Loading...
HomeMy WebLinkAbout0930 20 That Mo~tgagor w~ll not pe~m~t any othBr I~ens to be hled agamst the sa~d pcem~ses a~d ~f any such I~ens are (~led. whether paramount or subor d~na~~ ~o ih~s mortgage, Mortgagor wdl have or cause lo Ge h8d sa~d t~ens d~scharged ~mmediateiy 21 Mortgagee shell heve the nght to charge Mi,rtgagor's account w~th Mortgagae (or Ihe interest and pr~nc~pal payabie as prowded ~n tne p?om~ssory note as such becomes due in etcordence therewith 22 if the Mortgagee requests. Mortgegor hereby covdnants and agrees that Mortgagor w~ll (urrosh the Mortgagee annuaNy ~rom the date ot this i7iort~age ~nstrument. unless some other date is agread to between Ihe panies ~n wntmg. a certified aud~ted f~nanc~al s~atement cl the Mortgagor and annual cornplete operat~ng stateme~~ts ot Mortgagor. If the Mortgagor's f~scal or calendar year shall not coincide w~th the date here~~ spec~(~ed. then the date wh~ch the Mortgagee shall speCify shall be controll~ng Mortgagor shell suppty Mortgagee w~th such other f~nanc~al statements as Mortgagee may Irom t~me to t~me request . 23 It ~s agroed that nothmg herein contained ~or any transacuon related thereto sAall be construed or so operate as to requ~r~ the Mortgagor to pey ~nte~est at a ~ate greater than rt ~s ~ow lawful in such case to contract (or, or to make any payment o~ to do any act contrary to law. ihat if any clauses or provis~ons herein Contdi~ed Op9tate Or would ptoSpeCtively opetete to ~nvalidate this Mortgage or s8~d Note in whole or ~n part, then. such Clauses end prowsions on(y shall be held fpr naught. es though rtot hsre+n cortta~ned. and ihe rema~nder ot th~s Mortgage shall rema~n operat~ve and ~n full torce and eftect 24 It all or any part of the mongaged property shall be damaged or taken through condemnation Iwhich term when used m th~s moRgage shall in- clude any damage or tak~ng by any govemmental authonty. end any transter by prrvate sale in heu thereofl. erther temporanly or permanently. tha enU?e m- deb!pdness secured hereby shall at the opt~on of the Mortgagee. become immedlately due and payabte 7he Mortgagee shall ba entrtled to alt compensatio~ a?vards, and other payments or rel~e( therefor and is hereby authonzed. at its option, to commence. appear in and prosecute, in its own or the mortgagor"s name. any action or p~oceeding relating to any condemnation, and to seitle or compromise any claim ~n connecUOn iherewrth All such compensaUOn. awards. damages. claims. ~ights ot attion and proceeds and the ri8ht thereto ere hereby assigned by the Mortgagor to the Mortgagee. who. after deducting theretrom all rts expenses, including attorney's fees. may release any moneys so rece~ved by it without afiect~~g the lien oi this mortgage or may apply the same in such manner as the MartgBgee shall dete~mine. to the reduction of the sums secured hereby. and to any prepayment charge here~n provided. and any batance ot such moneys then remaining shal! be paid to tho Mortgagor. The Mortgagor agrees to ezecute such further assignments of any compensat~ons. awards. damages. claims, rights of action and proceeds as the Mortgagee may requ~re. 25 Th+s mortgaye shall be construed as a secunty agreement under the flonda Um(orm Commerc~al Code 26 Other provisio~5 "This mortgage is assumable only upon written consent of 5outheast ~ank, and the 8ank sha71 have the option at it's sole discretion to increase the interest rate on the existing obligation at the time of assumption." i ~ i , l ~ ; . 4 8~0528 PdGE0927 3 . _ . tii•IrtY': ~ r,~arT-- - ~ • - _ _ . . . - - - . . _ . . , ' _