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HomeMy WebLinkAbout1677 l t i Recreational Parcel: the portion of the Premises upon which the C ub Fac lities will be constructed identi- fied on the Preliminary Site Plans as the Recreational Complex. Residential Phase: each of the five (5) Phases of the deve opment o the Premises identified on the Pre- liminary Site Plans as Phases I through V inclusive, upon , which the residential condominium units will be constructed. Second~Replacement Note: the promissory note dated even date herewith from the Mortgagors to the Mort- gagee in original principal amount of $1,089,817.31. Sewer Plant: the sewage treatment plant now constructed an the Sewer Plant Parcel. .Sewer Plant Parcel: the portion of the Premises upon which t e Sewer Plant is constructed identified on the Preliminary Site Plans as the Utility Area. Subordinate Mortgages: collectively the mortgages held by Bankers Trust Company, Southeast First National Bank of Fort Pierce and Ocean described in the Preliminary Statement, together with any amendments and modifications thereto. . 1.02. Other Definitions. All terms of this Restated Mortgage which are not defined above have the meaning set forth in this Restated Mortgage.. ARTICLE II TAE SECOND REPLACEMENT NOTE 2.01. Description of Indebtedness. The indebted- ' Hess evidenced by the Second Replacement Note, and any { renewals or extensions thereof, and all indebtedness or liabilities incurred by Mortgagee for the protection of the ~ security afforded by the Mortgage or for the collection of ~ amounts due under the Second Replacement Note or the Mort- gage, shall be secured by the Mortgage. The Second Re- ~ placement Note shall be issued in the aggregate principal amount of _$1,089,817.31, shall be entitled "Second Replace- ment Note", shall be substantially in the form of note set forth as Schedule "B" annexed, hereto, shall be dated the date of issuance and shall lie payable as to principal and ~ interest as therein and herein provided. The Mortgagors and Developer represent and warrant to Mortgagee that the indebtedness evidenced by the Second Replacement Note is the same indebtedness evidenced by the Replacement Note and that there are no offsets, defenses, or deductions-to the payment of such indebtedness. 2.02. Definition of Note. Each reference to the "Note", the "Replacement Note", the "indebtedness" or'terms { of similar import in the Original Mortgage, the Collateral 4 Mortgage, the Consolidated Mortgage and this Restated Mortgage shall be deemed to refer to and include the Second. ~ Replacement Note. -7- t 80~O1R(J`~2 PAGE1616 -