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Home My WebLink About0919 20 . That Mottgagor wdl nu! permit eny otAe~ hens lo be hted aga~nst the sa~d pram~ses and ~f an~ such i~ens are file~i. whetne~ (lar0moun~ Ur SUbOt ~~ate to Ihis mortgage. Morlgagor wdi have o~ cause to bs hed sa~d I~ens d~schargect ~mmed~ately 2) Mortgagee shall hsve tAe ngM to charge Mortgagor's account w~th Mortgagee tor the ~nte~ost end piinapei payable as pruwded ~n ihe prom~ssory ,;e as such becomes due ~n aceorda~cs th~rew~th 22 If the Mort~age~ requests. Mortga{~w he~eby covsnants and agrees thst Morigagor w~ll furn~sh ~he Mortgagee annually from the date of th~s •,nrtgage mstrument. unless soms other date is sqrsed to betwean the pernes m wnbng, e teni(~ed a~d~ted financ~al statement o( the Mortgagor end annual ,~n~plete operaung statements of Mortyago? It ths Mortgsgoi s hscal a calenslar year sha8 not co~nade wuh the data here~n apec~f~ed. then the date wh~ch +r,e Mortgagee shall specit~r shall be eontrolling. Mortyagor sheil supply Morigagee w~th sueh other i~nancial statements as Mortgagee may from t~me to t~me ~~:~uest 23 It is egret~d thst nothing herein contained nor any transect~on releted the~eto shall be construed or so operate as to requue the Mortgagor to pay ~~~:rest at a rate greater than it is now lawful in suth cass to co~trect for. or to meke bny payment or to do any act co~trary to law, thet ~i any clauses or :~~~v~s~ons herein contamed ope?ate or would prospectively operats to mvalidate th~s Mortgage or sa~d Note m whole or in part. then. suc~? clauses end ~v~s~ons only s!?all be held for ~aught. ss though not heroin contamed. and the remamder ot th~s Mortgage shal~ rema~n operatwe and ~n tull to~ce and eHect 24 I( all or any part ot the mortgaged property shsll be damaged a taken through condemnation (wh~ch term when used ~n th~s mortgage shall ~n- ;:,de any damage or taking by eny govemmentel suthority. and eny transfer by pnvate sale in I~eu thereoll. either temporanly or permanently. the en~ue m- :ebcedness secured hereby shall at tM option of the Mortgagee. become ~mmed~ately due and payable The Mortgagee shall be enUtled to au compensaaon ~•.tiards. and other payments or reliet therefor and is hereby authonied. at ~ts Option. to commence. appear m and prosecute. in ~ts own or the mortgagor'S •~ame. any act~on oc proceeaing relat~ng to eny condemnation. and to settte or compromise any cla~m in connecUOn therewfth. All such compe~sat~on. awards. damages. cla~ms. rlghts of action and proceeds and the nght thereto sre hereby ass~gned by the Mortgagor to the Mortgogee. who. after deduct~ng rr~ere(rom all ~ts expenses. inciudmg attorney's fees. may rebase any moneys so recerved by ~t w~thout affecung the lien o( this mortgage or may abply the ,.~me m such ma~ner as the MoRgagse shall determme. to the reducoon of the sums secured here~y. and to any prepayment charge here~n prov~ded. a~d eny ~.:~iance o1 such moneys then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further ass~gnments oi any compensat~ons. ,.1ards, damages. claims. nghts of action and ptceeeds as the Mortgagee may requue . 25. Any personal property and fixtures, now owned or hereafter acquired by MORTGAGOR, including but not limited to furniture, furnishings, appliances, equipment, office equipment, machinery and building muterials, now or hereafter located on the real property encumbered by this Mortgage, shall be referred to as "COLLATERAL". This Mortgage shall be construed as a Security Agreement under tt?e provisions of the Uniform Commercial Code adopted by the 5tate of Floridq and MORTGAGEE shall be constn~ed as a Secured Party under said Uniform Commercial Code, with a security interest in all COLLATERAL, now or hereafter acquired by MORTGAGOR, and entitled to all rights and remedies of a Secured ' Party in the event of Debtor's or MORTGAGOR'S default. 26. This Mortgage is subject to the terms and provisions of a Loan Agreement entered into by MORTGAGOR and MORTGAGEE, of even date herewith. Any Event of Default as set forth in the Loan Agreement shall constitute a default hereunder. IN WITNESS _WHEREOF, the said MORTGAGOR has hereunto signed and ; sealed these presents the day and year first above written. ~ ~ Signed, sealed and delivered INDIAN RIVER TERMIN~IL COMPANY ~ ' t e presence o • ~ ; = ~ (SEAL) - resident C ~ ~z~Yb° g~ . E R • ` ~ ~EA~) z By. ecretary ' - ~ ' ~ ~ - ~ (CORPORATE SEAL) - J ~ ~ ~ : - N _ ~ ~ ' ~ ~ ~ STATE OF FLORIDA ) , ' - ) SS ~ . . `o```~~ ~ COUNTY OF S ~ • ~'i' C ~ ~ ) . ..,:,3~ 11\~~~~ '4 ;r I F-EREBY CERTIFY that on this day personally appeared before me, an ~ officer duly authorized to administer oaths and take acknowledgments, :q~ ~ ti A R 0 L cs ~ w ond m i c w A t~, 3. E G~' , the Pres ident and - ecretary, respectively of INDI N IVERrT- M N~L COMP~NY, F~ a ori a corporotion, to me well known to be the persons described in and who executed the foregoing instrument, and they duly acknowledged before me that they executed the same on behalf of said corporation, and fer the purposes therein expressed = WlTNESS my hand and official seal at f- v~ T K~~' ~ Florida, this '~K ~v • %~:S ~ day of January 1978 . . _ ~ . ~ ~ ( i.~i . ~n - _ ~ ~ ~ : _ NOTAF.tq~ ~'UBLI , State of Florida _ ~ r, i MOIARY MlltlC STATf t)f iIORIQA A1 IA~GE - _ Mr ~~omrxt7ssion expires: ~r co~issioN ~clt~B oC~ . z~ ~t ._r:~ ' . . , , . ~o~ rwu c~~t~u ~a. t~odtwitr~ 3 60Wc ~OIJ F~GE eJ~V ~ - - - - _ ~ : _ ~r ~ ~ ' ~ s -a;' , . . . . r ..y. . . . . >._,_..n