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Home My WebLink About0736 . ~ 4 . i . f',~ ~ .t • ~c. _ . f CHATTEL MORTGAG~ T- ~ FOF. I'`+E 11'1TN LF:Atil: al;Etk~1lEtiT - ~ > THIS INDEN'rURE R'ITNESSETH, thut for ~~alue recei~~ed, _ ~t _ - 1 AIlt~ i~t _ ' ~'t_~_~____„ ~i~'~i __~County, Stafe of herein called ~cicy~ ~iortgabor, does hereby bargain, sell, transfer, assigti and cunvey to _ r. ~e~ herein caUed Mortgagee, the follo.a•in~ descitibed property. The ~~•ord property to include aU rep?aceinents, parts, additiut?s, rc~pairs t?nd arcessories incorporatecl therein and now hereatter affi.~ed thereto, to-wit: t~ E1~ l~Mea xbi~ 1io~ ~t•bi ~ress~. 1b. M•~070, ~¢n~r t~a. ~975 ee~~ !`~peq~ ~?A7~a~ ~Ip+~ rav13l~ . . • \~N e~~e~~~~ ,~~Q,S ~ TO HA~'E AND TC; HOLD ~aid ribo~•e ciescribed propert}• fore~~er; PRC)~'IDED HO«'EVER, if sai<i :~lortgagot• stiall pa~• to the order of rlartgagee at its office or at such other place as the ~iort~a~ee shall, from time to time, iiirect, °vo~~.e~ ~oa~ ~ • s• Dollars 13 1 in _-.3,~-__. consecutiae equal monthly install- rrients of $_~L----- tach and a final installment of cnmmencing on the day ~~t 19_3[~_, and continuing on the same date of each successive month thereafter, together ~~•itt~ interest after rnaturit}• at the hi~hest lega! rate pius co=ts of suit and reasonab!e attorney's fecs. ~ti•hich sum Jiortga- ~cr hereU}~ promises to pay, and if ~Sortgngor shall ~~•ell and trul~• keeg and perform all co~•enants an1 candEtions herein c~untained, then this mort~age shall be void, othenvise to remain in full forre and effect. Motigagor covenants and agrees with biortgagee aa follows: (1} ThaL Mortgagor warranta and w~lll deSend the title to said property to Mortgagee againat any and all claima or demands whatsoever; Lhat said property is free and clear of any end all liens or encumbrances excepting the lien oi tnis mortgage; that tiiortgagor u•ill not sulfer or per:nit any lien or encumbrance of any kind ~r charaeter to accrue against said property; Ihat biortgagor will pay or cause to be paid ail taxes, license fees, franchise levies or other govern- mental charges againat said property or the uae thereof. t 2) That said prop?rty in now in poasesaion ~f ~ _ and shall be kept i t.~s.~~ ~ at - in the City of ~ • Utne[ addnuJ County, State ef and shall not be remove8 from said location ti•ithout «•ritten consent of I~Sortgagee excepting for temporary periods of use of such property in the ordinary course af business of the Lessee; tha! said property is now~ and shall at a~l t;imes be kept in good condition and rzpair; that said property shali not be used in violation of any State or Federai law; that said propert}~ shall te exhibited to Che Mortgagee from time to time aQ it may demand. (3 )'I'hat said property shFSll at all tirnes be inaured for such smovnt, in such companies and against such hazards as !~Sortgagee msy require and that the proceeds of such insurance shall be payable to hturtgagor and 1Tortgagee as their intereat mey appear. (4) That concurrently nerewith Mortgagor hss transferred, assigried and set oti•er to htortgagee aii of its rights, title and interest in and to all monies due or to become due under a certain lease agreement of the above named Lessee, as additional security for the debt evidenced herehy and that Mortgagor shall well and truly keep and p~rform ail co~~- enants and conditions of the trar.sfer, assignme;~t and endorsements thereot. (5) That time is of the essence hereof and if Mortgagor shall fail to pey an~ installment a.~ nerein provided or if default be me.de in the payment of any of Lhe rental inatallments due ur.der the lease agreement aforeinentioned, or if hiortgagor shall default in pertormance or shaU fail to observe, keep or perform any other provisions of Lhe mortgage required to be observed, or if Mortgagar ceases dotng business as a going concern, or if a petitian is S1ed by or against Mortgagor under the $ankruptcy Act or any amendment thereto, or if Mortgagor shal! make an aseignment for the beneflt of creditors or take advantage of any law !ar the relief of debtora, or if a receiver or any e$~cer of the court be appointed to have control of the property or assets af the Mortgagor, or if hiortgagee shal] deem the property in jeogardy or feel insecure, the unpaid balance due hereunder shall become due and pay'ab12 forthwith and Mortgagee may at itn option, and in additian to and without prejudice to any other remedy, wtithout notic~ or demand and with- ou*_ legal proceaszs, take pusaessian of auch property wt~erer•er it rrlay be located (with ell additlona snd aubstitutiona), w~hereupon all rights of Mortgagor to said property ahall terminate absoiutely. Any such reposaesaton shali not coneti- tute a termination of this martgage unlzss Mortgagee so notifles Mortgagor in writing and Mortgagee ~ay at its option aell the property at public or private sale with or without notice at which sale Mortgagee may be:.ome the purchaser. In the event of such a sale there shall be due from the Mortgagor and Mortgagor wili immediately pay to Mortgagee the difference between the purchase pr.ce at auch aale and ihe total unpaid balance to be paid herein, pdus all cogts and expenses of Mortgagee in repossessing, tranaporting, repai:ing, selling or otherwi~e handling said propeft}•, includ- ing attorney feea. (8) `o delay or omission to exercise any right, power or remedy accr~ing to Mortgagee upon any breach or default by ~fortgagor under ?his mortgage shail impair any such right, power or remedy oi l~Sortgagee, nor shall be corstrued as a w•aiver of any such breach or default, or oi any similar breach or default thereti.fter oeeurring; nur shall any waiver of a single breach or default 6e deemed a v~aiver of any subsequent breach or default. All w~aivers under this mnrtgage mus[ be in writing. Ail remediee either under this mortgage or by law atforded to Mortgagee 9ksa1: be cumu- :ative and not aiternatr. (7) That all of the terms and conditions of this mortgage shall apply to and be binding upon said :Kortgagor, and the persona] repreaer.tatives, succeasors and assigns of the Mortgagor, and ahall inure to the heneflt of aa{d ~.lortgsgee. its successors and aasigr.s. ~ r~_ 1~ Execu±ed in duplicate and deliti•e~ed by the ~Sortgagor, this~L day of '~1[ 19.~- ~vitness: r"~+3~a~ (derler) ~ . 1 ~ ~ 7 ~~j 4_ .~C.i~6"-r ~ i ~ r J~~ ~.JGi.-L . ~I-..~.._ BV' "-"'G"``" J_~=y~~ ~i'~l~fBil . c \ ~ roWnor Dar!nrrjoRlc~r) Mor+.gagor ~~~u-- c+_ ---r~-- . f:f~ t,..., t.~:-~.f ! ~ a ~ ~ l~ ~ ~~4 - - . , ~ , ~ ~ -l'. a ii .