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HomeMy WebLinkAbout1833 5. Uae the proceeds of the loan solely for the purpasca set fasth in the Aut6orization for the Loan issued by ~ Payee. 6. On demand~ reimburae Payee for any and ali expenses incuned~ or ~hich may be hereafter iacurred by Pay- ce from timt W tima in connection with or by reasoa oE borrower's applicxtion for~ and the nsaking and adminiatratioa of~ the loan. Neaative Covenawts. - The Undersigned covenants snd agrees that, ~vithaut the p~ior writt~n cnnsent of the Pay- ee, Undersigaed will not: 1. Create, assume or otherwise suffer to exist any mortgage, plcdge or other incumbrance upon any ot the raal or tangible peraonal property of thc Undcrsigned~ vvhether now owned or hereafter scquired~ exctpt (a) Iiens fa taxes oc other goveramental chuges nat delinquent a being contested in goad faith~ or (b) purchase mwney liena upon prop- erty accuired after t6e date of the Note, and other liens upon auch property at the time of the acquisitioa thereaf. 2. (a) If Underaigned is a corporation, daclue or pay any dividead or make any distri6uti~n upoa its capital stock~ or purchase a retire any of its capital stock, or coasolidate cu merge with any other compsny~ or make aey advance, di~ect9y or iadirecdy, by way of loan, gift~ bonus, commission, or athccwise, to sny campaay direcdy or in- dirtcdy coatrolliug ar affiliated with or controlkd by Underaignedw or W any officer, director, or emplayee of Under- ~ aigned~ or of any such campany, (b) if Undersigned is a partnership a individual~ make uny dis?ribution oE aeeeta of the businesa of Undersigned, other thaa reasonable compenaatioa for servicts. or make any' sdv~nce, dieecdy oc in- direcdy~ by way of loan, gih, bonus, commission, or otherwis~, to any pxc~tner or any o# its employees~ or to any company directly or indirectly controlling or affiliated with or controlled by Undersigned. Events o j De(a+al~. - Thc indebtedness (including principal, interest snd expeuses) a6a11 immediately becowe due and payable~ without notice or demand~ upon the appointment of a receiver or liquidator, whether vnluntary a in- ~ voluntary, for the Undersigned or fnr any of its Fuoperty~ a upon the filing of a petition by or against the Uadersign- ' ed under the provisions of any Siate insolvency lav~+ or under the p:oviaions oE the Bankrupscy Act of 1898~ as amend- ed~ or upon the cnakiag by the Undersigned of an assignment Ea the benefit of its cred,itas. Payee ia authorized to dcclar~ all or any part of thG indebtedaess immcdiately due and payabte upou the happening~f any of the following events: (1) Failure to pay any part of the indebtedness when due; ~2) nonperformaacc by tht Underaigned of aay agTeement with, or any condition imposed by, Payee with respect w the indebtedaess; (3) Payce's diacovtry of the Undersigncd's failure in any application oE the Undtrsigaed to Payee w disciose any fact deemed by Payee to be material or of the making therein a in any of the said agreements~ or in any affidavit or other documenta aubmitted in conu~ction with said application or the indebtedness~ or of any inisrepresentatioa by, oa behalE o~, or for the bene- : fit of the Undersigncd; (4) the reaganization (other thaa a reorganization pursuant to any of the provisioas of the Bankruptcy Act of 1898~ as amen3ed) or merg~r or coasolidatioa of tht Unde~signed (a the making of any agceement therefor) without the prior written cnnsent of Payee; (5) the Undersigned's failuro duly to account, to Payee'a satis- factian, at such time or times as Payee may require, fnr any of the collateral~ or proceeds thereof, comiag into the con~ol of the Undersigned; a(b) the institution of any suit affectiag the Undersigaed deemed by Payee to affect : ad~ersely its interest hereunder in the collatera] or otherwise. Payee's Eailure to exercise any of ita rights uada this paragraph shail aot coastiiute a waiver thcrcof. ; Upom m~payment of interest oe any instal(meut of principal when due, the Undersigned and sureties authorize ~ the Payce to seli~ at public nr private sale, any or ail collateral deposited and proptrty pletlged to secure the pay- ment of this Note~ and apply the proceeds of sale, lesa cxpease, w the payment of this Note. E ~ The security rights of Payee and its assigns hereunder shall aot be impaired by any iadulgtnce, roleass, re- ~ newal, eztensian, a modifacation which Payee may grant with reapect eo the indebtedaese or any pact thereof, a in reapect to the collat~ral oe in respect to any andaser, gu~r=ntor, or sutety without notict ar conseat of the Under- signed or any endorstr~ guaraatnr or surety. WITN'F..SS rhe ~eal of tha aorgoratian and the signat~rae ot the dtt~y authori~~d ~ftice~ra. J~~B '.~T.~'i`R:ICAx~ 3~."'tYIr it~. ~ ~ t f~ e i:_ u 7`f ' ( L•S• ) `T ~z~<,s er~ ~ ~T~:~~~T s ! { L+ S • ) I~le hereby guarantee payment of this Note: x„~ . o="pOT~t e Se~1.~ ~ ~ .Z.~ ~ ~ 1 J Not~. - Ca~ryo~rata aypllemte or ryu~amton mwt ~:~cute Notm, in esurporut~ b~as, br bnir anthoHsed o!l~e~r, a~d wd mu~t b~ adtlsrd and duly att~stsd; pra~tn~r~tp appUco~ts or q~ar~to~ ioust a~cvt~ Mot~ 1n tfa~ r+~. topR6a witb aL~atae~ of a p~fal pQtnx. S8A Form 326B (8-63) c~c ae~-s33 BOCK ~~1 ~ 3~