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HomeMy WebLinkAbout0580 { 1 (a)- Each parcel may be released upon prepayment of principal equal to 125 of the- loan balance. then applicable to the unreleased parcel, the initial bal- ances being set. forth as follows: Release Price - Parcel 1 - Pensacola N. $ 795,000.00 Parcel 2 - Pensacola S. 455,000.00 Parcel 3 - Fort Pierce 435,000.00 (b) No default shall exist-under the Promissory Notes, this Mortgage, the Construction Loan Agreement or any Other instrument executed in connection with or as security for the Promissory Notes; - (c) Mortgagor shall pay any and all expenses including attorneys fees, incurred by Mortgagee in connection with such release; --(d) Mortgagor shall obtain a release of the same parcel from any other liens on the property; (e) Any such payment shall not release Mortgagor from the payment of the $1,685,000 Promissory Note ~ according to its terms and conditions and no such ~ payment or partial release shall in-anywise impair or affect the validity, priority or standing of such lien as to the remainder of the premises, regardless of who may own the same, or any part thereof, or the order of its alienation or acquisition; and (f) The right of Mortgagor to partial releases shall be exercised by written request- to Mortgagee accompanied by recordable partial releases in form and substance satisfactory to Mortgagee describing the property that Mortgagor desires to have released. Each such request shall be delivered to Motgagee in a rea- sonable period of-time prior to the date on-which Mort- K gagor desires to have the partial release executed and delivered. (q) Further, it is understood and agreed that following the obtaining of a release pursuant to this paragraph 45, Mortgagor shall have the right to have the amount of the remaining principal installments owing on the Promissory Notes reduced to an-amount which is equal to the principal amount of the Promissory - Notes prior to such release less the amount which would be 100y of the loan balance applicable to such parcel prior to its release divided by the remaining number of principal installments owing on the Promissory Notes. 46. It is understood and agreed that the premises described hereinabove are subject to any valid and existing rights pursuant to the following: f -19- a~K 317 PAGE 579