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Home My WebLink About0986 [ 20 ' That Mo~tgagor will nol permit any other liens to be tiled aga~nst the said premises and if any such liens are (~led. whelhe~ paramount or suDot- ! ;~nate to this mort9age. Mortgagor wdl have or cause to be had se~d liens discharged immed~ately 21 Mo~igagee shall have the right to charge Mortgagor's account with Mortgagea for the mterest and pr,nc~pal payaDle as prowded ~n lhe prom~ssory ~ ~~o~e as such becomes due in accordance therew~th. 22. It the Mortgagee ~aquests. Mortgagor hereby covenants and agrees that Mortgagor will furrnsh the Mortgagee annualiy from the date of this mortgage ~nstrument, unless some other date is agreed to between the perties in wnUng. a certfied audued f~~anc~al statement ot the Mortgagor and annual complete operati~g stataments of Mortgagor. If the Mortgegor'a fiscal or calendar year shall ~ot co~nc~de w~th the date here~n specfied. then the date wh~ch cne Mortgagae shall spec~fy shall be controllmg. Mortgagor shall supply Mortgagee w~th such other (mancial statements as Mortgagee may (rom time to time request. 23. It ~s agreed that nothing here~n contained nor any transact~on related thereto shall be construed or so operate as to require the Mortgagor to pay ;nterest at a rate greater than it is now lawfu! in such case to cont~act for. or to make any payment or to do any act cantrary to law: that ii any clauses or prov~s~ons here~~ conta~ned operate or woufd prospectively operete to invalidate th~s Mortgage or said Note m whole or in part. then. such dauses and ,~rovisions only shall be held for neught. as though not herem contamed, and the reme~ndar of this Mortgage shall rema~n operaUve and in full force artd eNect. 24. I( all or any part of the mortgaged property shall be damaged or taken through condemnation (which term whan used m this mortgage shall :!uda any damage or taking by any governmental authority. and any transter by pnvate sale in lieu thereoi). either temporanly or permanently, the ent~re in- :iebtedness secured hereby shall at the option of the Mortgagee. become immediately due and payable. The Mortgagee shall be entitled to all compensation aw~ards. and other payments or relief therefor and is hereby authorized. at its option, to commence. appear ir, and prosecute. in its own or the inortgagor's name. any action or proceeding relating to any condemnation. end to settle or compromise any claim in connect~on therewith. All such compensation. awards, damages. claims. rights ot ection ertd proceeds and the right thereto are hereby assigned by the Mortgagor to tne Mortgagee. who, efter deducting iherefrom all its expenses. including attorney's fees. may retease any monays so recaived by it without affecting the lien o( this mortgage or may apaly the same in such manner as the Mortgagee shall determine. to the reduction of tho sums secured hereby. a~d to any prepayment charge herein provided. and any balance ot such moneys then rema+ning shall De paid to the Mortgagor The Mortgagor agrees to ezecute such further ass~gnments o( any compensauons. awards. damages. cia~ms. nghts of action and proceeds as the Mortgagee may reqwre 25 This mortgage shall be construed as a security agreement under the Flonda Uni(orm Cemmercial Code 26. 'Jther provisions a. It is understood and agreed by M,ortgagors herein that the above described property is subject to a lease ciated July 1, 1984, by and between Mortgagors herein and The Eli Witt Company and that there are certain repairs necessary to be made on thP roof of said building, which repairs are the responsibility of the Mortyagors herein. In the event said repairs are not made, and paid for by Mortgagors, within 30 days from the date of this mortgage, mortgagee herein shall cause repairs to be made and the cost thereof, if not then paid by ~ Mortgagors herein, shall be added to the principal of the Promissory Note secured ~ by this mortgage by way of an additional Promissory Note and Mortgage Modification. b• In the event Mortgagee, to protect the security of the mortgage, is required to advance funds to Mortgagor for roof repairs, ad valorem taxes, insurance, attorney's fees, recording costs, then in that event, all such costs shall be added to the original Promissory Note herein by way of modif:.cation of the original note and mortgage. c. Any default in payment of the first mortgage or the promissory note which it secures shall constitute a default in this mortgage. i ~ • € ~ t ~ , ~ q, c ^t M T~xre • ~ . . ^:rf C~'=' ••C.• irtana~:.;c o.,r^onr' Pt'oPe =11~ ~ :„_~cni TC Chopter 7?. :34, ACCS Of :.7~• ~ FiOGKR POi7H~?S ~ ~ Cle+k Circuit Co::rt. ~L ~u~~~ ~a" ~a' F ~ ~ ~ ~ ~ ~ i ~ l ' ~ i • ' l ~ f t . . ' - S^•~ ~ " _ _ . . y~\ • s•,.,'" ~ . ~ . ~ ~ - ~ ' ~ , f ~ ' ~ 3 9a6 ~-~~.5 ~ ;~-t - ~ , _