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HomeMy WebLinkAbout1770 t• i purchaser shall have made a deposit of at least 10$ of the- . , purchase price, shall have received a binding and valid ~ commitment for any financing required by the terms of such contract and shall not have any unilateral right to cancel or ` rescind the contract. The Oceanview Property must be developed in the numerical sequence provided on the site plan, but the commencement of construction of stage two shall not otherwise be conditional on stage one and commencement of state three shall require only that construction on stage one and stage two have been commenced and be continuing and that the pre sale requirement for stage three have been achieved and acknowledged ~ -~by Bankers. No development of a new stage shall commence ~ unless the mortgages thereon shall all be in good standing and not in default in any respect and no event shall have occurred which with the passage of time and the giving of notice or both would result in a default in any respect. Bankers agrees that it will not foreclose its mortgage on any portion of the Oceanview Property that is subject to a \ construction mortgage to which Bankers has previously a subordinated the lien of its mortgage only if the default under ~ the Bankers mortgage is solely the failure of Oceanview to pay interest due from it on the Note; provided, however, Bankers may proceed to foreclose its mortgage against the remainder of r -39- BOOK X42 Pa~f 1769 ' MERSMON, SAWYER, JOMNSTON, D4NWODY b GOLE,1600 SOUTHEAST FIRST NATIONAL DANK oY1~O1N0, MIAM1, ILORIDA SSISI _