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HomeMy WebLinkAbout2966 i \, ~ ZZ - ~ waives any right to require the marshalling of assets in connection with the exercise of any remedies under this t9ortgage. 16. Release. (a) After the Initial Payment Date, the tlortgagees shall release portions of the Property from the lien of this Mortgage upon the i4ortgagor's request, if (i) all adjustments prior to the release date in the principal amount of the *7ote which result from increases in the number of governmentally approved residential units have been paid and (ii) a construction mortgage is to be recorded or a building permit or permits have been issued for all construction planned by the Mortgagor for the portion of the Property to be released. In the case of a release accompanying recor~ation of a construction mortgage the Mortgagees may comply with this section by delivering the executed release instrument to the escrow agent closing the construction l~an with instructions to return the executed instrument if the construction mortgage is no~ ~recorded. ' (b) The r•iortgagees shall have no obligation to release any of the Property from the lien of this Mortgage prior to the Initial Payment Date. (c) After the Initial Yayment Date (as defined in ~ 3 'a. ~ ~` _ ~..~.`-;,::. the Note) the Mortgagees shall (provided the P4ortgagor is not in default under this Mortgage) release from the lien of this Mortgage any portion of the Property which the Mortgagor, pursuant to govern- msntal requirements, will; contemporaneously with the release, be dedicating to a public use or purpose or conveying to the State of Flori.da o"r any agency of ~he State of Florida. sn'mc349 P~cE2',96'~ ~ - '- a;_r._..._ -