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by this Mortgage shall be given or made in writing
* * *
* * * * * * *
In the case of the Borrower [Second Street], addressed
to:
Second Street Partnership * * *
with a copy to:
Robert S. McDaniel, Jr. Esq. * * * .
On April 12, 1988, the 1985 note was refinanced in the
principal amount of $577,500 (1988 note) with Citizens and
Southern Bank of Florida (C&S Bank), the successor to National
Bank of Sarasota. The 1988 note was secured by the Second Street
mortgage, which was modified where necessary to reflect the terms
of that note.
On July 28, 1989, the 1988 note in the original principal
amount of $577,500 and a future advance note dated July 28, 1989,
in the original principal amount of $63,500 were replaced,
consolidated, and renewed in the principal amount of $628,250
(1989 note) with C&S Bank. The 1989 note was secured by the
Second Street mortgage, which was modified where necessary to
reflect the terms of the 1989 note. According to the 1989 note,
which Mr. McDaniel, inter alia, signed as a general partner, "On
April 12, 1993, the maturity date of this Note, the remaining
unpaid principal balance and accrued interest shall be due and
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