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• 8/22/80
ASSIGNMENT OF LEASES RENTS AND PROFITS
THIS ASSIGNMENT, made this _~L._ day of August, 1980, ~
is by and between HILL TOP DEVELOPERS, INC., a Califprnia
corporation whose address is 431 Bast Central Boulevard,
Orlando, Florida 32801 ("Assignor"), and CONTINENTAL ILLI-
NOIS NATIONAL BANR AND TRUST COMPANY OF CHICAGO, a national
bank whose address is 231 South LaSalle Street, Chicago,
Illinois, 60693 ("Assignee").
~ N
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h ~ W I T N E-S S E T H:
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~ ~ ~ Assignor, for good and valuable consideration, the
~ ° o receipt of which is hereby acknowledged, does hereby bar-
N'~'w gain, sell, transfer, assign, convey, set over and deliver
~ o unto Assignee all right, title and interest of the Assignor
.~Ir.~ o in, to and under the leases affecting the premises described
~ .on Exhibit A attached hereto and made a part hereof (the.
~ o ~ "Premises"), or any part thereof, now existing or herein-
s~ after entered into by Assignor and all amendments, exten-
~a'O sions and renewals of the Leases, and rents, income and
~ profits which may now or hereafter be or become due or owing
under the Leases, and any of them, or on account of the use '
of the Premises.
This Assignment is made for the purpose of securing:
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A. .The payment of the indebtedness (including
' any extensions or renewals thereof) evidenced by a certain
Note of even date herewith from Assignor to Assignee in the
principal sum of $6,090,000.00, which is secured by a
certain Mortgage and Security Agreement of even date here-
, with encumbering the Premises.
B. The payment of any other indebtedness or
liability of Assignor to Assignee, now or hereafter arising.
C. The payment of all other sums with interest
thereon becoming due and payable to Assignee under the
provisions of the Mortgage and'Security Agreement or any
other instrument constituting security for the Note, and
D. The performance and discharge of each and
every term, covenant and condition of Assignor contained in
the Note, Mortgage and Security Agreement or any other
instrument constituting security for the Note.
Assignor warrants, covenants and agrees with Assignee
as follows:
1. That it is and shall be the sole owner of the
entire Lessor's interest in_the Leases, that it has not and
shall not execute any other assignment of any of the Leases
or any of the rents, income and profits accruing from the
Premises, and that it has not and shall not perform any acts
' or execute any other instruments which might prevent As-
~ THIS INSTRUMENT PREPARED BY:
E
Thomas C. Cobb, Esquire
MAHONEY HADLOW & ADAMS
1401 AmeriFirst Building
One Southeast Third Avenue
Miami, Florida 33131
X339 P~ 441
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MAHONEY HAOIOW 6 ROAMS, P. A., 1401 AMERIFIRST BUILDING, MIAMI, FLORIDA 33131 TEL. (305) 358-5550 i