mortgaged or to
the solvency or insolvency of said Mortgagor and/or of the defendants,
ad that such rents, profits, income, issues and revenues shall be
applied by such Receiver according to the lien and/or equity of said
Mortgagee and in the practice of such court.
IN W1'ITfNESS WHEREOF, the said mortgagor has executed this
mortgage under seal on the day and year herein first above written.
Signed, sealed and delivered
STATE OF FLORIDA .* ..,
COUNTY OF ST. JOHNS *'-.
I HEREBY CERTIFY that on this day before me, the
undersigned authority, personally appeared ----------------------------
as of SAN *AGUSTIN ANTIGUO FOUNDATION, INC., a
Florida corporation, known to me to be the individual described in and
who executed the foregoing instrument and he acknowledged before me
that he executed the same as such officer for the uses and purposes
therein expressed and same is the act and deed of said corporation.
WITNESS my havp and official seal in the County and State
... "k -- ) l't "" ":'" "
last aforesaid this : f -_ ay of Sep"e'ri er, 19 6.
Notary Publicb State of Floridla
My Commission Expires: -. .: "
.T ".. !. .
H3SP 26 A:|!0
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O.R. 806 PG 0296
THIS INSTRUMENT PREPARED BY:
8 32 ~I John D. Bailey, Jr.
Upchurch, Bailey and Upchurch, P.A.
780 North Ponce de Leon Blvd.
St. Augustine, Florida 32085
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that the St. Augustine
Historical Society and Institute of Science, a Florida non-profit
corporation, the holder of a certain mortgage given by San Augustin
Antiguo Foundation, Inc., a Florida non-profit corporation, in the
principal sum of $200,000.00, bearing date the 26th day of September,
1986, recorded in Official Records Book 771, Page 1322, in the Public
Records of St. Johns County, Florida, on the following described
property, situate, lying and being in St. Johns County, Florida, to-
REAL PROPERTY MORE PARTICULARLY DESCRIBED IN SAID MORTGAGE
has received full payment of said indebtedness, and does hereby
acknowledge satisfaction of said mortgage, and hereby directs the
Clerk of the said Circuit Court to cancel the same of record.
WITNESS the signature of the President of said corporation,
this 2.1 day of -F., 1988.
Signed, sealed andtelivered
in the presence cf:
STATE OF FLORIDA
COUNTY OF ST. JOHNS
ST. AUGUSTINE .,.STORICAL
SOCIETY AND I .TITUT ..OF
Its: Pe ar g r .....-' ..' .' -* ,.
-* \ ..' -'; .. .. *" :
I HEREBY CERTIFY that on this day, personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, Jean Parker Waterbury as President of St.
Augustine Historical Society and Institute of Science, a Florida non-
profit corporaiton, to me well known to be the person described in
and who executed the foregoing and he acknowledged before me that he
executed the same as such officer for the uses and purposes therein
expressed and same is the act and deed of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this A/~L-day of _de ______ 1988.
E ..I*1 (*: 2'
88 DEC 21 Spit2O'
7"ZIt ciiRf~cu CB'Jfil
State of Florida ., .. .
My Commission Expires:
Notary Public, State of Florida ,t L tre ,c .
My Commission Expires Jani 24, 1992 . ;
Bonded thru Agent's Notary Broeroge