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HomeMy WebLinkAbout1844 t r 4 - - may be necessary for Bankers to obtain title insurance not subject to the lien of the Costa Oceanview Mortgage or any rights of the Trustee or either of them or persons claiming by, through or under them. Trustee represents and warrants to Bankers that it will own and hold and continue to own and hold the proposed Costa Oceanview Mortgage and Costa Lakeview - Mortgage outright with full right and authority to satisfy same and to make and effect the agreements herein. c) Notwithstanding the provisions of subparagraph b) above, Trustee shall have the right to pay in full the indebtedness secured by the Oceanview Mortgage held by Bankers together with any andiall cost, expense and attorneys' fees l I incurred by Bankers within sixty (60) days after Bankers shall ~ have recorded a deed in .favor of Bankers to the Oceanview - Property in lieu of foreclosure or within sixty (50) days after _ Bankers shall have filed a foreclosure action on the Oceanview Mortgage and thereupon obtained all right, title and interest in and to said property or in and to the Oceanview Mortgage as the case may be. It is understood and agreed that the remedy provided herein with reference to the Oceanview Mortgage shall ~ be in lieu of any other remedy Trustee may have or claim under the Costa Oceanview Mortgage or at law or in equity, all which r . other rights or remedies are hereby expressly waived and -7- ~ ox - - - . ~K342 e~~Ei84~ M[RiMON, sAwrER, JONNSTON, OYNW001/ i COLE, IA00 50UTN[AST IIRST NATIONAL 6ANK OYIlO1N0, MIAMI, IIOAIOA »I~I K'