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HomeMy WebLinkAbout0877 ~ MODIFICATION AGREEMENT THIS AGREEMENT made and executed thi~ day of[7~~.~ , 1965, by and between BURTON SMITH GRCJVES, INC., a Florida corpora- tion, hereinafter called the mortgagor, and THE FIRST NATIONAL BANK AT ORLANDO, a corporation existing under the laws of the United States of America, hereinaEter called the Mortgagee, WI~'~1ESSETH : That , WHEREAS, the mortgagor executed and delivered to the mortgage~ a certain mortgage dated Jul.y 20, 1964, and recorded in Official &ecords Book 95, Page 1.37, Public Records o~ St. Lucie County, Florida, and WHE~.F'.1~S, the parties hereto wish to add an additional para- graph to said mortgage, NOW , THERE~OFtE , _ In consic~eration of ~h~ prernises and of the sum of One Dollar ~($]..00) to eaeh of the parties hereta paid by the other party and in consideration of tk~e several and mu~ual agre~ments herein _"X ~ contained and for other good and valuable consideration, the ~ parties hereto do hereby covenant and agree as follaws: ~ r- ~ l. That there sha11 be added ~o said mortgage ir~unediat~ly ~ following paragraph numbered 9 on the third page of said mortgage : ~ t~he following; "10. Mortgagor agrees that none af the real property encumbered by this mortgage shall be incorporated into a drainage district under the laws of Florida without ~irst obtaining the written consent of the Mortgagee." 2. The mortgagor coven~nts t3~at said mortgage as herein nodi- fied is a first lien on the property described in said mortgage, as Y,erein modified, that it is the vwner of sai3 proper~ty, and that there are no other liens and encumbrances on said mortgaged prop~r~y, except that certain mortgage recorded in ~f~ici~l Records Book 39, Page 291, Fublic Recoxds of St. Lucie County, Flarida, which last mentioned mortgage has been subordina~ed to the lien af tne first above described mortgage and which subordination agreemen~ was recorded in Official Records Book 94, Page 562, Public Records of St, Lucie Caunty, Florida. 3. Nothing h~rein shall be cvnstrued fio modify sai~ mortgage except as herein specifically provided. ~ 4. Nothinr~ herein shall b~ construed to zelease the mortgagor from an~~ rab~.iga~ion ax liability und~x said moxte~~ge as herein modified. 5. This agreeraent shall be binding upon the mortgagar and it5 successors and assigns and shall inure to the benefiti of said mort-~ gagee and its successors and assigns. ZN WTTNESS «REOF ~he parties her~to have c~used these pzesents to be signed by their duly authoxized officers and ~heir corporate . ~r~l _ - - -