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HomeMy WebLinkAbout0363 8. Debtor shall be in default under this Agreement upon the happening of any of the following events or con- ditions: (a) failure or ~mission to~perform or pay when due any obligation (including any installment thereof or interest thereon); (b) any warranty, representation or statement made or furnished to Secured Party by or on behalf of Debtor proves to have been false in any material respect when made or furnished;' (c) Debtor shall make an assignment for the benefit of creditors; (d) a Receiver is appointed for Debtor or any part of the Collateral; (e) Debtor files a Petition in Bankruptcy, is adjudicated a bankrupt, or.files any petition or institutes any proceedings under the National Bankruptcy Act with respect to Debtor's assets and lia- bilities; (f) If Debtor defaults in, breaches or fails to perform any one or more of the covenants and agreements contained in either.this Security Agreement, the Mortgage, or the documents set forth in said Mortgage, Mortgage Note or Assignment of Rents, Leases and Contracts executed of even date by the Debtor. , 9. Upon the occurrence of any such default or at any time thereafter, Secured Party may, at its option, declare all Obligations secured hereby, or any of them (notwith- standing any provision thereof), immediately due and payable without demand or notice of any kind and the same thereupon shall immediately become and be due and payable without demand or notice and Secured Party shall have and may exercise from time to time any and all rights and remedies of a Secured Party under the Uniform Commercial C~de of the State of Florida and any and all other rights and remedies available to it under any other applicable law, including the right to foreclose this Security Agreement and the above identified mortgage in the same proceedings. Upon request or demand of Secured Party, Debtor shall, at D~btor's expense, assemble the Collateral and make it available to the Secured Party and Debtor shall promptly pay all costs of Secured ~~~tl i'~` ~~~liCL ~i n~ stif ?3'sl ~ia~V's _^.? i ~` ~~:~ ~~ ~ i~~ ~i.-~n~ _^'.~'?~~ enforcements~of rights hereunder, including reasonable attorneys' fees and legal expenses and expenses of any repairs to any realty or other property to which any of the Collateral may be affixed or be a part. Expenses of re- taking, holding, preparing for sale, selling, or the like, shall include those incurred on appeal, if any. 10. No waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future occasion. No delay or omission on the part of Secured Party in exercising any right or remedy shal? operate as a waiver thereof or the exercise of any other right or remedy. Time is of the•essence of this Agreement. 11. The provisions of this Agreement are cumulative and in addition to the provisions of the note secured by this agreement and the provisions of the above identified mortgage and other instruments securing said note and Secured Party shall have all the benefits, rights and remedies of and under the note secured hereby and any ottier instrument securing same. All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns and all obligations of Debtor hereunder shall bind the successors and assigns of Debtor. 12. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this - 3 - ~~'~x 35~ ~~~vf 3fi2