HomeMy WebLinkAbout2326 INDEIJTURL•' OF 240RTG11GE
INDEt~TUTtE OF 2~ORTGAGE, dated as of April 11, 1974,
from T~XLAND PROPL•'RTIES CORP. (the "Company"), a Delaware
corporation, having an office c/o 'rhe Southland C~rporation.
2828 North ~iaskell Avenue, Dallas,-- Texas 75221, to T1iL' t~ATIONI~L
SZIAWt~lUT B11NK OF BOSTON (the "Corporate Trustee") , a national
banking association having its principal office at 40 Water
Street, Boston, riassachusetts 02106 and ~•7. B. tJ1illLAND (the
"Individual Trustee ) having an office at 40 ~~later Street.
Boston, Ma$sachusetts 02106, as trustees tcollectively, the
"Trustees" ) for the benefit of FIRST tJATI0:7AL STAIE IiA;JK OF
NEW JERSL'Y (the "Bank") and 13ERKSI~IRL-' LIFL' I:JSURANCE W;•~IiIdY.
LIBERTY LIFE ASSURII.'VCE CO~iPANY OF }30STON, TIiE i~P.TIO?~AL LIFE _
AiJD ACCIDEi~iT INSURANCL•' CO:•iPAt7Y, tlEi~l 'L•'13GL?,T1D l~i(~:UAL LIFE I:I-
SURANC~ COAiPAL~IY, SOUT1iERN FARP•i I3URL:Ali LIFE IIdSU:2JlIJCE CO!•~1L'tY,
UyITED BENEFIT LIFE INSURIINCE CO:iPAIdY and NISCO:ISIN PIATIO:JAL
I~ LIFE I2dSURAIr1C~ COt•'IPANY (collectively, the "I~ote Purcnasers°
and together with the Bank, the "Beneficiaries") and their
successors and assigns. .
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~ W I T N E S S E T li :
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~ TO SECURE (a) the payment of an indebtedness in the
~ aggregate principal amount of $4,693,778, with interest tnereon,
~ and premium, if any, as evidenced by (i) a 7.50$ Series A-3
~ promissory note of the Company and any renewal or extension
thereof, or substitution therefor, (the "Series A i~ote") to
~ the order of the Bank, dated 11pri1 30, 1974 and maturing on
~ April 30, 1980, in the principal amount of $844,880 and
~ (ii) seven 8$ Series B-3 promissory notes of the Comnany and
any renecaals or extensions thereof, or substitutions therefor,
~ (collectively, the "Series I3 Notes" and individually, a"Series
~i PZote" payable to the respective ,~ote Purchasers or their
a~ registered assigns, each dated April 30, 1974 and maturing
on January 31, 1994, in the aggregate principal au~unt of
= $3, 848, 89 8(the Series l1 Liote and the Series F3 :Iotes, being
~ collectively referred to as the "Notes"), which ;Iotes have been
~ iss ued under and pursuant to the Agreenents (as that term and
certain other terms used herein are defined in Article I), (b)
= the payment of any and all other ind~btedness which this Inden-
- ture by its terms secures and (c) the perfonnance of the covenar~ts
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