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peaceably and quietly enter upon, have, hold. and enjoy said property. _
and every part hereof; that this Mortgage is and will remain a valid and
enforceable lien on the mortgaged property; that said property is free and
discharged from all liens. encumbrances, and claims of any kind. including
taxes and assessments; and that the I~lortgagor hereby fully warrants unto
the Mortgagee the title to said property and will defend the same against
-the lawful claims and demands of all persons whomsoever. ,
NOW, THEREFORE, the condition of this Mortgage is such that the
indebtedness evidenced by that certain Promissory Note, herein sometimes called
"Note or "Mortgage Note", dated December 22, 1978, made by BAL HARBOUR 101,
I LTD., a Florida Limited Partnership, payable to BANK HAPOALIM, B. M., IN THE .
f principal sum of $5,000,000.00, which Note has been assigned to Mortgagee,
i and amended on January 2, 1979, the obligor shall perform, comply with and
abide by each and every of the stipulations, agreements, conditions, and
covenants contained and set forth in this Mortgage and in the Promissory Note,
as amended, secured hereby, then this Mortgage and the estate hereby created t
shall cease and shall be null and void.' All reference in this Mortgage to i
Mortgagor shall mean and include BOCA TEECA CORP., a Florida corporation, and ;
CAL KOVENS, Individually and d/b/a SEARSTOIdN SHOPPING CENTER, collectively. j
AND the Mortgagor does hereby co~•enant and agree: `
1. To perform . comply with and abide by each and every of the stipulations,
agreements. conditions and co~renants contained and set forth on said promissory ~ it
note and this mortgage deed . 1
2. To permit, commit or suffer no waste and to maintain the impio~ements
I at all times in a state of good repair and condition; to comply with, or cause
to be complied with. all statutes. ordinances and requirements of any governmental!
or other authority relating to the mortgaged property; and to do or permit
to be done to said premises nothing that ~~•ill alter- or change the use and ;
character of said property or in any way impair or Keaken the security of
this mortgage. And in case of the refusal, neglect or inability of the Mortgagor ~
to re air and maintain said ro ert :
p p p y the Aortgagee may , at its option. make i
such repairs or cause the same to be made. and advance monies in that behalf.
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3. That no building or other property now or hereafter covexed by '
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the lirn of this Mortgage shall be removed, demolished or materially altered.
v~•ithout the prior written consent of the iviortgagee. 1 -
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4. That Mortgagor will promptly pay and discharge any and all license s
fees or similar charges. together with any penalties and interest thereon, i
which may be imposed by the jurisdiction in which the Premises are situated '
~ for the use of vaults, chutes, areas and other space beyond the lot line and jj~
under or abutting the public sidewalks in front of or adjoining the Premises; t
that Mortgagor will promptly cure any violation of la~v and comply with any i
~ order of said jurisdiction in respect of the repair. replacement or condition ~
of the sidewalks or curbs in front of or adjoining the Premises; that, if Mo1tgagor i
shall default in making such payment and obtaining such discharge or in
curing any such violation. Mortgagee may make such payment. together 1
with penalties and interest thereon, and obtain such discharge, and cure
any such violation, and the amount of such payment and the expenses incurred '
F by Mortgagee in obtaining such dischargE~ and curing any such ~•iolation
shall thereupon be secured by this Mortgage and become a lien on the Mortgaged !
Property: and that Mortgagor will repa~? the amount of such payment and
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SAW O>'rlCtl, M[Y[R, rVtiii, 1101! A A111(IN, IINAMCIAL F[O[RAI, sUl_OfNG, MIAMI 0[ACN• /l.0l~IDA 3j139
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