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HomeMy WebLinkAbout0323 SUBORDINATION, NON-DISTURBANCE AND ATTOR~'IENT AGREEMENT ~ ~3~$ THIS AGREII~iENT, cnade this day of fi'_ ' 1974, between FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LARGO, a corporation existing under the laws of the United States of i America, (hereinafter called "Federal") and WINN-DIXIE STORES, INC., ~ ~ , a Florida corporation, with an office at 1051 S. E. 8th Street, ~ ~ ~ Hialeah, Florida, and post office address of P. O. Box 352, Biscayne ? A.-~nex, Miami, Florida 33152, (hereinafter called "Winn-Dixie"); a WITNESSETH: WI~REAS, Winn-Dixie has entered into a certain Lease dated October 12, 1973, between Melvin F. Sembler, joined by his wife, ~ ~ s Betty S. Sembler; Albert L. Dangler, joined by his wife, Charlotte ~ , ~ ~ ~ Dangler; Nicholas Manos, joined by his wife, Dorothy A. Manos; and ~ , 3 Fred A. Beshara, a single man, individuallv and as Trustee under ~ ~ Trust Agreement dated May 27, 1972 with~Grace L. Franklin, as Iandlord, ~ 0. ~ ~ ; and ~,Tinn-Dixie Stores, Inc. , as Tenant, of a store building to be s ~ _ L;~ ~ constructed within a shopping center development located at the N. 4~'. ~ , ; ~ corner of U. S. Highway ~~1 and Rio Mar Drive in the City of Port St. ~ ~ Lucie, County of- St. Lucie and State of Florida, for an initial term ~ ~ p of twenty (20) years from the date when the Tenant opens its premises e ' ~s for the transaction of its business, the shopping center being more ~ - s* particularly described on Exhibit "B" attached hereto and by this ~ ~ ~ ' ~ reference made a part hereof, a short form of said lease being recorded 3 ~ : ~ ~ in Offici~l Record Book 220, page 2790 of the Public Records of St. _ ~ = ~ Lucie County, Florida, (which lease is hereinafter referred to as the ' ~ "Lease"); and '-j WHEREAS, Federal has been requested to accept a mortgage ~ in the principal amount of $1,300,000.00 (herein, together with any modification, consolidation, extension, increase or renewal thereof, , = referred to as the "Martgage") to be made by the Landlord hereinabove ~ described, as Mortgagor, to Federal, as Mortgagee, securing a loan to ~ ~ be made by Federal and covering all or a portivn of the shopping center ~ ~ premises above described, but Federal is unwilling to make such loan This instrument Was prepared by ' Francis P. Hamilton, Attorney- =f_:r pMERiCAN 80~lDED TITL£ C~~P. at-Lavr vhose address is 505~ lll N. CLEARWATER-LARGO RJ. Edgevoc~d Court, Jacksonville, - LpRGO, FLORIDA 33`.~4~ Florida 32205 ~ 90011 ZGU PACE 3~+- - - - - - - - - , ~ ~ - -