HomeMy WebLinkAbout1800 and any renewals, modifications, and extensions thereof, and that Mortgagor is
presently indebted to Mortgagee by virtue of said Promissory Note dated April 4,
1974, in the principal sum of X167,733.43, plus accrued interest as of January 15,
1980, in the amount of X47,165.49, totaling E214,899.92, with a per diem rate
of X39.06 from January 15, 1980, free and clear of any defense, set-off or
counterclaim as of the closing date hereof.
5. Mortgagor acknowledges and confirms that the Mortgage Deed dated
October 31, 1975, constitutes a valid first lien encumbrance on the real property
described therein and secures payment of the Promissory Note dated October 31,
1975, and any renewals, modifications, and extensions thereof, and that Mortgagor
is presently indebted to Mortgagee by virtue of said Promissory Note dated
October 31, 1975, in the principal sum of X25,000.00, plus accrued interest as
of January 15, 1980, in the amount of 57,107.83, totaling X32,107.83, with a per
diem rate of X5.82 from January 15, 1980, free and clear of any defense, set-off
or counterclaim as of the closing date hereof.
6. Mortgagor acknowledges and confirms that in addition to the sums
hereinabove set forth for which Mortgagor is presently indebted to Mortgagee by
virtue of the said Promissory Notes dated April 4, 1974 and October 31, 1975,
any renewals, madifications and extensions thereof, Mortgagor is indebted to
Mortgagee for the additional sum of X7,659.23 for attorneys' fees, appraisals
and travel in connection with the Chapter XI action of Mortgagor and that the
Mortgage Deeds dated April 4, 1974 and October 31, 1975, respectively, constitute
valid first liens and encumbrances on the property described therein to secure
the payment of said sums, free and clear of any defense, set-off or counterclaim
as of the closing date hereof.
7. Anything contained on the said four Promissory Notes and the
three Mortgage Deeds hereinabove described to the contrary, notwithstanding, it
is agreed the same are modified as follows:
All accrued and unpaid interest on the said four Promissory
Notes as of January 15, 1980, and the attorneys' fees and costs
set forth in the seventh and eighth "Whereas" clauses as herein-
above set forth are irtmediately due and payable and are paid
by the addition thereof to the principal due on the said four
Promissory Notes, making the total principal balance due on
said four Promissory Notes X481,510.01, which sum if secured by
the respective Mortgage Deeds to the same extent as originally
secured thereby.
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