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HomeMy WebLinkAbout0930 . ~ / ~ ~'7~~3 ~ ~ 100681 COLLATERAL ASSIGNMENT OF AGREEMENTS AFFECTING REAL ESTATE . ~ ~ , THIS ASSIGNMENT, made this day of , 19~~, ~ by WESTON-FLORIDA DE:VELOPMENT CORPORATIrJN-FT. PIERCE ~I, (hereinafter referred to as "Borrower") and WE5TON-FLORIDA DEVELOPMENT CORPORATION-FT. PIERCE ~II, and WESTON-FLORIDA DEVELOPMENT CORPORATION-FT. PIERCE ~III (collectively hereinafter referred to as the "Other W~ston Entities"), all Florida corporations, to THE TORONTO-DOMINION BANK, a bank chartered under the Bank Act oE Canada ("Bank"). BACKGROUND OF ASSIGNMENT Bank.has agreed to advance up to U.S. $12,500,000.00 to Borrower (the "Loan") pursuant to that certain Loan Agreement of even date herewith between Borrower, the Other Weston Entities and the Bank ("Loan Agreement"). The Lean is evidenced by a promissory note of Bor_rower and the Other Weston Entities and other collateral documents described in the Loan Agreement, all of even date herewith, including a mortgage (the "Mortgage"~ from BoYrower and the Other Weston Entities to Bank encumberin certain 9 ~ real property ("Property") situate and being in St. Lucie County, f - € Florida, and more fully descrik~ed on Exhibit "A" attached hereto ' : and made a part hereof. The Loan Agreement, Note, Mortyage and € ~ E ~ other collateral documents described in or accompanying the Loan ~ Agreement are hereinafter sometimes collectively referred to as ~ ~ the "Loan Documents". Unless otherwise specified herein, terms r ~ are used herein with the same meanings as defined in the Loan ~ ~ ~ Ag reement. ~ ~ As an additional condition to grantiny the Loan, the Bank has required Borrower and the Other Weston Entities to execute and ~ ~deliver this Assignment. ~ Prepared By and Returned To: Richard D. Holt, Esq. ~ Gunster, Yoakley, Criser & ~ ~ Stewart, P. A. ~ First National Bank Building ~ Palm Beach, Florida 33480 ~ r 3t1~~K,.~~~ F1GE Jl ~ ~ 5p G .