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HomeMy WebLinkAbout1673 • l J construction financing, (ii) to provide for releases of individual residential condominium units, the Club Facili- ties and the Sewer Plant from the lien thezeof, (iii) to otherwise restate, modify and supplement the Consolidated Mortgage and (iv) to recast the indebtedness evidenced by the Replacement-Note in the manner provided herein and in the Second Replacement Note attached hereto as Schedule B. GRANTING CLAUSE NOW, THEREFORE, the Mortgagors and Developer, in consideration of the premises and in order to secure the payment of the principal and the interest and any other sums _ payable on the Second Replacement Note and the Mortgage and , the performance and observance of all the provisions hereof and of the Second Replacement Note, hereby give, grant, bargain, sell, warrant, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, deposit, pledge, set-over and confirm unto the Mortgagee, all their respec- tive estate, right, title and interest, if any, in, to and under any and all of the following described property (the "Mortgaged Property") whether now owned or held or hereafter acquired: (i) the Premises; (ii) the Improvements; (iii) all proceeds of the conversion, voluntary or' involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condem- nation awards; and l { (iv) all rents, issues and profits and ali leases ~ of the Premises or the Improvements now or ~ ~ hereafter entered into and all right, title ; and interest of the Mortgagors and the Developer thereunder, including, without lfmitat•ion, cash or securities deposited thereunder to secure performance by the lessees of their obligations thereunder, whether such cash or securities are to be held until the .expiration of the terms of such leases or applied to one or more of the ~ installments of rent coming due immediately prior to the expiration of such terms, including, further, the right upon the happening of an Event of Default, to receive and collect the rents thereunder. e ~ TO GAVE AND TO HOLD unto the Mortgagee, its successors and assigns forever. f ~ ARTICLE 1 DEFINITIONS 1.01.- Defined Terms. The parties hereby agree I _3_ F ~3~ P~Eis7z ~