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LO;\,~ AGREEMENT, MORTGAGE AND SECURITY AGREEMENT <br />r ~IIS LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT <br />lated -,----.,...,..---T-' 1983, is between INDIAN RIVER COUNTY, <br />FLORIJA, ~ pol1t1cal subdivision of the State of Florida (the <br />"Issuer"), and FLORIDA HEALTH FACILITIES CORP. (OF INDIAN RIVER <br />COUNTY), -.l corporation organized and existing under the laws of <br />tile 3Llt.e of Florie.la ( the "Borrower"·. <br />BACKGROUND FACTS: <br />1. The Issuer is authorized under Chapter 159, Part II, <br />f loricla -5t::itutes, and other applicable provisionn of law, to make <br />and ~xecute financing agreements, contracts, deeds and other <br />instrum~nts necessary or convenient for the purpose of facili- <br />tati.n3 ~he financing of certain projects, including machinery, <br />equi?mBnt, land, rights in land and other appurtenances and faci- <br />lities related thereto, to the end that the Issuer may be able to <br />promot-.? the ,~conomic development of the State of Florida, <br />increase opportunities for gainful employment and otherwise aid <br />in improvi~3 the prosperity and welfare of the State and its <br />inhabita nts; and to provide such financing through the issuance <br />of industrial development revenue bonds. <br />2. The Issuer has duly authorized the financing of the <br />acquisition, construction and equipment of industrial facilities <br />consisting of a 120-bed nursing home, including any necessary <br />utilities, all within the jurisdictional territorial limits of <br />the Issuer (the "Project" as hereinafter defined), to be <br />ac~uire<l, constructed and equipped by and at the expense of the <br />Uorrowar on the terms and conditions hereinafter set forth: and <br />the Issuer has further authorizeJ the issuance and sale of not <br />exceeuing ~2,400,000 aggregate principal amount of its Industrial <br />Development Revenue Bond s, Series 1983 (Plorida Health li'acilit.ies <br />Project), the "Bonds" as h e reinafter defined, the proceeds of the <br />salo::! o f .,..hich will be loaned to the Borrower to pay the costs of <br />acquiring, constructing anJ equipping the Project. <br />J. The Bonds are issued under and securetl by a Tru5t <br />Indenture, Jated as of the date hereof (the "Indenture'' as here- <br />inafter defined), by am1 between the Issuer and Barnett Banks <br />Trust Campany, ~.A., Jacksonville, Plorida, as Trustee {the <br />"Trustee" as hereinafter defined), whereby the Issuer and the <br />Trustee have agreed that the Trustee shall receive the proceeds <br />f ram the sale of the Bonds anu disburse the same for the cost of <br />the ac~uisition, construction and equipment of the Project. <br />-1-