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ATTORNMENT AGREEMENT
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THIS ATTORNMENT AGREEMENT, made and entered into by
THE FIRST CITRUS BANK OF INDIAN RIVER COUNTY, successor by
merger to the Westside Bark of Vero Beach, Vero Beach, Florida,
hereinafter referred to as "Mortgagee" and FAIRLANE/LITCHFIELD
CO., INC., hereinafter referred to as "Fairlane",
W I T N E S S E T H
WHEREAS, Mortgagee is the owner and holder of the
promissory note and mortgage covering the~real estate described
in Exhibit "A" attached hereto and by reference made a part
hereof, said mortgage being dated July 3, 1973 and recorded
on July 24, 1973 in Official Record Book 216, at page 2152,
public records of St. Lucie County, Florida; and
WHEREAS said mortgage has. been modified by Agreement
Sated April 25, 1978 and recorded on May 8, 1976 in O. R.
Book 286, page 1307; and
WHEREAS, Fairlane proposes to lease the premises
described on Exhibit "A" from Ronald C. Kutschinski; and
WHEREAS, for better enabling Mortgagee to receive and
enforce payment of said mortgage 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:
I' 1. Mortgagee 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 distributed 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
g premises described on Exhibit "A".
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
"A" is terminated through foreclosure proceedings brought
by Mortgagee, its successors or assigns, Fairlane 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
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
F. proceedings is brought by Mortgagee, its 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, mortgagees in mortgages and receivers and purchasers
in any sale pursuant thereto. i
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