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expressly assumes and agrees to be bound by the provisions
of the Mortgage and expressly undertakes and assumes all of
the obligations and undertakings of Developer contained in
the Mortgage (subject, however, to the limitation of per-
sonal liability referred to in Section 7.01), and appoints
Mortgagee as its attorney in fact with full power and
authority to take all actions and do all things in its
behalf of the character which the Mortgagee is authorized by
.Article IV hereof to do.
7.04. Partial Invalidit In the event any one
or more of the provisions conta ned in this Restated Mort-
gage or in the Second Replacement Note shall for any reason '
be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability
shall not affect any other provision of the Mortgage, but
the Mortgage shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein i
or therein . 4
7.0~. Notices. All notices hereunder shall be
in writing and s~iaZI-fie deemed to have been sufficiently
given or served for all purposes when sent by registered or -
certified mail to any party hereto at its address above _
stated or at such other address of which it shall have
notified the party giving notice in writing.
7.06. Binding Effect. All of the grants, cove-
nants, terms, provisions and conditions herein shall run
with the land and shall apply•to, bind and inure to the
benefit of, the respective successors and assigns of the
parties.
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~ 7.07. Counterparts. -This Restated Mortgage
' may be executed in, any number of counterparts and each of
such counterparts shall for all purposes be deemed to be
an original; and .all such counterparts shall together ,
constitute but .one and the same instrument.
0 7.08. Governing Law. This Restated Mortgage
shall in all respects be governed by and construed and
enforced in accordance .with the laws (including the con-
flicts of laws rules) of the State of Florida, including all
matters of construction, validity and performance.
7.09. Inter ~retation. This Restated Mortgage
shall be construe in connection with and as part of the
Original Mortgage and the Collateral Mortgage, as heretofore
modified, consolidated and extended by the Consolidated
4 Mortgage. If there is an inconsistency between the provi-
sions of this Restated Mortgage end the provisions of the
Original Mortgage,-the Collateral Mortgage or the Consoli-
dated Mortgage, this Restated Mortgage shall govern; and to
the extent that any provisions contained in the Original
Mortgage, the Collateral Mortgage or the Consolidated
Mortgage are inconsistent with or purport to supplement any
provisions hereof, such provisions shall be deemed deleted,
~ provided, however, that nothing contained herein shall in
anywise impair the validity or priority of the lien created
by the Original Mortgage, the Collateral Mortgage and the
Consolidated Mortgage. ~
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aooK342 PaGE1698
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