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HomeMy WebLinkAbout0955 '7104~3 ~ ~ . NON-DISTURBANCE AND ATTOR~MENT AGREEMENT TH1S AGREEMENT is made th is 2~ day of ~ , 1935, between TOWNE SOUTH PLAZA, INC, a Florida corporation, ~ ("Landlord"); WINN-DIXIE STORES, INC., a Florida corporation, ("Tenant"); and MIDLANTIC NATIONAL BANIi, a national banking corporation, ("Mortgagee"). BACKGROU~ID FACTS A. The Landlord leased to Tenant a store building in the shopping center known as Towne South Plaza, located at the northwesterly corner of the intersection of Midway Road and U. S. Hiohway #1 near the City of Ft. Pierce, St. Lucie Co~~nty, Florida. ~ B. The Lease is dated ~-~~3 ~ a S , and provides ~ for an initial term of twenty (20) years to be commenced upon completion of certain construction and the opening for business in the store premises by Tenant, a short form of the Lease is ~oing to be recorded in Public Records of St. Lucie County, Florida (which Lease is referred to as the "Lease". ~ C. The ~1ort~agee has accepted _ a mort~age (together i r i with any modifications, consolidations, ex.tensions, in- ~ creases or renewals thereof referred to as the "~lortgage") ~ ~ made by Landlord to Mortgagee, dated March 4, 1985, and ~ recorded in Volume 457 , page 2740 of the current public ~ records of St. Gucie Count Florida securin a 1 y, , g oan made by the hfortgagee covering the entire parcel of land ~ described on Exhibit "B" attached to. this Agree;nenL, and ~ ~ Tenant is requiring that this A~ree~ent be executed and ` delivered by Mort~agee to Tenant in order to protect ~ Tenant's rights under the Lease. s ~ ~ - r---~ . ~ as P ~ . F-~: ~ •a ~ ; ~ otv~c~ t. ~ Thit inetrument w~s prepared by ~ ~ Ronald d. ~et~r~or?? Attorney-at•taw ~ ~ - - ~ i ~rtwse addre9s is $O~A Edgewood ltAi4 k•.t _ - ~ ~ ~ ' ~ Gourt~ laci~sonviiN, Flnrid~ 31205 ~ BOOK ~U7 PAG ~ E 9~5 ~ r, - ; . _ _ . _ ya. ~ 2.~q ~~~.'L~_.j ~„y ;~~5~ ~µ,r-- +i`~ .4`1 ~ ~ - ~