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HomeMy WebLinkAbout1315 • This instrument prepared dy ~ - 2~~~~ . Tracy N. Mf ller 3445 Peachtree Rd.N.E. Atlanta, Ga. ~ SECOND MODIFICATION AGREEMENT Thi s agreement, made and entered into this ~ day of - , ~ 1972 by and between Andrew Ellison, Successor Trustee, of Broward Cour~ty, Florida ("Ellison"), and Holiday Out in America at St. Lucie, Inc. ("Holiday Out"). a Florida corporation; ~ STATEMENT OF FAC7S 1. On auly 25th, 1967, Holiday Out entered into a Martgage Qeed with A, Paul Young as Trustee, said Mortgage Deed being recorded in 0. R. Book 167, pages 2238 through 2242 ("Mortgage No. 1"); 2. On July 25, 1967, Holiday Out entered into a Mortgage Deed with A..Paul Young, 7rustee, said Mortgage beinq recorded in 0. R. Book 167, pages 2243 throuqh 2248 ("Mortgage No. 2"); 3. On June 16, 1971 Noliday 0ut entered into a Modification Agreement ("Mod- ification Agreement") with Ellison, modifying Mortgage No. 1 and Mortgage No. 2; 4. ihe parties hereto desire to more fully clarify their respective obliga- tions and rights under Mortgage No. 1, Mortgage ~fa. 2 and Modification Agreement: AGREEMENTS Irr consideration of Ten (~10.00) Dollars cash in hand paid,~the premises and - other valuable considerations, the receipt and sufficiency of which are hereby ac- knowledged, Ellison and Holiday Out hereby agree as follows: l. Ail of the real property shawn on Plat entitled "Holiday Out in America at St. Lucie, Inc.~ executed by St. Lucie County on September 12, 1967, and filed in Plat Book 14, page 28, public records of St. Lucie County, and all of the real prop- erty shown on Plat called "Holiday Out in America at St. Lucie; Inc., executed by ; ! St. Lucie County on October 15, 1968, and filed in P~at 8ook 14, Page 44, public i ~ ~ . f records of St. l.ucie County, Florida, not now released from lien of said Mortgage s ~ "to. 1, Mortgage No. 2 and Modification, said real property being listed on Exhibit 'A: F e attached hereto and made a part hereof, shall be released from said lien as foltows: i f ` a. Any lot shown on said~piats, irrespective of its size and contiguity with s any other iot released or unreleased, will be released upon payment to Elli- ~ ' son of $1,000.00. ~ ~ ? b. Any release requested on a lot pursuant to the provision of Section 'a' s s hereof shall be granted up to the date of any final decree of foreclosure pur- € = suant to Mortgage No. 1 or Mortgage Yo. 2 as modified by Modification Agree- ~ ~ " ment. 8 ~ . ~ c. Any lot not shown on Exhibit 'A' hereof is hereby released from the lien e ~ of Mortgage No. 1, Mortgage No. 2 and Modification Agreement and the recording ~ ~N ~ ~ . ~ _ ~