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HomeMy WebLinkAbout0493 - . , MORTGAGE MODIFICATION AGREEMENT - i I THIS AGREEMENT made and entered into by and between.T.. WAYNE SKINNER and RALPH H. FOGG, First Parties, hereafter called ~ i Buyers, and GEORGE SALEEBY, JR., and MAE B. SALEEBY, his wife, Sec- and Parties, hereafter called Sellers, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other valuable aonsi,derations, agree as follows: WHEREAS, Sellers and Buyers have entered into a contract to purchase the following described property: Lots 3, 4 and 27, Block 5, TUCKER TERRACE, and improvements-thereon, located at 1807-=0kee- chobee Road, St. Lucie County, Florida; and WHEREAS, Buyers' attorney has rejected as unmarketable Lot 27 aforesaid; • and - WHEREAS, Buyers, per agreement at closing, have executed f and delivered a purchase money second mortgage and note in the amount - of $24,000.00, a copy of which is attached hereto and made a part ti..,..•.,..~ F..,- rofcaror+t~o _ 7 ~'1tP_nd1nQ that this Agreement shall supersede ~ i the contract and surva.ve closing and shall be considered a mortgage e modification agreement in the following particulars: . i 1. That closing shall proceed per the original contract on all three (3) ,lots covered by Contract, including execution and delivery of the cash at closing; assump- tion of first mortgage at Sun Bank of St. Lucie County; and execution and delivery of purchase money second mortgage, and ttbte . 2. That Sellers agree to initiate appropriate legal action to,qu~.et title and/or judicially declare the restrictive covenants, together with reverter clause thereon present- s ~ ly clouding title to Lot 27, all as contained in that certain Deed, recorded in O.R. Book , page of the public records of St. Lucie County, Florida, where- - by a court of appropriate jurisdiction declares null -and void the deed restrictions and right of reverter thereunder, contained in the above-described conveyance. 3. IT IS AGREED AND UNDERSTOOD that until such judicial s due under the purchase money declaration, all payment _ second mortgage shall be abated and shall not be due and payable until such judicial declaration and any appeal time thereunder has run, 4. a in t e event Sellers, after due diligence, are unable to accomplish the judicial action herein des- y cribed within eighteen X18) months, the Buyers shall be .entitled to a reduction in the principal balance • f, R c~ ~ • BOuK J~~ PAGE ~ 1 • ~ {1Jt11LD t. dAMXR. ATTORNiY AT LAW. rOXT OK/IOS ROX iOXX. 'ORT rICRCt. rLORIDA af.lf0. Tp.s?NONL sOFMf,i~00 . - ~ ~ -