CONSENT OF MORTGAGEE
THIS CONSENT is given this 25 [handwritten] day of November, 1991 on behalf of CAPITAL BANK, a Florida banking corporation (the "Mortgagee"), being the owner and holder of that certain mortgage given by CRESCENT HEIGHTS X, INC., a Florida corporation ("Mortgagor"), recorded in Official Records Book 15131, Page 792, of the Public Records of Dade County, Florida.
WHEREAS, Mortgagor has requested Mortgagee to consent to the recording of that certain Declaration of Condominium for CASTLE BEACH CLUB, A CONDOMINIUM (the "Declaration"), and to subordinate the lien and effect of the Mortgage to the Declaration.
NOW, THEREFORE, Mortgagee consents to the recordation of the Declaration and agrees that the lien and effect of the Mortgage shall be subject and subordinate to the terms of the Declaration.
Mortgagee makes no warranty or any representation of any kind or nature concerning the Declaration, any of its terms or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation as well as any participation in the development of CASTLE BEACH CLUB, and does not assume and shall not be responsible for any of the obligations or liabilities of the developer contained in the Declaration or other documents issued in connection with the promotion of CASTLE BEACH CLUB. None of the representations contained in the Declaration or other documents shall be deemed to have been made by Mortgagee, nor shall they be construed to create any obligation on Mortgagee to any person relying thereon. Nothing contained herein shall affect or impair the rights and remedies of Mortgagee as set forth in the Mortgage or in the Declaration.
Made as of the day and year first above written.
Signed, Sealed and Delivered in the presence of: [witness signatures] Elena Hager; Dolores Bruzzese [spelling approximate]
CAPITAL BANK, a Florida banking corporation. By: [signature] Michael Paul, Senior Vice President. [Corporate Seal]
