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HomeMy WebLinkAbout2130 .t~ ~ 14. To pay ~11 and sinqular ths co~ts, ~harqes~and axpsases, includinq reasonable lavyer'r~ less and faes !or appellate ~rork and costs o! abstract o! title, incurred or psid at any time by said Mortqaqee becauae and/or in the event o! the lailure on the part of the said Mortqaqor to duly, prva?ptly an8 lully pertorm, discharqe, -executa, eflact, caaplete, aoa~ply with and abide by.each and svery the stipulations, aqremaents, conditions and covenaats o! aaid promiasory notes and this mortqaqe, any or eitAer and aaid coste, charqea and expensas, each and every, shall be ima~ediately due and payable, Nhether or not there be notice, demand, atte~apt to collect or suit pendinqs and the lull amount of each and every such payment ahall bear intareat fran the dste thereo! until paid at the enme rate as is-epecified, in the ~otes secured hereby, as payable a~ter default _ in payment o! said notea and all aaid costa, charqea and expenses eo incurred or paid, together Mith such intereat, ehall be secured by the lfen o! thie mortqaqe. ~ 15. That Mortqagor Kill not permit any other liens, mortgaqes or encumbrances against the eaid premises, and it any auch lieng, mortqaqes or encumbrancee are incurred, whether paramount or sub- ordinated to this mortqage. Mortqaqor Will cauae such liena, mortqaqes or encumbrances to be discharqed im~aediately. ATithout limitinq the foreqoing, ahould there~b~ a lien euperior in dignity to the lien of this mortqaqe With Mortgagee' consent, it is covenant and aqreed that should the terma ot a lien superior in diqnity to tRat ot thia mortgage be modilied, altered or varied without the ~rritten consent of the Mortgagee herein, or should any lien superior in diqnity to that of this mortgaqe be or became in de~ault, then and in such event the ~ Mortqagee herein may at its option accelerate the ir~debtednesB secured by this mortqaqe and declare the same to be all due and payable without notice to Mortqaqor or any other person. 16. Mortqagor shall furnfsh to Mortgaqee and/or t~ny creditor of Mortgaqee Which Mortqaqee may direct, quarterly financfal statements and an annual certitied audit ot the operation of radio station WFTP- AM, or fts succeseor, of the Mortgagor in total and shall also provide unaud-ited annual balance aheets of each General Partner of the Mortgagor. Such ifi~ea required 2~ereunder shail be in a form acceptable to the Mortqaqee and any creditor of Mortqaqee as named above. Said quarterly stat~ment ahall first be provtded ninety (90) daya a~ter approval of that certain license trans€er of radio station o~i+'TP-AM between Mortgaqee ~ and Mortgagor by the Federal Camaunications Carmaission. In the event ` any required items hereunder are not furnished on any occasion when t t due within thirty (30) days alter due date, or if any intormation con- ~ ~ tained therein cause any creditor of Mortqaqee to either not accept ~ = the promiasory note secured hereunder as collateral fram Mortqagee or reduce the value placed on said note as collateral, then auch state- ~ ments shall be aeemed defective, and if auch defects are not cured to ~ ~ the satisfaction of such creditor and Mortgaqee. WitAin sixty (6Q) days ' E atter notice of auch defect, Mortgagor ehall be in default ot this ~ ~ Mortqage and the obligatton secured hereby and Mortgagee shall be ; ~ atforded all riqhts and may immediately exercise all rtqhts of collection $nd_foreclosure granted to it under the terms of this Mortgage. ~ ~ ~ 17. T3me is of the essence hereunder. ~ 18. Each right, power and remedy herein conferred upon the ~ Mortgagee ie cumul~tive of every other riqht or re~edy of the Mortgagee, ` whethQr herein or by law conferred, and may be enforced concurrently ~ ~ thereWith. _ ~ iN WITNESS WHEREOF, the Mortqaqor has executed these presents ~ under seal the day, and year tirst above written. t ~ ~ Signed, sealed a~nd delivered ; ; in the presence ofs MEDIA INVESTORS, LTD., a ~ Missouri Limited Partnership ~ ~ ~ ~ ~ s E. c ey ~ ~ General Partner ~ -6~- 6~R~:3li ? ;~~!~r29 MCOONALO. KENNEY Q RUSSAKIS ?IWI[1~~OMAL A~iOC1AT10N / A1T011N[~• A? LAw = SYtTt 200. CiTIZENf FEOERAI •UlLO1N0. If00 iOYTM F[OERAL M16NWAt, i0111 •1[RC[, F101110A !1~lO ~ @ ~~"'T. -W\ F p rr~ r~wnr~ r~ns. •unaft -