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<br />OR BK 23720 PG 4910 <br />LAST PAGE <br /> <br />JOINDER AND CONSENT OF MORTGAGEE <br /> <br />.. <br />The undersigned, HSBC Realty Credit Corporation (USA), a Delaware corporation ("Mortgagee"), owner'. <br />and holder of that certain Amended and Restated Mortgage, Assignment of Leases and Rents and Security <br />Agreement and Notice of Future Advance (the "Mortgage") from Fortune Beach, LLC, a Florida limited <br />liability company, in favor of Mortgagee, recorded on September 16, 2004, in Official Records Book <br />22660, at Page 2219, of the Public Records of Miami-Dade County, Florida, encumbering all of the <br />Property described in Exhibit "A" of the foregoing Declaration of Restrictions and Grant of Easements <br />(the "Declaration"), does hereby acknowledge and join in the terms of the Declaration and agree that the <br />lien, operation and effect of the Mortgage and any related loan documents shall be subject, subordinate <br />and inferior in all respects to the terms and provisions of the Declaration, including the easements created <br />thereby. <br /> <br />IN WITNESS WHEREOF, these presents have been executed this..JZ-rt day oft),{emlet ,2004. <br /> <br />Signed, sealed and delivered <br />in the presence of: <br /> <br />HSBC REALTY CREDIT CORPORATION, (USA) a <br />Delaware corporation <br /> <br />~~4W <br />~~~ <br />N e: ~Pef/J1J~ <br /> <br />By: &~~tlM <br /> <br />Its: ~ ~ '- <br /> <br />[Corporate Seal] <br /> <br />State of Florida ) <br />) ss: <br />County of Miami-Dade ) <br /> <br />The foregoing instrument was acknowledged before me by (j(,'<;;lcp!rr A, Wh~, as V,'(.~ Pr(1~/ktof <br />HSBC Real Credit Corporation (USA), a Delaware corporation, on behalf of the corporation, who is <br />personally known to m r has produced as identification. <br /> <br />WITNESS my hand and official seal III the County and State aforesaid, on this ;2Z~ay of <br />V (:I'YY\ her , 2004. <br /> <br /> <br /> <br />,.~~t';"."," <br />~..,'~ JOSIASN DEWEY <br />!.; ':~ MY COMMISSION' DO 143424 <br />. EXPIRES: September 28 2006 <br />Bonded Thru NolaIy PtmIic u~ <br /> <br />My Commission Expires: <br /> <br />MIADOCS 750480 I <br />