HomeMy WebLinkAbout1924 a[CYRITY As R[[M[N f tCNATT[t. MORTOAe[I RAMCO FORM q
UNIPORV COMM[RC1Ai. COO[ tiNO. OR CORP.1
~
(CHATI~.L MORTGAGE)
~~t~ ~~e~~ made the 28th day of p 19 7g
Hader the laws of the :race of F1oridi~
~6~i~tt E~iANC?,900 J. I~r l~'ELVIId G. C~,EY aX1d H7y~liip E.herein called the Deboor
whose 6usinesa address is (if ooae, write "none") T
C/i~ Agro Tech International, Inc.,
10621 Morth Kendall Drive, Miami, Flor a 33176
and whose reaidatce address is
and J1~Y~+ES L. LIAVIS, QAWis~ T. OAVIS and JAS L. L1AVI,$, / herein called dte Secured Party
whose address is 4355 Sabal Palm Road, Miami , Florida 33137
~l~th:
To secure the payment of sn indebtedness in the amount of = 2 ~ O52 r 851. OO with interest. payable ai follows:
:83,875 plus accrued interest on unpaid principal balances at 6% per annum
quarter annually on April 1, July 1, October 1 and January 1 each year until
paid in full. '
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as evidenced by a note or Dotes of rtes date herewith, and also ro secure nay other indebtedness of liabi4cy of the Debtor
ro the Berated Patty direct or iodirea. absolute or contingent, due or to bernme due, Dow eziscing or hereaher wising,
including all future advances or loans which maybe made ac the option of the Secured Patty, (all hereinafter called the
P'oblyigaaons") Debtor hereby grants and conveys to the Secured Party a security interest in, sad moagagea to the Secured
, ri) she gasges!y aes!'?~Md is! the a~b~plr herein (hereinafter called the oollueral), which collateral the Dtl~tas ,
represents will be used primarily
~ ~ for personal, family or household purposes ®ia (arming aperacions ~ in business or other nse
(b) all property, goods and chaccela of the same classes as those scheduled, acquired by the Debtor anbaequmt ro the
e:ecutioa of this agreement and prior ro its termination
(c) all proceeds theteoft if any,
(d) all rncreases, substitutions, replacements, additions and accessions thereto.
. DFBTt7R WA1Z!2AN'T~ G~4VENANTS A1VD AG.BEES AS FOLLOWSr
To pay sad perform all of the obligations accrued by this agretmeac accotdina to their terms.
To defend the title to the- colluenl against all persons and against all claims and demands, whatsoever, which
colluerat, ezcept for the security intecese granted hereby, is lawfully owned by the Debtor sad is Dow free and cleat of
any and all liens, security interests, claims, chuges, encumbrances, cases sad assessments a:cep( as may be set forth
in the schedule.
On demand of the aerated partyp to do the folbwing: famish farther assarance of title, a=crate any written agreement or
do any ocher acts necessary to effectuate the purposes and provisions of this agreement, ezecuce any instrument of state-
ment cequircd by law or otherwise in order co petfea ooncinue or termiaue the security interest of the Secured Party in the
collueral and pay all costs of film to connexion t~ecewith.
To stain possession of the co~tenl daring the eustmce of this agreement anti not oo sell. ezchange, assign, loco,
deliver. lease. moteaaage or othet~rise dispose of anent witbont the written consent of the Secured Part)r.
To keep the collateral ai the locuioa specified in the schedule sad not to remove same (e:cep( to the usual course of
business for temporary periods) withoat the prior written consent of the Berated Party.
To keep the colLtecal free and ekar of all liens, charges, mcambrances, azes and assessments.
To ppaay, when due, all lazes, assessments and license fees celatinb co the collateral.
To kee the collateral, at Debtor's own cost and ezpense, in' good repair sad caodicion and available for inspection by
the Secured Party u all reasonable times.
To ktep the collateral [ally insured against loss by fire, theft sad other casualties, Debtor shall give immediate
written notice co tht Secured Petty and co iasurors of loss or damage to the collateral and shall promptly file ptaofs of loss
with insurors.
THE PAR77ES FURTHER AGREE
waiver of or acquiescence in any default by the Debtor.or failure of the Secured Party to insist upon atria petfo®ance
by the Debror of any warranties or agreements is this security agreement, shall Dot oonstitute a waver of any subsequent
or ocher default or farluee.
Notices to tither patty shall be in writing anti shall be delivered personally of by mail addressed to the party at the
address herein set fo or otherwise designated is writing.
The Uniform Commercial Code shall govern the rights, duties and remedies of the patties and any provisions herein dr
dared iav:lid under nay law shall not invalidate say other provision or this agreement.
The folbww shall constitute :default by Debtor:
Failure co pa ~e principal of any installment of pdacipal or of interest on the indebtedness or any notes when doe.
Failure by Debtor to comely with of perform nay provrsroa of this agreement. False or misleading repceaentacions of war-
ranties made or given by Debtor in connection with this agreement. Subjection of the collateral w levy of ezecndon or
other judicial protean. Commtncemeoc of nay insolvency pcoceedin~ by or against the Debwr. Death of the Debooi. Any te-
dnetion in thevalne of the collatenlor any as of theDebror which rmperils the prospect of Lull petfo®ance or satisfaction
of the Debtor's oblisations herein.
Upon any default of the Debtor and at the Depauna of the Secured Party, the obligations secured by this • ceemmt shall
immediately become due anti payable in fnU withoat notice or demand and the Secured P~ccy shall have all the tights, rem-
edies and ptivileses with mapeet to repossession. rettncion anti sale of dte colluetal sad dispoaicion of the proceeds as
are accorded bar the applicable sections of the Uniform Commercial Codt itspecling "Defaalt"
Upon any dehntc and aeon demand, Debtor ah:ll assemble the collateral sad make it a•ailable to the Secured Party at
the place and at the time designated is the demand.
Upon any dehulc, the Secated Paecy'a ceaaonable attomtys' fees and the legal and other ezpenses for pursuing,
starching for, receiving, cakia ,keeping, sooting, advercisinaa, and selling the collateral shall be chargeable m the Debtor.
Tate Debtor shall retaain liable for any deficiency reaalcing from a sale of dte collateral anti shall pay nay such de-
ficiency 6orchwit6 as demand.
If the Debtor shall default in the performance of ~j of the provisions of this agreement os the Debtor's part m beper~
formed, Secured Party may perform same for the Debtor a account and nay monies ezpended in so doing shall be chargeable
with interest ro the Debtor and added ro the indebtedness secured hereby.
The Secured Party is hereby authorized to lilt a Financing Sacemenc.
- at t~j~,