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Home My WebLink About2904 2'i023'~ d ~ " - SECURtT]~ AGRS6MSNT (S4~e~DmenR Conaamsr ~ioods. Fbctates) • Dace.~._. June 71 JACK NAftRIS and CONSTANC~ HARRIS, his wife~w~ \ ame No. and Street _ Fort Pierce St Lucie Florid~„_ {u,e nebtor) .na ~llard W~~i~~grt,, Jr. c::y Coueqr state . (the Secured Part1?) airee ~s fotlows: . 1. ~Securit~ Interes~ (a) Tt?e Debtor hereby glves the Seeured Part,p ~ security interest (the Security Intertst) 1n ::~c Goods descrlbed below and !n ~11 parts~ aceessorles attachments. addltlons. repl~cemenls and acceaslons and !n aU pro- ceeds thereof fn any fonr~ (the Col44nl): Those ~ixtures and items of personal property on the attached list made a part hereto as Schedule A, together wi~h a real estate lease c~:~ted-Sept. 5_, 1968 between Sunrise Blvd. Shopping Center,Inc. and Richard A, ~utnam to Store #18 in the Sunrise Shopping Center Building Addition at Georgia yvenue and 6th Street, Fort Pierce, Florida, together with counters, lighting fixtures, good will, trade name and display signs. (b) If marked here O the Coliateral also includea other goods ot the same class or classea hereafter owned or ar quired by the Debtor and the Secured Party ahall have a security interest i~ all such atter-acquired gooda and all parts. ac- cessories. attachments, addltlo~s, replacements and accessior~s~ and in all proceeds thereof 1n any form. (c) . If marked here O the Collateral ia being acquired with the proceeds oi a loan irom the Secured Party to the ~ebtor. The Secured Party is authorised in its discretion W disburse the proceeda dlrectly to the seller ot the Collateral, 2. Indebtedness Seoured. This agreement and the security lnterest created by it aecures payment of ail tr?debtedness of every kind owing by the Debtor to the Seeured Par~jr whether now txisting or hereaiter i,~curred. direet or indicect~ and «•hether the indebtedness is irom tlme to time reduced and thereafter increased or entirely extinguished and thereafter re- incurred (lhe Indebtedneas). The Iadebtedness includes any sums advanced and any expenses incuned by Lhe Secured Party pursuan/ to this agreement. 3. ~Yar~anUes ot Debtor. The Debtor warranta and so long as this agreemeet aontinues !n force shall be deemed concinuously to warrant that: is) the Debtor is the owner ot the Collateral iree of oll aecurity Interests or other encum- brances. except the Security Interest; (b) the Debtor is authorized to enter into the Securlty A~ceement; (e) the Col- :ateral is used or bought for use primarily for the purpose marked below: ~ Q 1n buslness or professlonal operattoru; O For personsi. tamily or household purposes and the Debtor'a residence L at the addrea and in the county specified above; (d) If the Collateral !s or wl}l become s tlxture. it wlU be atiixed j~ to real ptopert~r at Debtoc's address speci- :icd above or p to real pwperty located at _...Y_.__._. The rcal property to whlch the Collateral w111 be afiixed p L owned by the Debtor or m fs owned br _ unrise Boulevard Sh~ ip~Center_, Inc. ~,a is aescrieea as touows• Store #18 consisting of approximately 1365 feet of floor space in the Sunrise ahopping Center Building Addition, Georgia Avenue and Sixth Street, Fort Pierce, Florida. (e) Ii ihe Debto Aas a lace oi business in more than one atate. the chlef place of buslness of the Debtor is .............._._Not~aPP~icabple ..__...~._....__.w........___..~..__.....___._._._ .....w__~_...___.____._._.~ 4. Govenaots of Debtor. As long aa any Indebtedness remains unpaid the Debtor: (A) will defcnd the Col:atcral a;;ainct thc cl~fma oI all other persons; w111 keep the Collateral frce from all sccurfty interests or other encumbrances, ex- ccp: the Security lnterest; and will not aell. transfer~ lease, or otherwise dispose ai any of the Cottateral or any interests ihere- :n without thc prior written consent of the Secured Party; tb) will keep the Collateral at the address speciticd above until :he ~ ccured Pariy is notitied in writing ot any ehange in its location within the State but the Debtor wiil not remove the Coliatera2 `rom the state without the wNtten consent of the Secured Party; wilt notity thc Secured Party promptly in writing of any change ..:he Debtor's adaress from that specified above; and will permit the Secured Pariy or its agents to inspect the Collatera:; - .c ~ wili kecp thc Collateral in good condition and repAir and w ill not uae the Cotlateral in violation oi any provisions of this ~c;urity ASrcement~ of any applicable statute, regulation or ordinance or oi any policy of insurance insuring the Collatc~al; ~vill execute and deliver to the Secured Party such financing statements and other documents. pay ali costs inciuding c~s:s of tltle searches and fi]ing financing statemenb and other documents in any public ottices requested by the Secured :~.zr:y, and take such other actian as the SeeurC~ Party may deem advisable to perfect the Security Interest created by this =~~rccment; (e) will pay all taxea. asseument4 and other chargea oi every nature which may be levied or asaessed a~ai»st :::c Coitaterat; witi insure theCollsteral against tisks by obtaining policies (none of which shall be canceliabie without at least 10 :.~•s notice to the Secu~ed Party) in eoverage. form and amount and with companies satisfactory to the Secured Party, ar.d at ~~~cured Pariy's rcquest will deliver each policy or certificate ot -insurance therefor to the Secured Party; (f) will prevent :he ~ :..,+:ateral or any part therco! irom being or becoming an accession to other goods not covered by the Security Agreement; unless the Coilateral is specified in paragraph 3. (d) as a fixture. will prevent the Coliaierat or any part oi the Collateral :-om becoming a tixture; and (h) it any certificate of tItle may be issued with respect to any of the Collateral. the Debtor cause the Secured Partr's interest under this agreement to be noted on the certiticate and wlll deliver the original certi- i:catc to the Secured Party. S. Del~ult~ (a) Any of the following shall constitute an event of default: (1) non-payment when due whether by ac- cc::cration or otherwisc ot the principal of or interest on any Indebtedness. time being of the essence, or failure by L:~e Debtor ~crtorm any obti~ations under lhis agreement or under any Other agreement hetween the Debtor and thc Secured Party; (ii) ~.c:~:n or ?ncompetency o1 theDebtor; (iii) tiling by or aga~nst the Debtor of a petition in bankruptcy or for reorgani:acion under :`c Bankruptcy Act or tor an arrangement under the Sankruptcy Act; (iv) making a gencral sssignment by ihe Debtor tor the :,cr~ef~t of creditors; the appotntment of a teceiver or tcustee for the Debtor or tor any of the Debtor's assets; or tt~e institu- :.on by or ~~;ainst the Debtor of any kind or insolvency proceedings or any proceeding tor the dissolution or iiquidation o: :.:c Debtor; (v) the occu~rence ot any event described in paragraph 5(a) (li). (iii) or (iv) hereof with respect to any in- ::o:scr or ~uarantor or any party lisble for payment ot any Indebtedness; or (v!) material falsity in any certif~cate, statement. :carescntation. warranty or audit at any time turnished W the Secured Party by or on behaif ot the Debtor or apy indorser or ;;;,arantor or sny other party ltable fo~ payment of any indebtedness. pursuant to or in coneection with the Security Agree- r.,~nt or otherwise (includir?s warrantles in this agreement) and fncludln~ anr omission to diselose any substantial contin- ;;cnt or tiquidated liebilitlp or any materlal adverse cAan~e in t~ct disciosed by any certiticate. stateme~t~ representation, ~varrant~r or audlt turniahed to the Secured Pary?. . l ea~ i92 2~g98 ~ _ . . _ _ .4 . _ _ - ~