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• force and effect following the execution, delivery and
recordation of the proposed documents= provided, however, if
all of the terms and provisions of the existing instruments as
modified, amended and extended by the proposed documents to be
executed and delivered concurrently herewith are fully complied
with with the exception of monetary defaults other than~a
failure to make principal payments, such a monetary default
other than a failure to make principal payments will not
entitle. first party to seek a deficiency from any of such - .
i
.Guarantors and said Guaranty is hereby so modified and as so
~ modified Guarantors do hereby reconfirm their unconditional
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liability thereunder and acknowledge and confirm to first party
that they have or claim no defenses or setoffs to their
~ continuing liability thereunder at this time or as a result of
the execution, delivery and recordation of the proposed
documents.
5. First party and the Costa Group and the Creditor's
Committee (hereinafter collectively referred to as "Trustee")
have agreed with each other as follows:
{ a) The new Costa Lakeview Mortgage and Costa
~ Oceanview Mortgage to be owned and held by Trustee shall be and
a
~ remain expressly subordinate and inferior to the Lakeview
Mortgage and Oceanview Mortgage in favor of Banl4ers as the same
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. s~342 ~~1~41 i
M[RiNON,fAMl1/[R~ JONNSTON~ OYNW001/ i GOLE, Id00 sOUTM[AST /IRST NATIONAL oANK SUIIOINd, MIAM1~ /WRIDA »I~t
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