HomeMy WebLinkAbout0921 thereof to such mortgaged premises, and all fixtures and articles
of personal property now or hereafter owned by Mortgagor and
attached to or contained in and used in connection with said
premises, including but not limited to all apparatus, machinery,
motors, elevators, f ittings, radiators, gas ranges, mechanical
refrigerators, awnings, shades, screens, venetian blinds, office
equipment and other furnishings, all plumbing, heatinq, lighting,
cooking, laundry, ventilating, refrigerating, incinerating,
air-conditioning, hot water heating and sprinkler equipment and
fixtures and appurtenances thereto and all built-in equipment and
built-in furniture; and all renewals or replacements thereof or
articles in substitution therefor, whether or not the same are or
shall be attached to the Property or building or buildings in any
manner; it being mutually agreed that all the aforesaid property
owned by-said Mortgagor and placed by it on said premises shall,
so far as permitted by law, be deemed to be affixed to the realty
and covered by this Mortgage. The Property and buildings,
parking spaces, improvements, fixtures, machinery, equipment, .
tenements, personal property, property interests and all other `
rights herein being hereinafter collectively called the
"Mortgaged Property".
TOGETHER with all of Mortgagor's right, title and interest
(but not the obligation) now or hereafter acquired by Mortgagor
in and to all leases, agreements of sale and other agreements in -
connection with the real property covered by this Mortgage, and
the rents, issues and profits payable therefrom.
TO HAVE AND TO HOLD the above-granted and described Mort-
gaged Property unto Mortgagee, its successors and assigns,
forever.
AND Mortgagor hereby represents, warrants and covenants with
I Mortgagee that Mortgagor is indefeasibly seized of the Mortgaged
' Proper~y in fee simple; that Mortgagor has full power and lawful
~ right to convey the same in fee simple as aforesaid; that it
~ shall be lawful for Mortgagee at all times peaceably and quietly
to enter upon, hold, occupy and enjoy the Mortgaged Property and
every part thereof; that the Mortgaged Property is free from all
liens and encumbrances, that all property, fixtures and equipment
described herein will be fully paid for and free from all liens,
encumbrances, title retaining contracts and security interests
when delivered and/or installed upon the Mortgaged Property; that
E such property, fixture and equipment shall be deemed to be realty
i and a part of the freehold; that Mortgagor will make such further .
~ assurances to prove the fee simple title to all and singular the
~ Mortgaged Property in Mortgagee and to prove the lien and prior-
, ity of this Mortgage, as may be reasonably required, and that
~ Mortgagor does hereby and will forever fully warrant and defend
t the lien and priority of this Mortgage and the title to the
i Mortgaged Property and every part thereof against the lawful
I claims and demands of all persons whomsoever.
, .
! PROVIDED ALWAYS, and these presents are upon the express
~ condition that if Mortgagor or the successors or assigns of
~ Mortgagor shall pay unto Mortgagee, its successors or assigns,
the sums of money secured hereby, and any renewals or extensions
thereof in whatever form, and the interest thereon as it shall
become due, according to the true intent and meaning thereof,
together with all advances hereunder, costs, charges and ;
expenses, including reasonable attorney's fees, which Mortgagee ;
may incur or be put to in collecting the same by foreclosure or
otherwise; and shall duly, promptly and fully perform, dischaxge,
execute, effect, eomplete, comply with and abide by each and
every of the stipulations, agreements, conditions and covenants
of the Note, the Proceeds Agreement, this Mortgage, and all other
Loan Documents, then this Mortgage and the estate hereby created
shall cease and be null and void and this instrument shall be
released by Mortgagee, at the cost and expense of Mortgagor.
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