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HomeMy WebLinkAbout2742 . ,t . `s ~ : ~ the Mortgaged Property, or the use thereof, and shall promptly ~ repair, replace or rebuild any part of the Mortgaged Property ~ which may be damaged or destrvyed by any casualty (including any casualty for which insurance was not obtained or obtainable ) or which may be affected by any proceeding~ of the character referred to in paragraph 6 hereof and shall complete and pay for, within a reasonable time, any structure at any ~ time in the process of construction or repair on the Premises. ~ If such casualty shall be covered by the Policies, Mortgagor's obligation to repair, replace or rebufld 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 aufficient to complete such repair, replacement or cebuilding, whichever is less. Mortgagor will not, without R obtaining the prior consent of Mortgagee, initiate, join in or s consent to any private restrictive covenant, zoning ordinance, or other public or private restrictions, limiting or defining s the uses which may be made of the Mortgaged Property or any ~ part thereof. - 9. Estoppel Certificates. Mortgagor, within ten ' (10) days after request by Mortgagee and at its expense, will ~ furnish, Mortgagee with a statement, duly acknowledged and ; certified, setting forth t~he amount of the Debt and the offsets = or defenses thereto, if any. 10. Transfer or Encumbrance of the Mortc~a ed Pro ert.y. No part of the Mortgaged Property shall in any manner be further 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 proyisiors of this paragraph + shall apply to each ar~d every such further encumbrance, sale, r transfer or conveyance, regardless of whether or not Mortgagee has consented to, or waived by its action or inaction its rights hereunder with respect to any sucn previous further I encumbrance, sale, transfer or conveyance. 0 i i 11. Notice. Any notice, request, demand, statement ` or consent made hereunder shall be in writing and shall be sent ~ by registered or certified mail, return receipt requested, and ~ shall be deemed iven when i g postmarked and addressed as follows: ~ ~ If to Mortgagor: ~ Cen ~ ter West Associates c/o Headway Florida, Inc. ~ Attn: william ti. Tyre 8751 West Broward Boulevard ~ Plantation, Florida 33324 ~ ~ If to Mortgagee: ~ ~ 5 The Royal Bank of Canada ~ Attn: Lyle Littlejhohr, ~ 68 tnilliam Street ~ New York, New York 10005 ~ ~ -7- ~ ' ~ ~ ~ , , ' ~ ~ ~U~K3~? ~lcE2`7`38 ~ ~