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HomeMy WebLinkAbout2731 ' + terms, covenants and conditions of a certain loan agreement dated the date hereof entered into between Mortgagee and !lortgagor (hereinafer referred to as the "Loan Agreement"), . which Loan Agreement and all of the terms, covenants and conditions thereof are by this reference incorporated herein and made a part hereof with the same force and effect as if set forth at length herein. The proceeds of the loan secured hereby are to be advanced by Mortgagee to Mortgagor in accordance with the provisions of the Loan Agreement. Mortgagor shall observe and perform all of the terms, covenants and conditions of the Loan Agreement on Mortgagor's part to be~ observed or performed. Al1 advances made and all indebtedness arising and accruing under the Loan Agreement from time to time shall be secured hereby. In the event of any conflict or ambiguity between the terms, covenants and conditions of this Mortgage arx3 the Loan Agreement, the terms, covenants and cond itions wh ich shal l enlarge the r ights and remed ies of Mortgagee and the interest of Mortgagee in the Mortgaged Property, afford Mortgagee greater financi-al security in the Mortgaged Property and/or better assure payment of the Debt in full, shall control. The foregoing provisions of this paragraph 42 shall become null and void upon assignment of this mortgage by Mortgagee to Crown Life Insurance Company, but until such assignment shall be recorded in the Public Records . of St. Lucie County, Florida, such provisions of this paragraph 42 shall be and remain in full force and effect. 43. Future Advances. Upon request of Mortgagor, ~ Mortgagee may, at its sole option, from time to time, make further advances to Mortgagor, provided that all such further advances are made within the time authorized by law, and the maximum amount secured by this Mortgage and remaining unpaid, including any such further advances, shall not at any time exceed the principal sum of 52,000,000.00 plus interest thereon and disbursements made for the payment of Taxes and insurance ~ premium on policies covering the Mortgaged Property, with interest on such disbursements. Mortgagor shall,execute and deliver to Mortgagee notes evidencing all such further advances made by Mortgagee, which notes shall contain such terms as Mortgagee shall require. Mortgagor shall pay all such further ` advances with interest, and the same, and the notes evidencing ~ the same, shall be secured by this Mortgage. All amounts ~ advanced under this paragraph shall be included in and constitute a part of the Debt. All provisions of this Mortgage shall apply to all such further advances. 44. During the term of the Mortgage loan Mortgagor shall not erect buildings or other structures on the Premises other than the improvements contemplated to be constructed as set forth in the Loan Agreement, without the express written appr oval of Cr own Li fe Insur ance Company . 45. Default Interest. If payment of the Debt is ~ accelerated by the holder of the Note pursuant to the ~ provisions hereof or of the Note or if the Debt is not paid in ~ ~ full when due, Mortgagor shall thereafter pay intertest on the Y ~ principal balance of the Note or the portion thereof remaining ~ ~ -16- ~ . ~U`~ 3~2 p~~ 2~27 ~ ~ ~ ~ ~ , ,