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HomeMy WebLinkAbout0964 24. Mortyagor shall maintain and keep in effect licenses, permits, franchi~es, certificates oF need, know-how and similar agreements necessary in the proper conduct of its business. 25. Upon the reasonable request of vortgaaee, ~~tor tyayor shall do, execute, acknowledye and del iver or cause to be done, executed, acknowledged and delivered all such Further instruments, acts, deeds, and assurances as may be reyuired by Mortyagee for the purpose oP carrying out the provisions and ~ intent of this ~fortga~e, including without limitation satisfying or otherwise removing any mortgayes, liens or other encumbrances on the Premises which would ~~u~~Tr -~a- this Mortgage anci/or Security Agreement and executing and deliveriny sucn documents, instruments and/or financing StatPmPnfs as shall be necessarv and proper to insure Mortgaae holds at all times duriny the terms of the Loan a pertected ~ ca~~~ritj intPrP~r pn FhP PrPiniSes, 26. This Mortgage is executed and delivered in, anci its terms and provisions are to be governed by, laws of the ~tate of F'lor ida. 27. ~lortgayor covenants during the term of this Mortgage to allow any representative or agent oF ?dortgagee to visit and inspect any of the properties or property of rlortgagor and Dealership, to examine the i~ooks of account and other reccrds and files of Mortgagor and Dealership to make copies thereof and to discuss the afEairs, business, finances and accounts oF t~lortgagor and Dealership with officers and employees of Mortyagor and Dealership, all at such reasonable kimes and as often as t•lortyagee may request, provided that such inspections shall not interFere with the reasnnable conduct oF f~iortgagor's and Dealership's businesses. Mortgayee's inspections are solely for the arotection of ~iortgagee and no action or inaction of t~lortgagee shall constitute any repcesentation by Mortgagee that a ! t•fortgayor is in compliance with the ter_ms of this Agreement or that Mortyagee a~proved of t~tortgagor's affairs, business, finance or accounts. ~ ~ 28. The Premises is commercial property and is not now, nor has it ever been the ho:nestead of the Mortyayor. ~ c~pu~ /fr~larSr, . . ~-1~ 29. ~ hlortgagor shall provide annually within ninety 4 (90) days after t•fortgagor's fiscal year end, financial statements , on all r4ottgagors and guarantors includin~ an iter~~izea statement of all income and expenses in connection with the Premises. Upon re~uest by tlortgayee, Aiortyagor shall furnish such t~ack up financial information as necessary to verify Financial condition. 30. Mortyagor, if a~:plicable, shall maintain its corporate good standing and at its expense snall furnish on or beFore July 31st of each year during the term of this ~lortgaye, a new certificate oE good standiny oF Mortgagor and any coroorate ~ guarantors~ ~ne~ ~trW4rsr : 31. Hazardous i~Taste: (a) Mortgagor expressly represents to t~~ortgagee that the Premises and the improve7ents thereon have not in the past been used, are not presently being used, and will not in the future be used for the handling, storage, transportation, or disposal of hazarc3ous or toxic materials. Mortgayor agrees to ~ indemnify, deFend and hol.d ~tortgagee harmless from and against any loss to Martgayee, including without limitation attorney fees incurred by t•tortyagee as a result of such past, present or future use, handling, storage, transportation or disposal of hazardous or toxic materials. riortgagor's indemnification obligations arisiny or created under this paragraph 31 shall survive any foreclosure or satisEaction of this mr~rtgage or any deed or assiynment in lieu of foreclosure oF this mortgage. 15 ao~K 572 PaGE 9~~ ~i--_