ASSIGNMENT OF MORTGAGE
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AND
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ASSIGNMENT OF MORTGAGE LOAN DOCUMENTS
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THIS INSTRUMENT CONSTITUTES AN "ASSIGNMENT OF MORTGAGE" FOR
PURPOSES OF SECTION 701.02, FLORIDA STATUTES (1989), AND
NOTICE OF THIS "ASSIGNMENT OF MORTGAGE" IS HEREBY GIVEN TO
ALL CREDITORS, TO ALL SUBSEQUENT PURCHASERS, AND TO ALL OF
THE WORLD.
KNOW ALL MEN BY THESE PRESENTS:
That PACIFIC MUTUAL LIFE INSURANCE COMPANY, a California corporation,
having an address of 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx
00000 (hereinafter referred as "PMLIC"), for and in consideration of the
sum of Ten and no/100 Dollars ($10.00) and other good and valuable
considerations, the receipt and sufficiency of which said considerations
are acknowledged by PMLIC, does hereby irrevocably and without recourse
grant, bargain, assign, transfer and set over unto XXXX XXXXXXX REALTY
EQUITIES, INC., a Delaware corporation ("Assignee") that certain Mortgage
and all of those certain loan documents and instruments which are listed
and described on Exhibit A attached hereto and by reference incorporated
herein (each, any and all of said loan documents and instruments including
said Mortgage being hereinafter referred to as the "Loan Documents"),
together with all of the right, title, interest and privilege of PMLIC in,
to, and under the Loan Documents, as mortgagee, holder, payee, assignee,
secured party, or otherwise, the Loan Documents having been given to, made
with, or made in favor of PMLIC by XXXX XXXXXXX PROPERTIES LIMITED
PARTNERSHIP, a Massachusetts limited partnership (hereinafter referred to
as the "Mortgagor")
NOTA BENE: State of Florida Documentary Stamp Tax and Intangible Tax is
not required in connection with the recording of this Assignment in that at
the time of the recording of the various Loan Documents which have been
assigned and transferred hereby, all applicable State of Florida
Documentary Stamp Tax and Intangible Tax in the amounts required by law
were paid in full. No new money has been advanced to the Mortgagor named
herein in connection with the execution, delivery and recording of this
Assignment and there has been no enlargement of the existing principal
balance of the indebtedness evidenced, represented, or secured by the Loan
Documents which have been assigned and transferred hereby.
in connection with a first mortgage loan made by PMLIC to Mortgagor
encumbering all of that certain improved real property located in Orange
County, Florida, which is owned by Mortgagor and which is particularly
described on Exhibit B attached hereto and by reference incorporated
herein, and also pledging and creating a security interest in and to all of
that certain personal property located in, on, at or related to said real
property, which personal property is owned by Xxxxxxxxx and is particularly
described on Exhibit C attached hereto and by reference incorporated
herein.
TO HAVE AND TO HOLD all of the Loan Documents listed and described on
attached Exhibit A and all of the monies due and to become due thereunder
unto Assignee, as aforesaid and its successors and assigns, absolutely and
forever.
This Assignment is made without recourse to or against PMLIC and
without representation or warranty, except that PMLIC, intending to bind
itself and its successors and assigns, does hereby represent and warrant to
the Assignee, its successors and assigns that PMLIC is the owner and holder
of all of the Loan Documents listed and described on attached Exhibit A and
has good title to the same; that PMLIC has full power and authority to
transfer all of the Loan Documents to Assignee; that PMLIC has not
previously pledged, transferred or encumbered the Loan Documents or any
interest therein; that PMLIC has not previously modified or amended any of
the terms and provisions of any of the Loan Documents in any respect except
as may be specified on attached Exhibit A; that PMLIC is not aware of any
collateral agreements affecting or involving any of the Loan Documents; and
that none of the terms and provisions of the Loan Documents are subject to
any oral or implied promises or conditions.
IN WITNESS WHEREOF, PMLIC has caused this Assignment of Mortgage and
Assignment of Mortgage Loan Documents to be executed in its name and its
seal to be affixed, by its proper officers thereunto duly authorized, on
this 1ST of NOVEMBER, 1995.
Signed, Sealed and PACIFIC MUTUAL LIFE INSURANCE
Delivered COMPANY,
in the Presence of: a California corporation
XXXXXX X XXXXX BY: M.A. XXXXXX
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NAME: Xxxxxx X. Xxxxx NAME: M.A. Xxxxxx
TITLE: Vice President
XXXXXX X. XXXXX
--------------- BY: XXXXX X. XXXXXX
NAME: Xxxxxx X. Xxxxx ---------------
NAME: Xxxxx X. Xxxxxx
TITLE: Assistant Secretary
Address: 000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxxx Xxxxx, XX 00000
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the County aforesaid and in the State aforesaid to take
acknowledgments, personally appeared M.A. XXXXXX, as VICE PRESIDENT and
XXXXX X. XXXXXX, as ASSISTANT SECRETARY of Pacific Mutual Life Insurance
Company, a California corporation, who executed the foregoing instrument on
behalf of the corporation and acknowledged to and before me that he/she did
so voluntarily and for the purposes set forth herein, and who produced M.A.
XXXXXX & XXXXX X. XXXXXX as identification/is personally known to me.
WITNESS my hand and official seal in the County and State last
aforesaid this 2ND day of NOVEMBER, 1995.
XXXXXXXX X. XXXXXXXX
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Notary Public
State of CALIFORNIA
NAME: Xxxxxxxx X. Xxxxxxxx
COMMISSION NO.: 1006593
My Commission expires: 10/13/97
(Notary Seal)
8K1195X1.DOC
