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HomeMy WebLinkAbout0950 I I , i , j~~ , ~"71023 This instrument was prepared by: Robert C. Lewinson Powell, Goldstein, Frazer & Murphy 35 Broad Street, N.W., llth F~oor Atlanta, Georgia 30335 STATE OF FLORIDA COUNTY OF ST. LUCIE MORTGAGE AND SECURITY AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT is made as of the lst day of January, 1988, by FLORID~ CONVALESCENT CENTERS, INC., a Florida corporation~ whose address is 1111 Mockingbird Lane, Suite 1111, Dallas, Texas 75247 ("Mortgagor"), in favor of THIRD NATIONAL BANK IN NASHVILLE, a national banking association organized and existing under the laws of the United States of America, whose address is 424 Church Street, Nashville, Tennessee 37244 ("Trustee"), and THE TORONTO-DOMINION BANK, acting through its Chicago Branch, whose address is Three First National Plaza, Suite 1~900, Chicaga, Illinois 60602 ("Bank") (Trustee and Bank being sometimes hereinafter collectively referred to as the "Mortgagea"); - ; - ~ W I T N E S S E T H: ~ ; i WHEREAS, St. Lucie County, Florida (the "Issue.") has , issued, or will issue, FIVE MILLION FOUR HUNDRED THOUSAND ($5,400,OQ0,00) Dollars in aggregate principal amount of its Variable Rate Demand/Fixed Rate Industrial Development Revenue Refunding Bonds (Florida Convalescent Centers, Inc. Project), S~ries 1988A (the "Bonds") under an Indenture of Trust of even date herewith tas amended and supplemented from time to time, the "Indentur~") between the I~suer and Trustee, as trustee for the registered owners from time to time of the Bonds; and ~ WHEREAS, pursuant to that certain Loan Agreement of even date herewith (as amended and supplemented from-time to time, the . "Loan Agreement") between the Issuer and Mortgagor, and that certain Promissory Note dated as of January 1, 1988 (as amended and supp2emented from time to time, the "Note") from Mortgagor to the Issuer in the principal amount of $5,4Q0,000.00 (as endorsed, without recourse, by the Issuer to Trustee), Mortgagor has agreed to make payments to Trustee, for the account of the Issuer, F 573 ~acE 950 600K