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ASSIGNMENT OF LESSOR'S INTEREST IN LEASE ~ ~~:~s .
KNdf~l ALL MEN BY THESE PRESENTS :
T11at W. S. DU BOSE, INC,, a Texas corporation, hereinafter called the
Assignor, in consideration of One Dollar paid by NATIONWIDE LIFE INSURANCE
COMPANY, 246 North High Street, Columbus, Ohio, hereinafter called the Assignes,
hereby conveys, transfers and assigns unto the Assignee, its successors and assigns,
all rights, interest and privileges, which the Assignor as Lessor has in and to
that certain I,ease between W. S. DuBose as Lessor and Keller Building Products of
Fort Pierce, Inc., formerly Air Control Products of Fort Pierce, Inc. as Lessee
dated August S, 197I, and assigned to Assignor by that certain Assigmnent of
Lessor's InteresC in Lease dated September 14, 1971, and filed £or record in the
office of the Clerk of the CircuiL Court of Saint Lucie County, Florida, in
Official Record Book 198, beginning at page 525, said Lease having been modified
and amended by Amendments dated May 25, 1972 and June 21, 1972, said Lease as
so amended being hereinafter collectively referred to as the "Lease", and that
certain Guaranty of the aforesaid Lease dated June ~30 , 1972, made by Keller
Industries, Inc., a true copy of the said Guaranty being attached hereto and by
this reference made a part hereof, the said Lease and Guaranty covering the real
property located in Saint Lucie County, Florida, and described as:
Parcel A: From the Southeast corner of the Northeast ~
of the Northeast ~ of the Southwest ~ of
Section 34, Township 35 South, Range 40 East,
Run west along the SouCh line of said North-
east of the Northeast ~ of the Southwest
48 feet to the West right of way line of U.S.
Highway No. 1 and the point of beginning;
Thence run North along said right of way line
138.77 feet;thence on an angle of 96~55'15"
as measured from South to West run Northwest-
erly 261.89 feet; Thence run South parallel
with the west right of way line of U.S. High-
way No. 1, 173.24 feet to the South line of
aforesaid Northeast ~ of the Northeast ~ of
• the Southwest thence run East 260 feet to
the point of beginning;
Parcel B: See Exhibit "A" attached hereto and by this ref-
ere~nce made a part hereof; -
hereinafter called the premises, together with any other leases which may now be
in existence or hereinafter made and affecting the premises or any part thereof,
and together with any modifications, extensions or renewals of the above des-
cribed lease or any other leases which may be now in existence or hereinafter
entered into affecting the said premises or any part thereof with all rents, in-
come and profits due and ta became due from the above described lease or any other
leases which may be aow in existence or hereinafter made and affecting the said
premises or any part thereof. The Assignor will, on request of the Assignee,
execute specific assignments of any future leases affecting any part of said
premises.
This assignment is made as additional securit~ for payment of that cer-
tain promissory note secured by mortgage recorded in Official Record Book 195,
, beginning at page 2051, as modified by Mortgage and Note Mo@ification Agreement,
recorded in Official Record Book 201, beginning at page 917, and further amended
and modified by that certain Second Modification of Promissory Note and Mortgage
bearing even date herewith and recorded under Clerk's File No.~ 33 S"93, all in
the public records of Saint Lucie County, Florida, and now securing a principal
indebtedness of $187,500.00 together with interest (said note and mortgage as
modified being hereinafter referred to as the bond or note and mortgage or deed of
trust) and encumbering the real property described hereinabove, and the accept-
' ance of this assignment and the collection of rents or the payments under the leases
hereby assigned shall not constitute a waiver of any rights of the Assignee under
the terms of said bond or note and mortgage or deed of trust. And it is expressly
~ understood and agreed by the parties hereto that before default occurs under the
terms of said bond or note and mortgage or deed of trust, Assignor shall have the
right to collect said rents, incrnne and profits from the aforementioned leases
~ and to retain, use and enjoy the same, provided, however, that even before de- i
~ . fault occurs no rent not due under the tenas of any of said leases shall be ~
s
Zbis instrt~ent `+as p~epeured by Donal,d L~ 3mith, _ A~tm~aey at i~ax
924 Barnett Bank Building Jacksonville, Flaside 3220'2
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