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HomeMy WebLinkAbout2144 for the payment of any money by reason of any contained in the Agreement for Purchase and Sale of Business and Real Property or in the Note or in this Mortgage. The Mortgagor and Mor~gagee understand that the Mortgagee has the remedy of either foreclosing this Mortgage or foreclosing its secured interest in the equipment and liquor license as provided in separate Security Agreement but notwithstanding that fact, the Mortgagee shall have the right to seek a deficiency judgment should the Mortgaged Premises be foreclosed upon. Notwithstanding the existence of the First and Second Note and the First and Second Mortgage, as both modified or to be modified, and notwithstanding whether the principal indebted- ness under said First and Second Note and First and Second Mortgage is or will be credited on account of the sum owing under the-Note secured hereby, it is agreed that the Mortgagor (including without limitation all present and future partners in and of the Mortgagor) has not, and will not, become liable for, and does not and will not directly indirectly, expressly, or impliedly, primarily or secondarily., or otherwise, become liable for, or assume any indebtedness for or under the said First and Second Mortgage and First and Second Note, as both modified or to be modified or any obligation in connection with any of said instruments by way of indemnity or otherwise, to the payee or holder of the Note or the payee or hold of the First and Second Note or any party named in the First and Second_Mortgage, or the holder or beneficiary of either this Mortgage or of the First and Second Mortgage, or to anyone else, for principal, interest, or any other sums payble or to become payable under or by reason of, either of said Mortgages or the. Note or the First and Second Note or any obligations or undertakings in connection with any of said instruments. The provisions hereof shall inure to the benefit of the Mortgagor and their successors. However as previously stated, the Mortgagee may have the right to assign its right, title and interest in and to-this Wraparound Mortgage-Deed and the Purchase Money Mortgage Note, but the Mortgagor shall have no right of assignment of their rights or duties under this Wraparound Mortgage Deed or'the Purchase Money Mortgage Note secured by it. I' All notices and other communications to the Mortgagor shall be mailed by first class registered or certified mail, return receipt requested, postage prepaid, addressed to Mr. and Mrs. Craig C. Matthews, at 1104 Alameda Avenue, Fort Pierce, ~ Florida 33450 or such other address as may have been last furnished ~ to the Mortgagee in writing by the Mortgagor. Any notice of default must specify with particularity the default claimed by the Mortgagee. x All notices and other communications to the Mortgagee shall be mailed by first class registered or certified mail, return receipt requested, postage prepaid, addressed to United Partners III, Inc. at Post Office Box 3430, Fort Pierce, Florida 33450 or such other address as may have been last furnished by. a the Mortgagor in writing by the Mortgagee. IN WITNESS WHEREOF the undersigned ,CRAIG C. MATTHEWS and BARBARA Y. MATTHEWS,HIS WIFE,have executed this age Deed on the day and year first above written. ~ / ~ J j ~ ~ x ~ Craig- at ews ` \ ' ? Bar ara Y . Ma; t ews 's'~ ~ B~Rr3U1 ~~~~~2~39 Page Four