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Home My WebLink About0959 21. Subsequent Owr~rs. In the event the awr~rship of the hbrtgaged Premises cx any ~»t thereof becarns vested in a person other than Mortgayor, the Mortyagee may without ~:utice to Mcxtyagcx, deal with such success~ cr successcrs in interest with reference ta this ~Kci tyage and to the Note sec~,rced h~ereby in t}~e sa,rne manner as with hKrtc~agcx without in ar.y way discharyiny cr vitiating Mcrtyagor's liability hereunder ar upon the Note cx any i~~ar. ac~reement between Mcr tgagar and Mor tgayee . 22. Partial Payment. Acceptance by the hbrtgagee of any payment in an amount less ~~~an the amount then due on the Note or due hereunder shall be dee~~ed an acceptance c~n account a~ly, and the fail~e to pay the entire am~unt then due shall be and continue to be an Event of Default. At any ti~ne thereafter , unti 1 the entire amount then due has been paid, the Martyac,~ee shall be er.titled to exercise all ri~hts eonferred upa~ it in this Nkzt- ~aye upon the occ~rence of an Event of Default. 23. E~ther Assirances. hfcztc3ac~c.t ac~ees that at any time, and from time to time, after execution and delivery of this Ma tgage it will, uporl the request of Mcxtgagee, and at ~ixtyaycr's sole expense, execute and deliver such further documents and do such further acts and thinys as [~ortyayee may reasonably reyuest in cxder to fully effect the p~poses of r!iis Mcxtgaye and to subject to the lien of this Mortgage any property intended by the L~rovisions hereof to be oovered hereby. 24. Estoppel Certificate. Mcrtgay~ shall, within five (5) days from written demand :~y the Mcrtyayee, execute in such fcrm as shall be required by the Mortgagee, an Estoppel ~ertificate and Waiver of Defenses duly acknowledyed setting f~th the amount of principal and interest unpaid hereunder and the yeneral status of this Mor tgaye . Fai lure of the tgaycx to make and deliver to Nkrtgagee the Estoppel Certificat~e and Waiver of Defenses .~ithin the required time shall constitute an Event of Default hereunder. 25. Future Advances. This Martgage is yiven r~ot only to sec~e payment of the Note ~ ;~ahether the entire amount shall have been advanced to ~ far the bene f i t of the Mor tyayor ~t the date hereof, cr at a later date); but, also t~o sec~e any other amount cr amounts, r~ther with interest thereon, that may be advanced at any time, but not more than twenty '2G) years after the date hereof, under the t~erms of this Mortgage. The total amount of i r:~ebtedness sec~.rced hereby may ciecrease ~ ir~crease fran time tA time but the t~otal unpaid `~alance so secured at any or:e time shall not exceed the principal sum of ONE HUNDRED ~'~~UEtTEEN 'I~IOUSAND AND NO/100 DOLLARS ($114,000.00) plus interest thereon, plus such other ~is.5~s~ements as may be made by Mortyagee pursuar.t to the terms of this Mortgage, with ir.terest tl~ereon. Nothir.g herein contained shall be deemed an d~ligation on tt~ part of the ~~!~z-tyayee to make any fut~e advances. ~ 25. Sectxity Aqreemer.t. To the extent that the t~iartgaged Premises shall be ~ieemed to : persa:al property, this Mcrtyage shall serve as a"sec~i.ty ar~eement" withir. th~e meanir.g i ~~f the Unifcrm Camnercial Code as adopted in the state where the Mortgaged Premises is ~ituate. Mcrtgagcx hereby c~ants tA Mrxtyayee a security interest in and to all nf those ~,,x tions of the Mcx tyaged Premises which may ultimate ly be he ld to be per sonal proper ty. ~tiith respect to such persor:al property, hkrG~agee shall have all riyhts affarded secured ' r»ties by the Unifrrm Comnercial Code, as adopt,ed ir. the state where the Mcxtgaged Premises ~ ~ situate, and as may hereafter be modified or amended, in addition to, but not in ~ ~imitation of, the other rights affcrded the Nkxtyagee hereunder. McrtyagcY ac~rees tp make, ~ -.xecut~e ~nd c~eliver to the Mortga~gee, in fcrrn satisfactcxy to the Mrstgayee such financiny z ~:*_atements and further assurances as Mcxtgagee may from time to time consider reasor.ably z ~.~~cessary to cxeate, protect and pceserve the Mcrtyac~e's security interest. ~ ~ 27. Fees and Costs. Mcrtgac~- shall gay all the costs, charyes and expenses, includ- ~ attcrr~ys' fees, reasor:ably inc~red cr paid at any time by the Mor tgayze , because of ; fail~e of the hbrtc~ac~a- to perfcrm, cor~ly with ar.d abide by each and every one of the - ipulatior:s, ayree,~nts, cor.dit ions and covenants of the Note ar:d this i~fa tgage, ~ either . ` ;,.1 such paynents shall be sec~ed by this Mortgaye and shall bear ir.terest at the default i r:cerest rate provided herein. ~ 28. Default Inberest. Upon the occurrence of an Event of Default, the principal ~ ~ ~~ur.t of the Note, together with all accz ued but ur.paid interest, and toyether with all ~ =::ms which may have been advanced by Mcrtgagee and which are secured hereby, shall t~ear _ :,:terest at the rate of five percent (S$) above the Applicable Ir.terest Rate set forth in 5 k Note , per y~ear , ur,ti 1 paid. ~ r ~ -9 ~ '1 ~ , V~: ~ ~J ~1 { ~~r,,;K 4~ Par,E 957 ~ - - - - - - _ ` ' _ . . ~....r .~.,-,.3..s _ _.,~.~Ew.d~,. . ~.ecf- ~.WZ s;~