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HomeMy WebLinkAbout0722 . . . i . , ~ . i . i ~ B. I~ie agreed be~~reen ~h~ per~ies he reto that the foregoing Aegigumant of Mortgag~~ is ~condi~3.oned upon the : failure of the maker to pay ~hat cert ~in promissory note o~ ~ even date her~with atitaohed hexeto and by referenoe made a : p~rty hereof and that this a~signment ie ~urther conditioned upon i~ t2~ term~ hereinafter aet out in this E$crow,Agreement. That is t~ say # the aa$ignmant of th~ aforeeaid dooumente together with the note~ that they sacure is nu11 and void in the evant the aforeaaid note i$ paid in fu].l. In the event the note :Ls not paid 3n fu11, then th~ party of the eecond part ehall re-agsign the oollateral securitiee baek to the payee o f the said no~~e.- i ; C. It is agreed between the parties hereto that Harria t` Conetruction Conpa~y hereby ~cknowledgea th:~'~ it has rec~ived as ~ a part of the consideration of thia transaction, the ~itle to ths i: following described property, to-wits ~ Zots 14 snd 15 of Block 3; and Zots 5 and 6 . of Bloak 4; of RE--PT~AT OF SUNSET PAR~. SUBDIVISION, ae per plat thereof on file in P1at Book 11 at page 28 of the publio recorda of St. Lucie County, Florida. . . ! for whiah it hereby agrees and by thie inetru~aent hereby aesigne as additinnel collateral for the said note, all of the reepective ; notee and purcha~e money mortgages that it hereinafter reoe3.vea ; upon the eale of the aforeeaid listed properties. It further : agreee to execute any ~ormal papers reguested by the Esorow Agree-, ' ment to effect theae assignments. ~ ~ D. That in the event of the nonpayment of the aforesaiid ; note to the payee thereof, or in the event a fi~cst mortgage now _ ; on said property becomes involved in a foreclosure, the parties 1 of the fi~t part authorize and hereby direct the~:.said Eecrow ~ Agent to deliver the above described instruments back to the payee I of eaid note; provided however that written natice of auch default j ~ ha~ been delivered to the esid PHII~IP G. NOURSE, a~ Escrow ~gen~t, ~ and provided further that the ~aid Escror~ Agent within ten daye og ~ the aforesaid notification ahall give notioe by registered mail ; to HARRIS CONSTRUCTION CORPORATION, at 721 Quincy Avenue, Fort j Pierce, Florida, advising eaid Corporation of the receipt of th~ ; notlce of default. HARRIS CONSTRUCTION CORPORATDN shall have 30 ~ days ir~ whi~h to remedy ~a said default before the Escrow Agent sha11 re-as~i gn without recouree the coll~teral eecuritiee, ~ E. Itis Yurther agreed between the partiee hereto that ~ i HARRIS CONSTRUCTION CORPORATION, shall apply 811 prepaymenta on the afores~id mortgages and/or contracta to reduce th~ principal ~ of the aforeeaid note. ; F. That ie shall be the responaibility of the H.AR,RIS CONSTRUCTION CORPOR.ATION to satiefy the Escrow Agent ~eferred to herein that the taaee and ineurance are not in default; PROVIDED HOV{TEEVEft~ that the said collateral ahall not be delivered to the said payee, for a period of thirty days neat a~ter giving the notice of defaul.t; thus giving the HARRIS CONSTRUCTION CORPORA~ OA thirty d~ys in which to bring all of the defaulted fixst mortgages into good standing, by paying all delinAuent taxee or inaurance. . G. That it shall be,the responsibilitx of the HARRIS ~ CONSTRUCTION CORPORATION to provide said gayee v~.th adeguate fire ' and windstorm in~uranae to protect the said promieeory note. ~ It ie agreecl between the par~iea hereto that second mortgage indorsem~~ on the policiee nowheld by the FIRST FEDERAI, SAYING3 & ` LAAN ASSOCIATION OF FORT PIERCE will be deemed sufficient and said endoraemente thereof shall b~ furni.ehed to said Eacrow Agemt. 'rC ' , F. : • H. That upon the payment of the above said promisa~ory note, and interest according to its terme, together with all charges ~ due thereunder, ths Agreement is to be null arid void and the above~ ~ named securitiea are ~to be re turned to the HARRIS CONS TRUCTUN CORPOR~TION, and reasaigned to them. - ' ~ j . . ~ # 6Q~K ~O~ FALf ~ ~ . . . ~ , s ; ~ ~ . -