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Mortgage Deed

 

MORTGAGE INSTRUMENT

 

ENGLISH TRANSLATION

 

(Description of the parties)…    they MANIFEST: That SKY, SOCIEDAD ANONIMA, domiciled in San Jose, Sabana West, 150 meters south and 100 west of Channel seven with corporate identity card number 3-101- 345206, and registered in the Public Registry, Mercantile Section at Book: _____  Page: _____ Entry: ____has given a loan in the amount of 117,500 dollars, United States currency and for which the corporation now becomes the debtor of that entity.  That the loan earns interest at the rate of  7% per year.  That he agrees to reimburse the loan amount to the Lender by way of 18 monthly payments, consecutively and due and payable, which during the first 17 payments shall be in the amount of US $781.73 each one.  The payments represent amortization of principal and interest and the first payment is due on the _____ of __________________ of 2007 and the final payment, number 18 for US$ 115,643.51 United States currency due on the ____ of  the year 200_.  That all payments shall be made at the legal domicile of the Lender in US dollars which are immediately available funds.  That they agree that in the event of late payment the late interest payment will be calculated at 7% interest as well.  If the Lender advances funds on behalf of the Borrower to pay for taxes, assessments, o to maintain current any guarantees or insurance payments of the Borrower then the Borrower must immediately reimburse the Lender in the currency indicated in the receipt and shall recognize an interest on the amount paid at the late interest rate payment set forth herein from the date the disbursement was made until the reimbursement. That all buildings or structures which exist on the property must be covered by an insurance policy to cover all risks specified by the Lender and which shall remain in full force and effect during the existence of this debt. The insurance amount may not be for less than its value and the beneficiary of said policy must be listed as the Lender.  On an annual basis, the Borrower must deliver to the Lender proof that the property taxes and insurance premiums have been paid.  The Borrower may not confer subsequent mortgages without the authorization of the Lender who may accelerate the due date of this mortgage loan if the Borrower does not pay one of the monthly payments of amortization and interest or if the Borrower fails to comply with the conditions set forth in this mortgage loan document.  In order to guarantee the payment of the loan principal, interest payments, late interest payments and both costs of an eventual foreclosure suit, the Borrower hereby liens in favor of the Lender, SKY, SOCIEDAD ANONIMA, a FIRST MORTGAGE on the parcel registered in the PUNTARENAS SECTION, property title number 107122-000 with the following registry information: The first parcel is  Description:  Lot for construction, Located: District-Four- Bahia Ballena, Cantón Cinco-Osa, Province of Puntarenas, Measures: 5,988.96 m2, Boundaries: North: PM, South: Empresa, S.A., East: PM, West: Dominical, S.A.  The mortgage lien includes the current boundaries and any excess as well as any present or future improvements.  That in the event of a foreclosure suit, the Borrower waives his legal domicile, waives executory trial procedures, waives any demand for payment and in this act values  the properties in the event of a foreclosure in the principal amount for which they are liened. That if for any reason attributable to the Borrower or the property owner this mortgage document cannot be registered within the next three months then the Lender is authorized to accelerate and make this mortgage due and payable without prior notice. I have advised the Borrower of the value and legal consequences of the waivers and stipulations set forth herein.  They manifest their acceptance in total conformity of the content.  The following document is being read by the undersigned simultaneously in the English language which is the language spoken by the Borrower.  We sign in the city of San Jose at ________ on the _______ of ___________ 2007.

 

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