HomeMy WebLinkAbout1040 (d) any and all awards or payments , incluainq i,~zeresz Lr~Crc~r~, ~~,y
the right to receive the same, which may be made with respect to the Premises
as a result of the extrcise of the riqht of emi~,~nt domain, the alteration of
the qrade of any street, any~other injury to or decrease in the value of the
~remises, or proceeds ef insurance awards, to the extent of all amounts which
may be secured by this Mortgage at the date of receipt of any such award or
payment by Mortgagee, and of the reasonable attorneys' fees, costs and disburse-
ments i~curred by Mortgagee in connection with the collection of such award or
~ayment; and Mortgaqor agrees to execute a~d deliver, from time to time, such
further instruments as may be requested by Mortgagee to confirm such assignment
to Mortqagee of any such award or payment; and
(e) all le~.ses of the Premises,now and hereafter entered i~to and
all right, title and interest of the Mortgagor thereunder, including; without
limitation, cash or securities deposited thereunder to secure performance by
the lessees of their obligations thereunder, whether such cash or securities
are to be held until the expiration of the terms of such leases or applied to
one or more of the installments of rent coming due immediately prior to the
expiration of such terms, including,~further, the right upon the happening of
an Event of Default, to receive and collect the rents thereunder.
TO H~VE ANO TO NOLD the above described property unto the Mortgagee,
its successozs and assigns forever.
. The Mortgagor hereby covenants with the Mortgagee that the Mortgagor
is indefeasibly seized with the absolute and fee simple title to said property,
and has full power and ~3wfu1 authority to sell, convey, transfer and mortgage
the same that it shall be lawful at any time hereafter for the Mortqaqee to
peaceably and quietly enter upon, hav.e, hold, and enjoy said property, and every~
part thereof; that this mortgage is and will remain a valid and enforceable
first lien on the mortgaged property; that said property is fr~e and discharged `
from all liens, encumbrances, and claims of any kind, includi~g taxes and
assessments; and that the Mortgagor hereby fully warrants unto the Mortqaqee
the title to said property and will d~fend the same against the lawful claims anc°=
demands of aIl persons whomsoever. -
If any of the Mortqaged Property is deemed to be personal property
under the Uniform Commercial Code, this Mortgage shall co~stitute a Security
Agreement and a granting by the Mortgagor of a security interest in such pro-
perty to the Mortgagee to secure the payment of the indebtedness secured by
this Mortgage.
NOW THEREFORE, the conditio~ of this mortgage is such that if the
llortqagor sha11 well and truly pay unto the Mortgaqee, the indebtedness evidencec~
by that certsin promissory note (herein sometimes called "Note" or "Mortg~ge
note"), of even date herewith, made by the Mortgagor and payable to the MortgageE~
in the principal sum of $ 750,OOQ.00 together with interest as therein :
stated, and shall perform, comply with and abid.~ by each and every of the stipu-~
2ations, agreements, conditions and covenants contained and set forth in this
mortgaqe_and in the promissory note secured hereby, then this mortqaqe and the
estate hereby created shall cease and be null and void.
AND the Mortqaqor does hereby covenant and agree:
1. To perform, comply with and abide by each and every of the stipu- ~
lations, aqreements, conditions and covenants contained and set forth on said
promissory note and this mortqage deed.
2. To permit, commit or suffer no waste and to maintain the improve-
ments at all times in a state of qood repair and condition; to comply with, or
cause to be complied with, all statutes, ordinances and requirements of any
governmental or other authority relating to the mortgaged property; and to do
or permit to be done to said Premises nothing that will alt~r or change the
use and~character of said property or in any way impair or weaken th~ security
of this mortgage. And in case the refusal, neglect or inability of the Mortgago.~
to repair and maintain said property, the Mortgagee may at its option make such
repairs or cause the same to be made, and advance moneys in that behalf.
3. That no building fixture or Fersonal property or other property
no~a or hereafter covered by the lien of this Mortgage shall be removed, demolish•`
or materially altered, without the prior written consent of Mortgagee.
4. That Mortgagor will promptly pay and discharge any and all license
fees or similar charges, together with any penalties and interest thereon, which
may be imposed by the jurisdiction ~n which the Premises are situated for the
use of vaults, chutes, .~reas and other space beyond the lot line and under or ab
tinq the public sidewalks in front of or adjoining the Premises; that Mortgagor
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GWEENE AHO LAIIHE P~.ATTOFiNErS wT ~ww, ~20 N E~B~^ S7pEET, MIAM1, iLOA~DA ~)132
80~219 PACf~~40
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