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front feet along the Atlantic Ocean to which Defendants would be
entitled to have released would be the total principal paid divided
by 400, resulting in a total of 1,349.1418 feet to be released.
However, inasmuch as Paragraph 6 of the mortgage requires that the
parcels must have a minimum frontage along the Atlantic Ocean of 100
feet, the maximum amount of property which Defendants will be
entitled to have released from the lien of Plaintiff's mortgage upon
compliance with the requirements of Paragraph 7 is a total of 1,300
front feet measured along the Atlantic Ocean and extending westerly
to the Indian River. This maximum front footage is subject to the
further reservation that Plaintiff, under the provisions of Paragraph
6(d)(3), will at all times retain a tract of land in depth east to
the Atlantic Ocean and west to the Indian River no less than 400 feet
in width in any place, and this parcel shall be released only on
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payment in full of all principal, interest, costs and reasonable -
attorneys' fees due on the promissory note and mortgage.
DO E and ORDERED at Vero Beach, Florida, thi day of
1979. s
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~ Copies forwarded to:
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Thomas H. Thurlow, Esquire -
~ James L. S. Bowdish, Esquire
~ '
PN 2~ 37
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