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HomeMy WebLinkAbout2348 • ~ ~?\c1~cJ~ 1 1k 4'72558 MODIFICATION - FIARIDA ASSUMPTION AGREEMENT THIS AGREF.MII~1'P is entered into as of the 1st day of October , 19 79 , by and among Jim B Crawl and Diana S Craven, lush of the State of ,and County of Ottawa (hereinafter referred to as "Original Borrower"), and RZ A S air and Lee W Sinclair . of the State of Illinois ,County of (hereinafter referred to as "New rrower ,Mortgage Investment Securities, Inc. by ARVIDA MORTGAGE COMPANY, its successor by corporate merger, a Florida corporation (hereinafter referred to aS "ARVIDA", and CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICACI), a . national banking association (hereinafter referred to as "CINB"); W~EiERFAS, Original Borrower executed a Promissory Note (hereinafter referred to as the "Note") in favor of ARVIDA dated May 5 19 78 in the original principal sum of $ 85, 000.00 , repayable at ei,, t & e percent ( 8.75 per- annum' in oonsectutive monthly installments beginning July 1, 1978 with the last payment of all unpaid principal and interest due on June ,which Note was endorsed by ARVIDA to the order of CINB; WHCREAS, repayment of Note is secured by a Nbrtgage (hereinafter referred to as the 'R~lortgage") from Original Borrower to ARVIDA, dated May 10, 1978 ,filed for record in Official Records Book 286 ,Page 2 , St. Lucie County, Florida, which Mortgage was absolutley assigned to CINB by instnunent dated April 26, 1978 ,and recorded in Official Records Book 286 ,Page , aforesaid records, and which Mortgage encumbers the following described property: mat certain O~ondoninium Parcel, being Unit No. 901, a Oondominiutn in accordance with and subject to the oovpnants, vonditions, restrictions, ~ terns and ottner provisions of the "Declaration of Oondaninium for Hutchinson Island Club, a Oondominium" recorded in O.R. Boole 254, Page 2128, et seq., Public Iaecords of said Oounty and all Amer>dments thereto, including an t>ndivided interest in the Oomron Elements of said Oon3ominium as set forth in said Declaration as aa~nded. _ r,r-. - - 1 Y'c' ~ ~ i' i . e - - - as well as the other property described in the Mortgage (the foregoing is hereinafter ~ called the "Property"); WHEREAS, Original Borrower has contracted to sell the property to New Borrower: WHEREAS, New Borrower, as a portion of the consideration for said conveyance desires to assume the Note and the Mortgage pursuant to paragraph 17 of the Mortgage: WE~REAS, ARVIDA has approved the credit of the New Borrower; WHEREAS, CINB will allow the assumption of the Note and Mortgage only if (a) New -Borrower will agree to repay the outstanding principal balance of the Note atL a higher ~ r~ v~~r+ r+nr ~nn.nn Wmr~rFiver~ v~fer t{~O YQ~ii1+1111T1(1 tPT'7f1 n~ the NC)tP. e~~ (l)) iiia.crc~a. Lu~.~: t+a.i u.u,v... .va..a..~v ~ New Borrower performs his obligations pursuant to this Agreement; Zfiis instrwnent prepared by Donald A. Bacek, Cofer, Beauchamp & Hawes ~ Brown, Suite 200, Peachtree & Broad Building, Atlanta, Georgia 30303, and when recorded please return to ARVIDIA MORTGAGE COMPANY, P. 0. Box 6515, Clearwater, Florida 33518, Attention: Assumption. ec~ac 3~ Pace 2,'~