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HomeMy WebLinkAbout2764 ~ ~ ~ ' , ' . 4519y5 ' ; This instrument was prepared by: ~ > OSMOND C. NO~dE, JR., Esquire 1600 S.E. First National Bank Bldg. Miami, Florida . : ~ SECOND ASSIG~IMENT OF LEASES t 's _ THIS ASSIGNMENT OF LEASES made the ~ day of July, ~ 1979, between CENTER WEST ASSOCIATES, a Florida general 6 partnership, having an office c/o Headway Florida, Inc., 8751 } West Broward Boulevard, Suite 303, Plantation, Florida 33324, (herefnafter referred to as "Borrower"), and THE ~tOYAL BANK OF ~ CANADA;~a Canadian chartered banking having an agency at 68 William Street, New York, New York 10005, (hereinaf ter referred to as "Lender"); ~ ~ t ~ . i W I T N E S S E T H: . WHEREAS, Borrower is the present owner and holder of the landlord's interest under all~leases now or hereaftec exising attached hereto (hereinafter collectively referred to as the "Leases"), which Leases demise various portions of the improvements erected on certain premises located in St. Lucie County, Florida, as more particularly described in Exhibit A attached hereto (hereinafter referred to as the "Premises"); WHEREAS, Lender has made a loan to Borrower in the I principal sum of $200,000.00 (hereinafter referced to as the "Loan"), which Loan, together with interest thereon, is evidenced by and payable in accordance with the provisions of a certain note dated the date hereof in the principal sum of - $200,000.00 made by Borrower to the order of Lender (hereinafter referred to as the "Note") and is secure~ by a certain mortgage dated the date hereof in the principal sum of $200,000.00 given by Borrower to Lender covering the fee estate of the Borrower_in the Premises and intended to be duly recorded in the office of the Clerk of the.Circuit Court of St. - Lucie County, Florida (hereinafter referred to as the ~i "Mortgage" ) ; and ~ ~ : WHEREAS, Lender was willing to make the Loan to ~ Borrower only if Borrower assigned the Leases to Lender in the t ~ manner hereinafter provided as additional security for the ~ payment of the indebtedness evidenced by the Note and secured ~ by the Mortgage (hereinafter referred to as the "Debt") and the ~ observance and performance by Borrower of all of the terms, covenants and provisions of the Note, the Mortgage and this ~ Assignment on Borrower's part to be observed and performed; NOW, THEREFORE, in consideration of the making of the Loan and other good and valuable consideration, khe receipt of which is hereby acknowledged, Borrower hereby assigned to ~ . Lender, as security for the payment of the Debt and the observance and performance by 8or rower of all of the terms, ~ covenants and provis~ions of the Nvte, the Mortgage and this ~ Assignment on Borrower's part to be observed or performed, all ~ ~ of Borrower's right, title and interest in and to the Leases 3 and all of the rents, additional rents, charges, issues and ~ prof its payable under the Leases from the date hereof to the z end of the respective terms of the Leases and any renewals and 'I ~ extensions thereof (hereinafter collectively referred to as the ~ "Rents"), and Borrawer hereby represents and warrants to and ~ covenants and agrees with Lender as follows: ! ~ ~ Pr.~E z7~O ~ ~ ~