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the Mortgaged Property, or the~use thereof, and shall promptly
repair, replace or rebuild any part of the Mortgaged Property
wh ich may be damaged or destroyed by any casualty ( includ ing
any casualty for which insura~ce was not obtained or
obtainable) or which may be affected by any proceeding of the
character referred to ia paragraph 6 hereof and shall complete
and pay for, within a reasonable time, any structure at any
time in the process of constructi.on or repair on the Premises.
If such casualty shall be covered by the Policies, Mortgagor's
obligation to repair, replace or rebuild such portion of the
Mortgaged Property shall be contingent upon Mortgagee paying
Mortgagor the proceeds of the Policies, or such portion thereof
as shall be sufficient to c~nplete such repair, replacement or
rebuilding, whichever is less. Mortgagor will not, without
obtaining the prior consent of Mortgagee, initiate, join in or
consent to any private restrictive covenant, zoning ordinance,
or other public or private restrictions, limiting or defining
the uses which may be made of the Mortgaged Property or any
part thereof.
9. Estoppel Certificates. Mortgagor, within ten
(10) days after request y Mortgagee and at its expense, will
furnish, Mortgagee with a statement, duly acknowledged and
certified,~ setting forth the amount of the Debt and the offsets
or defenses thereto, if any.
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10. Transfer or Encumbrance of the Mort a ed
Pro ert . No part o t e Mortgage Property s a in any manner
e urt er encumbered, sold, transferred or conveyed, or
permitted to be further encumbered, sold, transferred or
conveyed without the consent of Mortgagee, which consent shall ~
not be unreasonably withheld. The provisions of this paragraph
shall apply to each and every such further encumbrance, sale,
transfer or conveyance, regardless of whet~er or not Mortgagee
has consented to, or waived by its action or inaction its
' rights hereunder with respect to any such previous further ~
i encumbrance, sale, transfer or conve.yance. .
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a 11. Notice. Any notice, request, demand, statement
~ or consent made- e~reunder shall be in writing and shall be sent _
~ by registered or certified mail, return receipt requested, and
shall be deemed given when postmarked and addressed as follows: ~
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I f to Mo r tg ag o r:
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Center West Associates
c/o Headway Florida, Inc.
Attn: William Tyre
8751 West Broward Boulevard
Plantation, Florida 33324
If to Mortgagee:
~ The Royal Bank of Canada
' Attn: Lyle Littlejohn ~
~ • Sr. Asst. Agent ~
~ 68 William Street
~ , t7ew York, New York 10005
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