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HomeMy WebLinkAbout1805 ,7 T'~S ZNSTieN/nENT /,QtOJ112ti(~ 6Y; 1 ~ DO S ` ~eCr N~ rL H4Nk /S t ,d~ NOTICE AND OPPORTUNITY TO Cl!RE A~REEMFNT !e~ i AGREEMENT made as of this ~ day of November, 1980 by MIDLANTIC NATIONAL. BANK, a banking corporation organized under the laws of the United States of America ("Mortgagee") having an address as 744 Broad Street, Newark, New Jersey, in favor of Bankers Trust Company("Bankers"), having an ,office at 280 Park Ave., New York, N~ 10017. W I T N E S S E T H: ~ WHEREAS, Mortgagee is the owner and holder of that certain Replacement Mortgage Note dated June 10, 1977 made -by Costa, Inc., and George A. Costa and Lucille V. Costa (the Costas) in original principal amount of $1,413,794.33 (the "Replacement Note") which such Replacement Note is secured by mortgage (the "Original Mortgage") encumbering the premises described on Schedule "A" annexed hereto (the "Premises") executed by Lucille V. Costa, Inc. ("Costa Inc.") dated September 28, 1972, recorded on October 3, 1.97?. in Official Records Book 206, Page 2585, of the Public Records of St. Lucie County, Florida, and mortgage (the "Collateral Mortgage") encumbering the Premises executed by f the Costas dated October 17, 1973, recorded on October 17, k 1973 in Official Records Book 220, Page 2870, and rerecorded on November 30, 1973 in Of .ficial Records Rook 221, Page 6 1149, of the Official Records of St. Lucie County, Florida, ~ such mortgages having been modified and consolidated by Mortgage Modification, Consolidation and Extension Agreement (the "Consolidated *'Iorrtgage") dated as of .Tune 10, 1977, among Costa Inc., the Costas, New Jersey Realty Company and Joseph R. McMahon, as Receiver, recorded on September 23, 1977, in Official Records Book 274, Page 2297 ~f the public Records of St. Lucie County, Florida. WHEREAS, that a Consolidated Mortgage was restated and 4 modified by the terms of a Restatement '`codification and Supplement to Mortgage (the "Modification Agreement") of even date herewith and intended to be recorded prior to the ~ e ~ recording of this document; and WHEREAS, Bankers holds an existing mortgage on the 8342 P~~18Q4 Premises ("Bankers Mortgage") as follows.: w a ~ E ~ _