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HomeMy WebLinkAbout0730 MORTGAGE FROM MIAMI WEST DADE ACRES, INC. and INTERSTATE HIGHWAY INVESTMENT CORPORATION, AS MORTGAGORS, TO MIAMI NATIONAL BANK, AS MORTGAGEE, ENCUMBERING LANDS IN D,~1DE AND ST LUCIE_ COUNTIES, FLORIDA, DATED THE i.3~;i~DAY OF DECEMBER , 1971: ; ~ (Continuation of covenants and agreements): , It shall be a default hereunder and under the note secured hereby and the security agreement executed simu~taneously herewith if the Mortgagee is required to release, or to subordinate. its lien as to any lot or parcel within the lands encumbered hereby, by virtue of the next succeeding paragraph hereof, if, in that event, and after the release thereof, the rlortgagee shall not hold a mortgage on individual lots or parcels which are then the subject matter of contracts for the sale thereof held by the riortgagee as security under the aforementioned security agreement and having an aggregate unpaid balance equal to at least four (4) times the unpaid principal balance of the note se~ured hereby, and in such event, the Mortgagee shall thereupon be entitled to accelerate the entire unpaid principal balance then due hereunder. 24. Mortgagee, by the acceptance of this mortgage, recognizes s that the lands encumbered hereby, or sorne of them, presentZy are or will ~ in the future be subject to sale by installment sales contract, and - notwithstanding any of the conditions herein, Mortgagee agrees to sub- ordinate its lien to the rights of said installment contract purchasers, , c~Z2U i1C3TC~S LU i C1Ca5C i ii iicia ~v u:.i' ' f~i•?~ ~r~ta~tment contract purchaser upon the sole condition that such purchaser comply with the conditions of his contract. Mortgagee further agrees that this right ~ granted to bona fide installment contract purchasers shall survive any j default by Mortgagors and be effective up to the time of entry of the I final decree of foreclosure in the event this mortgage should be fore- closed. 25. In addition to any of the matters hereinabove mentioned, it shall. be a default hereunder, entitling the Mortgagee to accelerate the unpaid principal balance hereof, if the ~4ortgagor should be in default under the security agreement executed simultaneously herewith and hereinabove referred to. ~ 26. This is a first mortgage. ~ 27. Notwithstanding that each of the parcels of land encumbered hereby is owned by the riortgagor, as described on the first page hereof, the obligation which this mortgage secures is a joint and several obligation, evidenced by a single note, of both of the Martgagors, and accordingly, all of the land, as described on both Exhibits "A" and "B" attached hereto, shall be and stand as security for the said obligation in accordance with the terms hereof. t F ~ 7 ' r 2 p ~ ~ " BOOK ~~70 PAGE ~~9 , ~