The URL can be used to link to this page

Home My WebLink About1659 ~ . . , , ' , , i . ~ , • • ~ _ . - r . ~ . , ~ _ , . ` ; Z`RRMS AND COr1UITI~NS , ~ ~ , . ~ ~ u ~ ± i. Mortgagos hereby repceoeuu and wuranq that he u the true and lawtill owbrr of ~atd tqut wtnt aud ha~ thc dght to amrtgsgo, ~el! i and truufer thc tamc, an Id t t~ tr~c and clear [rom any and aU Itens, claim~ and encumbrancti t . ~ ~ . , , . . . . . . . ; ~ ' - 2. Mcxtga~oe t?creby covtnanq and ag~oe~ as iollow~: (a) said equ3pment ahall be And rct»ala~perac?ail propdrty !or a!1 puriioicf;~(b) ho ; will pay the ~ndebtcdncu ucured hereby in the manne~ preacribed on thc ~cvene ude her~ot d by his promItiory ~te that meatloned; . ~ (c) he will ~ot rtmove said cqui nt from the Fccmim at which it is to be inatalled as fet forth on tht revctye dde txreot, without the ' written conscnt~of Mort~agce; (d~ wiA not ull; transfer, aivgd'or convey said~equipment oi' any interc;t therclq; (c) tic'will not pledge, mortg t or encumbe~ ~n any way~ and ~hall othenvi~c ke~p said equipment irec nnd clear of all lien~ taxa and encumbrar?ees of every klnd; he will u~e said equipment in a car~fu! and prudrnt manper, ke~p~it in good repair, frct and clear of all li~ns and encumbranca, ; ~ ~and give immediate writtcn notice to Mo~tgagce of any accidental io~jury to or losa or said equipment; and (g) hc will, at hi~ expen~e, insurc ~ uid equipment against loss by fue, theft and such other casualty or nsk as requirrd by Mortgagee in an amount at least equal to the indebt- edness securcd hereby [rom, time to timc, oytstanding and in a company acceptabte to Martgaget, and ma{ce thc las ar d~mage, if any~ ~ E ~ payabk first to Mo~tgagee and then to Mortgago~~ as their interests shall appeaz, and will deposit the policies with I?iortga~ee. In the event ~ t that he fails to do ~o, sub'cct to applicable law, Mortgagce may insure said equipment and any sum ~o expended by it ahal bc decmed part ; o[ the mortgage dcbt an~ secured hereby; any such auma shall be paid by Mo~tgagor to Martgagce on the Unpaid Balanco monthly instaA- ~ ~ -pxnt date next foUawing tht date any such sums are expended by Mortgagee. * ~ 3. The equipment shaU at aU timcs be kept and held by thc I~4ottgagor at his own risk~ ~nd all loas oe damagc to said equipment or any , ~ put thereof from any cause what~oevcr shall be borne by said Mortgagor and :hall not reliev~ him of hi~ obGgation~ to pay the Total Con- ~ tcact Prite and all chaz~ea as providcd for in this instrumcnt. . , ` 4. Mortgagor shall pay all taxcs and a~essment: which may be levicd or assesscd.again~t or become due and payable on thu Instrument, . on said equipment trom the date herrnf until all indebtedncss and obligations of Aiortgagor ucurtd tiueby nre pa~d and di~charged in fuil, . ' and on the sale~ wc oc mortgagc.of said equi p.ment. Should Mortgagor fail to pay said taxes, Mortgagce may pay thc same and attcrwazd # , rnUect the amount on the date of tht Unpaid Balanc~ installment payment n~xt following the datc of payment ot raid taxcs by Ivtortgagce. ( 5. In the event Mortgagor it~oll tail to pay when due any othcrQf the indebtednest or other sums iccurecl hercby; ot~ fails to perform any • i•• ' of the other term~, covcnants or eonditions hertof in the manner and within the timc C?creiri i{xcifxd; ot Moctgagor or any guarbutor or S endorser of this instrument or of the promissory note of even dato herewith dict, becomei legally ~ncapacitatrd, bank~upt or oth~rwix unable t to meet his obli tions in full os as the mature; or u n the ha nin at an event which in_ the eole.'ud mcnt of Mort ~ ~ Y R~ PP~ 8 Y , ) H BaBM, rendera • Matgagor an uosatisfacto~y financial risic or which rcnders said equ~pmcnt unxcure, Mortgagee may, at its option, without notice oc de- i ~ enand, decl~e the Unpaid Balance and other indebtcdneu and sums secured htreby immed~ately due and Payable. In the event Moctgagor i f~ila to make paym~nt of such ind~btedneas and sums when due, Mortgagec ahall t~ecomc entiEled to immed~ate posscssion of said equipment. ~ ' Thcteupun„Mortgagor at?all immediately deliver said ~quipment to Mortgagee, or ib agerits. If Mocigagor fails to do so, Mortgugte or its ; ~ ageaq shall hav~ the right~ subject to applicable law, to re,Qosscss aaid cquipment wherever $nd in whoaotver. poasession found without notic~, . i~ ~ demand, or•lcgal process; and Mortgagor herebygr ants an irrevocable license'to Mortgagee, with tlie atd and assistance of any person or , ~ penons to entcr any piemista owncd or occupied by Mortgagor and do any act ~ecesaary Cor the reposscasion thereoi, without liabil~tY to any peraon Cor trespassing or any osh~r act. Thereafter, Mori~agee may (a) retain said equipment, relea~e Mortgagor from further liab?lity . i. ~ hereunder and un~~er hw prominory note of even date he~cw~th and, to thc extent not specifically prohibited by applicable law. retain all ' paymcntt theretofore made by Mortgagor aftcr the payment of the expcnscs of rcpos~cssion aad aa renta! and li uidatcd damaga, (in auch - • • casq said equipment ahali belong to Mortgagec absolutely, Mort~agor hereby reltasing all claims thueto); or (b~ subject to any applicablc !aw with resp~ct to notice, time, place, manna, terms and cond~tion~, or otherw[x, eell aaid equipnxnt at public or privat~ aalc, with or without having the same proaent, and credit the praceeds of such aale to ehe payment of the expenses of the sale, repoa~easion, storage, repain . nec~aary to place said tquipment in first clan eondition, insurance, attorncys' fecs, and other expensa, in the order namcd, any sums re- maining thereaRer to be applied upon the indabtedncst and othcr sums s~curcd hereby. I[ the net proceeda of such sale are not equal to the balance dua to Mortgagee, Mortgagor covcnants and agrces to pay any deficiency. Mortgagee may bid and/or purchase at any auch sale or ~ adjournmcnt thereoL Subjcct to applicable law, Mortgagee may~ at iq option, by suit or oth~rwisc, enforce payment of the indebtedneas and othu sums xcured henby or any installment thereof, or any deficiency cnsuing afttr the application of the prceeeda o[ such aale or sales. . 6. Mortgagec shalt also be po~scssed of all other remedies pumittod or establiahed by a~plicable case or itatutory law. To the extcnt per- mitted by applicablc law, Mortgagor agrees to pa~+ al! reasonahle expenses and attorncy s fces which Mortgagee may incur in the event it ~ ~ resorta to 1egal proce:t or reposscasion of said eqwpment. All such expenses and attorney's kes shall be d~emed pazt of the indebtedness ; secured hereby. All remedits hcrcin thall be cumulative, and to the extent not othcrwise restricted or constituting a waivcr or election, the ` purwit of one shall not prohibit any other prior to satisEaction in full. The provisions of this instrument are of course subjcct to any pra- ; hibitary or mandatocy law. . ~ 7. In the event mortgagor [ails to pay any of the indcbtedncss incurrcd here by when the same [s due, mortgagor agrca to pay to mort- ' i ~ ga~ee prompdy upon demand either (i) a sum computed at the rate of 1% per month on the amount of each :ueh ddinquent payment until . paid or (u) such othe~ sum, if any as is pcrmitted by applicable taw without impairing the validity or enforceability of any of the terms and ~ conditiotu hereof againat mortgagor (including his obligation to pay any of the indcbtedness secured hereby), if :uch aum ia less than that specified in (i) above. Thia clause shall be null and of no efi'cct in the event its location in this pazt of this inatrument would also impair the ~ validity or entorceability againat mortgagor if any of the other terms and conditions hereof oc ot the promissory not~ given by mortgagor • ~ . ia connection 6ercwith. . . • - . ; . . 8. To thc Cxtent not prohibited or declarcd void by applicable law, if the Mortgagor [sils to make any payment providcd !or in thi: insiru- ment or promis~ory note of even date whan due, the Mortgagor authorizes, inevocably, any attorney o[ any Court of Record to appear for Mortgagor in wch Court, in term timo or vacation, at any ume after ~uch payment shall bewme due, and confesa a judgment without proc- ' ess, in favor of the Mortgagec, [or such anwunt as may appear to bc then unpaid, together with costs and reaaonable attorney't [ees, and to waive and releaee a!1 errors which may intervene in any such proceedinga, and con3ent to immediate execution upon auch judgmeat, hereby ratitying and oonfirming all that ~aid attotiity rKay~do by virtue hcreof. ~ 9. My waiver by Mortgaget o[ any of its rBhts or remedies hereunder or of tho performance by Mortga~oc of any provisiona or conditioiu f herein, w order to opuate as such, must 6c in writing, and shall not be construed as a waiver ot any otha ~ further rights of Mortgagee. ' Without limiting th~ geaerality o[ tho faregaing, no suit or othtr legal procceding ahall be deemed a waiver of any other rights of Moct~agee, ; and acctptance of any paymcnt after a breach by Mortgagor of any of the oovcnants or conditions her~[ shall not operat~ as a warver of • Mortgagce's ri~ht at any time to deciare the whole balance of th~ indebtedncss a?nd other aums and obligationa secured hereby due aad pay- ~ ; ~ able. No pmmix. agrcements, repr~sentationa or warrantia, express or implicd by law, shall be binding upon Mortgagre ia connection with , the safe or mortgagc of said equipmcnt unlcss thc,aame shaU have b~n made a part hereof by writing. _ t. 10. Mortgagee may assign this chattel moctgage and in such evrnt, the aaignee shall have all o[ the rights ot Mortgagee. Sub~ect to th~ pcovisions of appiicablc law, Mortgagor agree~ not to as~crt claims ~rising out of the sale of the equipment mortgaged ~hereby agatnst Mort- # gagee'~ aa~ignee as a de[enx, xt-off, a counter-claim in any action in rnnnection with this iastrument oc the promiswry note of even date ~ i bcrewith. • 11. In connection with thc ~alo of said equipmcnt by Mortgagee to Mortgagor: . (a) Mortgagce shall under no circumstance be liabk for any expcnx, indirect or conxquential damaga; _ • (b) Mortga,goc waives any right to damages tor bceach of any warranty in the cwcnt of rutiuon by him; and . e~ ' (c) Moctp ct warranq titte, that the equipineat is o[ the kind described herein~ and that it is free hom det~ctive workmanship s~ad 4; mater~; providtd that this last warranty shall extead only for a period of one year Irom this date. Mortgagtt makd rw othu ' ' warranty, express or implied. . ~ . -~`~?T`t?~e equipaxnt oove~d hereunder shall remsun pcrsonsl property whether placed on a permanent fouadatiou ar ia any maana' : ~ att:chcd to any structwe. . ~~'~~emedies provided toe herein aha!! ba cumulativt. ' • ~fwn im~•p~ t!w M w'~~or txrcunderv '~lull Lc lisWc w~u uWigatal, joInUy and sevually, fot eite [ulfillmtat o[ eaet~ aod ` t ` ~ : ~ F~ ~8a8 • • . ~ • j~ , y4Pi`opsion ot thia chattel mo:tgage ~xOhibised by law of any uate shall a~ to aich state be ineffoctire w the exte.ut of such pcotdbl- ` . ~ M ~ : ::wf ~ iava4dating the nmunu~g 6aYOf. ~ - . _ , ' . • . 2 , ~ ; ~ . , ~ , ~~~?5 ~~~?~~E ~ ~ { i ~FdL AN ~~it . . , ; : . - ° ; ~/~~•~••••4' ~j~Jtl~ ~,p ~ BAUBCH dc LOMB INCORPORATED E ` F t n r ~ ~ 1~ . _ ' •OUTH ATLAN~TIC R[OION - ` -P. o. sox ~Z~a - € + ; 1964DEC 14 .AMtg:~s RICHMONG, vswoiHiw a9zto ~ ~ - ~ ROGER~POt~TRAS. CIERK ~ - , ~ - - ~ ~ ST. ~uCiE Cour1TY. ~~o~io~ , . ~ , n;~. ~ . ~ ~~.05 ~~5~ . _ _ . ,._...~.~...4.---._