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HomeMy WebLinkAbout2835 43'~Q~9 . j ~ STATE OF FLORIDA COUNTY OF ST. LUCIE ATTORNMENT AGREEMENT THIS ATTORNMENT AGREEMENT, made and entered into by and between JOHN H. SUTHERLAND, an undivided 1/4th interest; JONNIE DAHLSTROM, an undivided 1;2 interest; and LAURA B. HANCOCK, an undivided 1/4th interest ("Mortgagees"), parties of the first part, and FAIRLANE/LITCHFIELD CO., INC. ("Fairlane"), party of the second part, W I T N E S S E T H: WHEREAS, Mortgagees are the owners and holders of the promissory note and deed of trust covering the real estate described on Exhibit "A" attached hereto and made a part hereof, said deed of trust being recorded in Book 295 , on Page 1911 in the St. Lucie County, Florida, Public Registry. , WHEREAS, Fairlane proposed to lease the premises described on Exhibit "A" from Ronald C. Kutschinski; and WHEREAS, for better enabling Mortgagees to receive and enforce payment of said deed of trust and to protect Fairlane, its successors and assigns in connection with the lease of said premises described on Exhibit "A"; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. Mortgagees hereby recognizes the interest of Fairlane under the lease and covenants and agrees that possession of Fairlane and the enjoyment of the rights granted under the lease will not'be disturbed until such time as Ronald C. Kutschinski, his successors or assigns, shall have the right to terminate the _ lease or to recover possession of the premises described on Exhibit "A". E 2. Fairlane covenants and agrees that if by reason of default on the part of Ronald C. Kutschinski that Ronald C. ~ Kutschinski's ownership of the premises described on Exhibit k "A" is terminated through foreclosure proceedings brought by Mortgagees, their successors or assigns, Fai-rlane will attorn to the purchaser in foreclosure proceedings, as the case may be, and will recognize such purchaser as Fairlane's Landlord under this lease. 3. For the purposes of this agreement only, Fairlane waives the provision of any statute or rule of law now or hereafter in effect which may give Fairlane any right or 4 election to terminate its lease agreement with Ronald C. Kutschinski, or to surrender possession of the premises _ ~ described on Exhibit "A" in the event such foreclosure pro- ceedings is brought by Mortgagees, their successors or assigns pursuant to said deed of trust. 4. The parties hereto agree that the provisions of this agreement-shall be binding upon trustees in deeds of trust, 60GK 304 ~Ac~ 2$32 ; _ { -