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HomeMy WebLinkAbout1832 ' _ ccnnpp~~ - ~Ww7Vs STATE ~F FL~R R D ~ ! DOCUMENTARY~:STAMP iA X WHEN RECORDED PLEASE RETURN TO: UEPi.Oi REVENUE t ~ = P.B. - GCT -1.79 .r ~ 9 U ~ O ! Blue Goose Growers, Inc. ~ ...oz - ! $10 south Flower Street STA~i-E of FL°R+D ; l Los Angeles, California 90017 DOCUM~NTARY.~;;~STAMP Tf,x! DEPT. OF REVENiIE;` ~ Attention: Gary W. Kyle _ _ _ _ P.B. ~s~i-t'19 @~'~~~ 9 0 O 0 art: ~ @,, FLORIDA MORTGAGE AND ASSIGNMENT OF RENTS THIS MORTGAGE AND ASSIGNMENT OF RENTS (the - "Mortgage"), made this ~S~k' day of •ls,.Ts.....s~e , 1979 between MIRACLE FRUIT COMPANY (the "Mortgagor"), a California corporation, the address of which is P.O. Box 589, Fullerton, California 92632 and BLUE GOOSE GROWERS, INC. (the "Mortgagee"), a California Gorgoration, the address of which is 810. South Flower Street, Los Angeles, California 90017. _ WITNESSETH THAT, - WHEREAS, Mortgagor is justly indebted to-Mort- _ gagee in the principal sum of Nine_Million One Hundred Thirty-Five Thousand Seven Hundred Ninety Eight and No/100 Dollars ($9,135,798.00), as evidenced by a certain promis- sory note of even date herewith executed by Mortgagor and delivered to Mortgagee, the griizcipal amount of which is - subject to adjustment to a higher or lower amount by delivery of a substitute promissory note to be of even ~ date herewith pursuant to that certain Agreement for Purchase and Sale of Assets dated as of September 26, 1979 between Mortgagor and Mortgagee (the "Purchase Agreement") (such promissory note and substitute promissory note being referred to collectively herein as the "Note" and by reference made a part hereof to the same extent as though set out in full herein) , NOW, THIS INDENTURE WITNESSETH, to secure the performance and observance by Mortgagor, Ojai Hawaii Corporation, Carl F. Huntsigner and William G. Myers of all of the covenants and conditions contained in the Note, this mortgage, the Purchase Agreement and all of the other Collateral Documents and tt?e Assignment and Assumption Agreement and Shareholder Guarantee Agreement referred to in the Purchase Agreement, and in order to charge the properties, interests and rights hereby encumbered and hereinafter described with such payment, performance and observance, and for and in consideration of One Dollar ($1.00), lawful money of the United States of America, to Mortgagor paid by Mortgagee on or before the execution and delivery of this mortgage, and for other valuable consid- eration, the receipt of which is hereby acknowledged, STATE F~GR~D~= ! / UOCUMEN'A.RY~-.=--, STAMP l• l" ! ~ ~ JFr 7- i,F F,EVEfIIlE_ i a~,<. ! F8. = - ~ ~~y ~3' 8 2 8. 4 5 ! Recewed a 3, Sd `i in Payment w Tatar ' itr.. ~ 0 ~ ~t 7r• Gass °C" iMBnpible PeriOnM PIOPBIIYi Pursuant to Cttapw7f,li~IrAMBOf 15'11. ~ rams y cwt ctrowc cover 51. t~ a~, r1a~ _ g~x3~.7 P~~~~29