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HomeMy WebLinkAbout1137 • r - • •~sass,~ 4811'74 g~ This Instrument Prepared by: William Jay Lippman Wien, Lane & Malkin 249 Royal Palm Way Palm Beach, Florida 33480 MORTGAGE THIS INDENTURE made the Z~ day of March, 1980, between RADNOR/OCEANA SOUTH PARTNERSHIP, a Florida general partnership, having an office at 9920 N.E. Ocean Boulevard, Hutchinson Island, Jensen Beach, Florida 33457, ("Mortgagor"), and IRVING TRUST COMPANY, a New York banking corporation, having its principal business office at One Wall Street, New York, New York 10015 ("Mortgagee"). WHEREAS, Mortgagor is justly indebted to Mortgagee, having executed and delivered to Mortgagee its note ("Note") bearing even date herewith, wherein Mortgagor promises to pay to Mortgagee the principal sum of Sixteen Million (516,000,000) Dollars, or so much .thereof as may be advanced, lawful money of the United States of America, with interest thereon at the rate and times, in the manner and according to the terms and conditions specified in the Note, all of which, are incorporated herein by reference; NOW THIS INDENTURE WITNESSETH, that Mortgagor, in consideration of the indebtedness, and to secure the payment to Mortgagee of the principal with interest and all other sums provided for in the Note and in this Mortgage, according ~ to their respective terms and conditions, and for performance of the agreements,~conditions, covenants, provisions and stipulations contained herein and therein and in certain i other agreements and instruments made and given by Mortgagor to Mortgagee in connection therewith, including, without limi- tation, a certain Construction Loan Agreement, Financing Statements, Assignment of Rents and Leases, Assignment of Architects' Contract, Assignment of Construction Contract and Assignment and Power of Attorney (such agreements and instru- ments being collectively referred to as the "Related Documents") hereinafter referred to, and also for and in consideration of the sum of One Dollar ($1.00) paid by Mortgagee, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, by these presents, does hereby grant, bargain, sell, convey, warrant, assign, trans- fer, mortgage, pledge and set over unto Mortgagee and its successors and assigns all the following property (the 0 ~ "Mortgaged Property"): 00 (a) All that certain tract or parcel of land (the "Premises") lying and being in the County of St. Lucie, State of Florida, more particularly described and set forth in # Exhibit A attached hereto and made part hereof; ) (b) All and singular the tenements, hereditaments, easements, appurtenances, passages, waters, water courses, i 4 3~~ eo,~. o ~ a»a~a~r.r ~ ~'""'r.~.~a~... cc h~T~ols~r~~~ BQOKJ~O Pd~E1137 - ~