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HomeMy WebLinkAbout2138 . _ - - . . . . _ _ . . . - j; , , f ninsty (90~ daye £raa the date of raceipt of ~aid notic~ to eflect ouch_m~intenance or repaire, or if ninety (90) days i• not~a sufficient amount of time to caaplete it, then within that ninaty t. _ . t . ; (90) day period Media ehall 8ubatantially comaQence°to~eff~ct such mafntenance or repairs. If after the ninety (90) flay period ; Media has not complied with the tenr~s set forth herafn, then - ~ C;ulfatream shall have the ri ht to undertake such maintenance ~ Q arid repairs for the actusl amd realistic cost of samQ and collect the cost from Media. Failuria of Media to immediately pay ~ueh " coat of repaire shall entitle Gulfstream to file an action at law or in equity against Media for the collection of same. . T'he said mortgaqe ia hereby modiffed.to be the ~ aqreement between the parties and conditiona of the mortgaqe with respect to Media's duty of maintenance and repairs. ~ - 5. Notwithstandinq anything contained in Paragraph 5 of the aforesaid mortgaqe dated December 22, 1978, to the contrary, the obligation set forth in Exhibit "C" attached hereto and aecured hereby~shall not be assumable during the first five (5) years fran the date hereof, and thereafter said obligation will be aesumable, ~ k without release of Media fran obligation thereunder, by a Buyer i ~ - ~ j approved by Gulfstream, which approval shall not be unreagonably , ~ withheld and shall be based upon acceptable credit and broadcastinq ; experience, conditioned upon the obligation being modified to bear interest fram the date of such assumption at a rate equal to one (11 percent above the p~ ime rate as determined by the Cheanical Bank # + of New York or its successor, and being modified further to call 9 d " ~ for monthly installment payments of principal and interest calculated ~ , ~ to fully amortize the loan as of the date of maturity. If majority g ~ . ~ ownership of the Radio Station WFTP-AM or the property mortgaged ~ i hereunder is sold or transferred (as the same may be determined ` : i ~ • ~ by a Federal Camnunications Co~cnnission ruling at the time of the sale and/or transfer) it shall be deemed to be a transaction ~ f ~ - ~ ~ $0~~311 PACEz~37~ ~ ~ ~ i -4 - + ;