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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. . ~ ~ ~ ~ W I T N E S S E T li : . ~ ~ ~ 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 < ~ . QOdc~ f~~ ~r - ~ - - _