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shuttcrs and awnings, which are now or may hereafter pcrtain to or
be used wiCh, i~ ur on ~ai~ premises, even tho~gh they bc dutachcd
or detachable, are an~l shall be decmed to be ffxtures and
acc~ssorfes to tiic freel~old .1nJ a part oE thc realty.
TO IIAVL•: AND TU liOI.D the same, together with the tenem~nts,
hcreditaments and appurtensnces tliercunto belo~ging, and thc~ rci~ts,
issues and profits tiiereoE, unto the said ~tortgagee.
The said ~tortgagor hereby covenants with the said Hortgagee
that the said :•iortgagor is indefeasibly seized with the absolute
•and Cee si~ple title to said property, and has full power and
lawful authority to sell, convey, transfer and mortgage the samc;
:~that it shall be lawful at any time hercafter for the Mortgagee
.peaceably and quietly to enter upon, have, hold and enjoy said
property, and every part thereof; that said property is free and
~;d'ischarged from all liens, encumbrances and claims of any kind,
:including taxes and assessments, except those that may be set out
~above or hereinafter; that the Mortgagor will make at Mortgagor's
:expense and at no expense to Mortgagee such other and further
.~assurances to perfect the fee simple title to said land, fixtures
~'and personal property in the Mortgagee as may hereafter be
~required; and that the Mortgagor hereby fully warrants unto the
~Mortgagee [he title to said property and will defend the same
:against the lawful claims and demands of all persons whomsoever.
NOW, THEREFORE, the conditions of this mortgage are such that ;
`:if the Mortgagor shall well and truly pay unto the Mortgagee the ~
:~indebtedness evidenced by that (those) certain promissory note(s)
;~of even date herewith, made by the Mortgagor and payable to the ;
;~Mortgagee in the aggregate principal sum of FOUR MILLION FIVE !
';HUNDRED THOUSAND AND NO/100-----------($ 4,500,000.00 ) DOLLARS i
the final payr~ent of which is due on See attached Exhibit "A" ~
~ , together with: ~
,
~4 a) any note or notes hereafter executed by the Mortgagor '
,{ ` herein by and in accordance with paragraph 16(a) of j
this mortgage as hereinafter set forth; 1
b) any indebtedness of the Mortgagor to the Mortgagee ~
by and in accordance ~aith paragraph 16(b) of this ~
. Mortgage as hereinafter set forth; ~
..`and secured by the lien of this mortgage, together with interest ~
as therein stipulated, and shall perform, comply with and abide by ~
each and every the stipulations, agreements, conditions and
cover.ants contsined and sct fortt. in this war~gage and in tl~e '
promissory note or notes secured hereby, then this mortgage and
the cstate hereby created sliall cease and be null and void. .
A~D the Mortgagor does hereby covenant and agree:
1. To perform, comply with ar.d abide by each and every the
stipulations, agreements, conditions and covenants contained and
set forth in said promissory note or notes, this mortgage and, if
applicable, the loan agreement between the Mortgagee and Mortgagor.
2. To pay tlie indebtedness secured by this instrument and
:according to the true tenor and effect of the promissory note(s)
;herei~~above mentioned or of any extension or renewal thereof,
'promptly on the day or days the same severally become due.
3. To pay, before becoming delinquent, all obligations, ;
~encumbrances, taxes, assessments, paving, sidewalk, sanitary and '
other assessu~ents, levies or liens now or hereafter levied-or 1
imposed ~ipon or against the mortgaged property, and to exhibit to '
'the :iortgagee before sucli taxes, assessments, liens and encumbrances
become delinquent tt~e official receipts for payment thereof, and ~
if the same or any part thereof be not paid before becoming
delinquent the Mortgagee may at any time pay the same with accrued
'interest and charbes, if any, without waivinb or affecting ;
Mortglgee's option to foreclose [his mortgage, or any right here- ,
:
~ - 2- 8~~'~ 3~ F~~,~ 2i42 !
~ lAW Oi~ICES OF
~ :
Sw~~Er. BnwNS 3 PAJON, SUITE l0~ NEW WOR~D TOWER, MIAMI, iLOR~OA 33132 ~
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