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to the payment of interest accrued and unpaid on this Second
Replacement Note and the balance thereof to payment on
account of the principal hereof. Said payments shall be
made by the Makers to .the holder of this Second Replacement
Note without presentation of this Second Replacement Note
for notation of such payments.
. This Second Replacement Note is secured by and
entitled to the benefits of a certain Restatement, Modifi-
cation and Supplement to Mortgage dated even date herewith
from the Makers to the Payee and to the lien of the Original
Mortgage, Collateral Mortgage and Consolidated Mortgage
referred to therein (collectively the "Mortgage"), creating,
as security for this Second Replacement Note, a first lien
on certain real property situated in Fort Pierce, St. Lucie
County, Florida. All covenants and agreements on the part
of the Makers under the Mortgage to be kept or performed
thereunder are hereby made a part of this Second Replacement
Note. Reference is made to the Mortgage for the nature and
extent of the security for this Second Replacement Note and
the rights of the holder of this Second Replacement Note in
respect of such security and otherwise.
The principal of this Second Replacement Note
is subject to prepayment by the Makers from time to time,
without penalty or premium, in the manner and under the
circumstances set forth in the Mortgage, in v~hole or in
part, at a price equal to 1008 of the principal amount
prepaid plus accrued and unpaid interest thereon to the date
fixed for prepayment.
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Should the indebtedness represented by this
Second Replacement Note or any part thereof be collected at
i law or in equity, or in bankruptcy, receivership or other
court proceedings, or this Second Replacement Note be placed
in the hands of attorneys for collection after default, the
Makers agree to pay, in addition to the principal and
j interest due and payable hereon, all costs of collecting or
attempting to collect this Second Replacement Note including
a reasonable attorney's fee.
Upon the occurrence and during the continuance
~ of an Event of Default specified in the Mortgage, the entire
remaining principal hereof and the interest accrued and
unpaid hereon may be declared to be forthwith due and
payable as provided in the Mortgage.
This Second Replacement Note is given to replace
that certain Replacement Mortgage Note dated June 10, 1977
in original principal amount of 51,413,794.33 made by ~ _
Lucille V. Costa, Inc., George A. ~sta and Lucille V. Costa
to New Jersey Realty Company, ,~u~cessor by"merger to New
Jersey Realty Mortgage Company, and endorsed to the order of
~ Payee, and evidences the same indebtedness evidenced
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x342 P~E1707