HomeMy WebLinkAbout0966 WHEREAS, Sankers Trust Compgny and Florida National Bank, as Trustees, did execute ~.s of
the 23rd day of November, 1973 a Notice Under Marketable Record Titles to Real Property Act, Florida
Statutes, Chapter 12, as to said Alortgage and Deed of Trust, as supplemented, and did cause said tiotice
to be recorded on the 20th day ~f December, 1973 in O,R. Book 222 at page 135 the Public Records of S~
Lucie County, Florida.
WHEREAS, it has been certified to the Corporate Trustee that the Company is not in default
in tt~e payment of the interest on any bonds outstanding under said :Vlortgage and Deed of Trust and that
non~ of the defaults defined in Section 65 of said'.1~iortgage and Deed of Trust has occurred; and
WHEREAS, an application of the Company for the release of the hereinafter described
property free irom the lien of said ~iortgage and Deed of Trust pursuant to the provisions of Sectian 59
thereof has been made, and Bankers Trust Company, as Corporate Trustee under said Mortgage and Deed
of Trust, is in receipt of the Certified Copy of Resolutions, an Officers' Certificate, Engineer's
Certificate and Further Engineer's Certificate, and Opinion of Counsel, all as required by the provisions
of said Section 59;
NOW, THEREFORE, Bankers Trust Company and Florida yational Bank, in consideration of
the premises and pursuant to the authority vested in them as Trustees under said 1~Ioctgage and Deed of
Trust, do hereby release, remise and quitclaim unto the Company all the right, title and interest of such
Trustees in and to ths following described real property situated in:
ST. LUCIE COUNTY, FLORIDA
A Parcel of lgnd 208 Feet by 258 Feet lying and being in Section 5,
Township 36 South, Range 38 East, SG Lucie County, Florida, and
more particulqrly described as follows:
Comm~~ncing at the intersection of the South line of the
Northeast One-Quarter (vEl/4) of Seciion 5, Township 36 South,
Range 38 East, SL Lucie County, Florida, and the West Right of Way
line of Canal C-24 (A Works of CenLral and Southern Florida Flood
Control District), as now laid out and in use; thence jllesterly, along
the South line of the Northeast One-Quarter (NE1/4) of said Section
5, a Distance of 100 Feet, more or less, to a point on a line lying
100.00 Feet i~ est of, when measured at right angles, and parallel with
the West Right of Way line of said Canal C-24 and the point of
beginning thence Northerly, along the said Parallel Line, a distance ;
of 208.00 Feet to a point; thence Westerly, parallel with the South
line of tt~e 1`lortheast One-Quarter (NEl/4) of said Section 5, a
distance of 208.00 Feet to a point; thence Southerly, parallel with the
West 8ight of Way line of said Canal C-24, a distance of 208.00 Feet
to a point on the South Line of the ~iortheast One-Quarter (NE1/4) of
said Section 5; thence continue Southerly, alortg the same course, a ~
~ distance af 50 Feet , more or less, to a Point on a line lying 50.00
'i Feet South of, when measured at right angles, and parallel with the
South line of the Northeast One-Quarter (NEl/4) of said Section 5;
~ thence Easteriy, along the said Parallel Line, a distance of 208.00
Feet to a point on a line lying 100.00 Feet West of, when measured at
~ right angles, and parallel with the West Right of Way line of said
r Canal C-24; thence Northerly, along the said Parallel Line, a
distance of 50 Feet, more or less, to the Point of Beginning.
TO HAVE AND TO HOLD the pro~erties hereby released and remised to the Company, its
~ successors and assigns, to its and their own proper use, benefit and behoof forever, free, clear and
discharged of and from any and all liens and claims under and by virtue of said 1~Iortgage and Deed of
~ Trus~
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} It is the intention of Bankers Trust Company and Florida National Bank, the Trustees, as
aforesaid, to fully release the above-described real property from the lien of the l~iortgage and Deed of
Trust as supplemented by all Supplemental Indentures and consequently, if betr~een the date of -
` execution of this instrument and the date of the recordation of this instrument additional5upplemental
; Indentures are recorded, then this insLrument, intended to be a full and complete release, shall operate
to release said property from the lien cf any such Supplemental Indenture.
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PROVIDED, HOWEVER, that nothing herein contained shall be construed to affect the
residue of the security held by Bankers Trust Company and Florida- National Bank, the Trustees as
aforesaid, by virtue of sa.id Viortgage and Deed ~f Trust or to release the payment of any part of tr~e
monies, princ~pal or interest, thereby secured and that may now remain unpaid
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? The re~itals herein contained are made by the Cornpany and not by the Trustees and the
~ Trustees assume no responsibility in respect thereof.
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