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',.,U.S. counsel retained by Mortgagee, title insurance .cost, survey
• cost, supervising architect fees, engineering fees, recording
fees, appraisal fees, inspection fees, docun?entary stamps and
other taxes and all other expanses necessarily incurred.
Mortyagor agrees to pay all and singular the coats, charges,
expenses, including attorneys' fees, reasonably incurred or paid
at any time by the Mortgagee because of the failure of the
Mortgagor to perform, comply with and abide by each and every of
the stipulations, agreements, conditions and covenants contained
herein and in the Note and other security agreements mentioned
herein.
Section 3.11. All of the grants, covenants, terms
provisions and conditions herein shall run with the land and shall
apply to, bind and inure to the benefit of the successors and
assigns of Mortgagor and the successors and assigns of Mortyagee.
Section 3.12. Whenever the text in this instrument so
requires, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural.
Section 3.13. Upon request of Mortgagor, Mortgagee may,
at its sole option, from time to time before full payment of all
indebtedness secured hereby, but in no event more than twenty (20)
years from the date of this Mortgage, make further advances to
Mortgayor; provided, however, that the total principal secured _
hereby and remaining unpaid, including any such advances, shall•
not at any time exceed the principal sum of FIVE MILLIOti UIJITED
STATES DOLLARS (U.S.S5,000,000.00). If so requested by Mortgagee,
Mortgayor shall execute and deliver to Mortgagee a note evidencing
each and every such further advance which Mortgagee may make,. such
note to be payable on or before maturity of the indebtedness
secured hereby and to contain such terms as Mortgagee shall
require. Mortgagor shall pay all such further advances with
interest, and the same,. and each note evidencing the same, shall
be secured hereby. All provisions of this- Mortgage shall apply to
each further advance as well as to all other indebtedness secured
hereby. Nothing herein contained, however, shall limit the amount
secured by this Mortgage if such amount is increased by advances
made by Mortgagee, as herein elsewhere provided for to protect the
security. The word "Mortgagor", as-used in this Paragraph,
includes any successor in ownership of the lands encumbered by
this Mortyage.
Section 3.14. The Note secured by this Mortgage is issued
on. the condition that the Maker shall have the right to prepay the
principal amount outstanding thereunder in whole or in part at any
~ time and from time to time, without bonus, upon 48 hours notice to
the Payee of such prepayment.
IN WITNESS WHEREOF, this Mortgage has been duly executed
at Toron.o, Ontario by Mortgagor as of the day and year first
above written.
Witnesses: BURNAC PRODUCE, INC. ";,r:w~~J.o~ ~
a Florida co por t ion ~ t~ flCi'
s+ ~ n
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_
.s~+ • • _
( "MORTGAGOR" ) ~ ~ o
(As to MO GOR)
PROVItJCE OF OiJTARIO ' "
JUDICIAL DISTRICT OF YORK , , , s;- ~ ~ I -
The foregoing instr ent was owe _,efore me this
?O~ day of August, 1979, by f of t
tit AC PRODUCE, INC., a Flori a corpo n, o t e
corporation.
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