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HomeMy WebLinkAbout0503 4:~5~33 ~ / RECORDING RE~UESTED BY Space Be%w This Line for Recorde~'s Use - ANO When Reco~ded, Mail to MNB FINANCIAL CORP. 120 Howani Street Suite 475 San Francisco, CA 94105 DECLARAT~ION AND WAIVER ~ Tne unders~gned ~n consideration of MNB FINANCIAI COP.P. ("MNB") now or hereafter teasing or othervwse eztend~ng tinancia~ accommodat~on ,,,~tn respect to cerain equipment snd persona~ proptrty to {~10RLD OF PLASTICS ~ INC . 1"Customer"1 ~n accordance w~th the terms ot that ctrtain least or puipme~t financing agreement, as appropriate, dated January ~i ,~g ~9 , ~nd any other lesses or other ayreemeots Aereatte? betwean MNB and Customer aod for other good and valuable co~s~de~at~on, rece~pt whereof ~s hereby acknowledged, does hareby agree, waive and undertske as follows: 1. Neither such equipmem and personal property or any portion tAereol shall become or be a part of or an scceu~on or add~tion to or a fixture on tne real p~operty hereatter destnbed even though it is installed tAereon ot in fome manner attached thereto: ~or shall wM equioment or persona! pro- uerty or any portion thereof be moved from such resl property uatil MNB's written consent theroto shatl frst be had and obtsined. 2. The undeni~ned sha~1 xquire no tiile to or i~terest in such equipment and perso~al p~operty or a~y portion thercot by virtue of such ~nstatiat~on o~ attachment. The undenigned further wsives a~~y right to seize. o? to claim any interest whatsoever in, said equipment and personal property ar any po•[~on thereot on account of sny claim or riqht the undersipned may hsve sgainst any person, i~cluding, without I~mitation anY claim or right the undenigned mey hava or assert apsinst Customer, by IeW oi distraint w otherwise. . 3. MNB may st any time, at its optio~, enter upon the property upon which said equipment and personal prope~ty or a portion thereof is located. and ~nspect or remove said equipment snd perso~al property or a portion thereof at its sole cost and expense, and it agrees to make such repa~rs caused by any such removal to the extent reasonabty neceuary to restore such property to its co~dition immediatety prior to such removal. Notwithstand~ng cne fo~eqoing, a~d without prejudice to such other remedies as it may have, it MNB's entry and remova~ of any such equipment and personal property foiiows the undenigned's breach o( the covenants contained in Paragraph 1 Aereof, MNB shall not be I~ab1e either for costs ot or for damages to the real c~: operty susta~ned by the undersigned as a result of the removal of said equipment and pe?so~al property. 4. All of the terms and co~ditio~s of the Waiver shs~~ be b~nd~ng upon the heirs, successors in interest, assiqns orencumbrancersof the undersig~ed. and shall inure to the benefit of MNB, its successon and assigns. As used herein the te~m "Customer" shall inc~ude the successors ~n interest and assigns ot Custome.. The re ro ty u n which uch u~ ~t d r nal s 1 i a h hi i ~e~ prP°oper~y ~s°"~o~a~~ o~°PY~t °~~~i°~i~t~ d~~ ~b~ 36 of parcel 2. Executed this 26 day of January t9 79 , at Ft. Pierce, FL Wor d of P as cs, In . . S~ ' 1 • ~ ; _ , MOftf~MJEl.~MN4- , . i - _ Strike out inapplicable capaciiies-) _ (seal) ~ 4 ~ ~It+nterest is held ~ointty o. in common a~t jo~~t tenants w tenaMS in commo~ must execute this document.) i k - l i NOTARIAL ACKNOWLEDGMENTS , ~ ~ INDIVIDUAL OR PARTNERSHIP: 0 a ~ STATE OF ~ ~ COUNTV OF ~ § On this day of , 19 , before me personally came ~ co me known to be the person described in and who executed the foregoing instrument, and acknowfedged that he executed the same ~ ! ~n his capacity as a partner and as the act of the partnershipl. ~ In witness whereof I hereunto set my hand and officiat seal. x Y " iSEAL) ~ k Notary Public ~ ".ty commission expires: - ~ ~ n ~ s; - CORPORATE: STATE OF F10T'1c~8 I_~. ~ couNnr oF St . Lucie . f " On this 26th day of Ta*n~ai'~_, 19~~. , before me personally came David Stuart John C. ~ to me known to be the Prpsi r~p.,t ~ E~~~~~~ve V1Ce of the cwporation$hat executed the foregoing inst`~ ument ~ and to me known to be the person who executed said instrument on behalf of said oorporation, and acknowledged that such corpora- . t~on executed the same pursuant to its By-la~nrsora resolytion of its Board of Directors. - In witness whereof I hereunto set my hand and Okic`~8t seal. ~ ~ f'F L 3't.c- / f_ j~.~C~' 1~' ~ ~ lSEAL) ' ~ ` - ~ Notrry Pub/ic ~ !dy commission expires: ~ . ~ - ! -007 (5-i7) = 3QC!! W~ '~kt:~ VOV - - - ~ - - ~ ~ ` ~ . t - - = y - .