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Home My WebLink About2439 o~~curi#~ c~c~lgreement (C:HATTF.L MOR7IGACE) ~(~is ~greentent~ made the 2oth aay oE June ~a undet the laws of the stace of F10I'ldd ~PftiUPett ST. LUCIE HARVESTING CORP, herun called che Deboor ahose business addcess is (if none, arice "none") POSt OffiCe Box 1358 Fort Pierce, Florida sWd~wb~oaoc~i9hao~cQC~xiac ~ ' ' ~'t'd DiG~ORGIO CORPORATION herci~ called the Secured Pacty whose address ls One Maritime Plaza San Francisco, California ~ittiessE•tl~: To secure the payment of aa iadebcedness in the amounc oE t 144 ~ GSO . with interest. payable aa Eollo~vs: The principal sum shall be payable in five equal successive annual installments, the first of which shall be due and payable one year from date. Interest at 6$ per annum shall be due and payable semi- annually the first payment being due six months from date. au~~~ c~?1~tc -~a~7 p~ s+n~..,ps «4-~y~t - as evideoced by a aote or aoces of even dace hecewith, and also to secure any ocher iadebtedaess or liability of t6e Debtoc - co ~he Secured Party direct or indirect. absolutc or contingent~ due or to become due. now eziscing or hereafter arising, includin¢ all future adva~ces or loans which may be made at the opcion of the Secured Paay, (all hereinafcec called t6e "obligauoas ) Debtor hereby grants and conveys to c6e Secured Party a security interest in. and mortgages co t6e Secured Paccy, - (a) t6e propeay described in c6e schedule herein (hereinafter called ehe collateral). wtiich collateral the Debtoc reptesents witl be used primarily ? for personal~ family or houselwld purposes in farming operations ~ in business or ot6er use (b) all property. goods aod chactels of the same classes as those scheduled, acquired by the Debtor subsequrnt to the ezecution of this agreement and prior to its tem?ination ,(c) all Qmceeds c6eteof, if any. ' (d) all ~ncreases~ substuucioas. replacea?eats. addicions and accessions theceto. DEBTbR Wt~I1ZRAN7~ COVENANIS AND AGREES AS F10LLOWS: To pay aod perform all of che obligations secured by chis agreemen~ accocdin6 to t6eir cerms. To defend the citle to the collateral against all pecsons and againsc all claims and demaads. a+hacsoevet, which coUateral, e:cept for t6e security interest granted hereby, is lawfully owned by che Debcor and is aow fcee and clear of any and all tirns, security incerests, claims, charges. encumbnnces, tares and assessments ezcepc as may be set foah in che schedule. On demand of che secured party to do the following: fumish further assuraace of ticle, ezecute aay written agreemenc or du any other acts necessary co effectuate the purposes and provisions of chis agreement, execute any insceument or state- ~ ment required by law+ ot othenvise in ocder to pecfecc. continue or terminate the security intetest of the Securcd Party in the E ~ collateral and pay all coses oE filin i~ connection thercwith. € To retaia possession of the co~acecal ducing che ezistence of this agreemenc and rtot to sell, ezchange. assign. loan. ~ deliver. lease. aangage ot otheraise dispose of same without the writteo coasrnt of the Secuted Party. ~ To Icecp che collateral ac che locaiioa specified in ~he schedule and oot to remove same (escept ~n che usual course of s business for temporaty periods) without the pnot written consent of che Secu[ed Pany. ~ To Iceep che collateral kee and clear of all liens, charges, encumbrances~ tazes and assessmeats. To pay, when due. all ta~tes. assessmen~s and license tees celating to c6e coilateral. I To keep the collaieral, at Debtor's own cosc and ezpense, in good tepau and coodition acd available for inspeccion by ~ che Secured Pacty at all reasonable times. To Iceep the collatenl fully iasured agaiasc loss by fire, t6efc and ocher casualties. Debtor shall give immediate ~ written notice co the Secured Pany and to insurors of loss or damage co ihe collaceral and s6all promptly fite prooEs of loss ~ wich insurors. ~ i THE PART7ES FURTHER AGREE ~ ~ R'aiver of or acquiescence in any default by the Debtor,or failure of c6e Secured Patty to insisc upon strict perfotmance ~ ~ by the Debtor of any aarranties or agreements in this security agreemeot, s6a11 noc constitute a waiver of any subsequent ~ or other default or Esilure. Notices to either party shall be in writing and shall be delivered personally or by mail addressed co the party at the ? i address hertin set fonh or otherwise designaced in writing. f The Unifoem Commercial Code shall govem the righcs, duties and temedies of che paaies and any provisions herein de- clared invaGd under any laa shall not invali~ace any other provision or this agceemeat. i The folbwiag shall constitute a default by Debmr: ~ i Failure co pay che principal or any inscallmcnt of ~rincipal or of incerest on the indebtedness or any notes wbrn due. ~ Failure by Debtor to comply wit6 ot perform any provis~on of this agreemenc. Falae or misleading represmtacions or ~rar• ranties made or given by Debcor in conneccion with t6is agreemenc. Subjeaion of the collatecal to levy of e:ecutioa or " other judicial process. Commencemrnt of sny insolvency proceeding by or againat the Deb~or. Death of c6e Debtor. Aoy re- ~ duction in the value oE the collateral or any act of cheDebtor which imperils che prospect of full petfoimaoce or satisEsetwn ~ of che Debcor's obligations hereio. Upon any default of t6e Debtor and ac che opuon of che Secured Party. the obligations secuted by chis agreemeot shall ~ ` immediacely become due and payable in full withouc notice or demand and the Secured Party shall have all the rights, rem- y; l edies aod privileges with respect to repossession~ cetentioa aod sale of the coliatera! aod disposition of the pmceeds as ~ ' are accorded by the applicable sections of the Unifocm Commetciai Code respecting "Default". Upoo any defaulc and upoa demaod, Debtor shall assemble the collaceral and make it available to t6e Securcd Party at the place and at the time designated io the demand. ~ ` Upoo any default. the Secured Paay's reasonablt anomeys' fees and t6e legal and other esprnses for pursuing, ~ searching for, receivina~ takin~~ Iceeping. storing, advectisina, and selling the collaceral shall be chacgeable to the Debtor. ~ Il~e Debcor s6a11 remain liable foc aoy deficiency cesulting from s sale of the collatenl aad shall pay any such de- ~ ~ ficiency Eott6aith oo demand. IE che Debtor s6a11 default in the performaace of aa~y of tbe pcovisioos of this sgreemeat oa t6e Debtor's parc to bepeo- ~ fotmed, Secured Paceq may perfo~m same for t6e Debtor s account and any monies espetided ia so doing s6all be chtraesble ~ f w+ic6 inceresc co c6e Debcor and edded to che indebtedness secured bereby. ~ f The Secured Party is hereby auchorized co 61e a Financiug Scacemenc. 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