|
Back To Legal Index
Back To Main Index
Mortgage
THIS INDENTURE, made as of the _(1)_ day of _____(2)______, 19_(3)_,
by and between _______________(4)______________________, of
_____________(5)______________________, hereinafter called "Mortgagor", and
________________(6)_________________________, of ______________(7)_______________,
hereinafter called "Mortgagee".
W I T N E S S E T H :
AMOUNT OF LIEN: "NOTE"
WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of
______(8)_________ DOLLARS ($_____(9)_____) in lawful money of the United States, and has
agreed to pay the same, with interest thereon, according to the terms of a certain note
(the "Note") given by Mortgagor to Mortgagee, bearing even date herewith.
DESCRIPTION OF PROPERTY SUBJECT TO LIEN: "PREMISES".
NOW, THEREFORE, in consideration of the premises and the sum
hereinabove set forth, and to secure the payment of the Secured Indebtedness as defined
herein, Mortgagor has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell and convey unto Mortgagee property situate in ___(10)___ County,
_____(11)_____, more particularly described in Exhibit "A" attached hereto and
by this reference made a part hereof;
TOGETHER with all buildings, structures and other improvements now or
hereafter located on, above or below the surface of the property hereinbefore described,
or any part and parcel thereof; and,
TOGETHER with all and singular the tenements, hereditaments, easements,
riparian and littoral rights, and appurtenances thereunto belonging or in anywise
appertaining, whether now owned or hereafter acquired by Mortgagor, and including all
rights of ingress and egress to and from adjoining property (whether such rights now exist
or subsequently arise) together with the reversion or reversions, remainder and
remainders, rents, issues and profits thereof; and also all the estate, right, title,
interest, claim and demand whatsoever of Mortgagor of, in and to the same and of, in and
to every part and parcel thereof; and,
TOGETHER with all machinery, apparatus, equipment, fittings, fixtures,
whether actually or constructively attached to said property and including all trade,
domestic and ornamental fixtures, and articles of personal property of every kind and
nature whatsoever (hereinafter collectively called "Equipment"), now or
hereafter located in, upon or under said property or any part thereof and used or usable
in connection with any present or future operation of said property and now owned or
hereafter acquired by Mortgagor; and,
TOGETHER with all the common elements appurtenant to any parcel, unit
or lot which is all or part of the Premises; and, ALL the foregoing encumbered by this
Mortgage being collectively referred to herein as the "Premises";
TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit
and behalf of the Mortgagee, forever.
U.C.C. SECURITY AGREEMENT
It is agreed that if any of the property herein mortgaged is of a
nature so that a security interest therein can be perfected under the Uniform Commercial
Code, this instrument shall constitute a Security Agreement and Mortgagor agrees to join
with the Mortgagee in the execution of any financing statements and to execute any and all
other instruments that may be required for the perfection or renewal of such security
interest under the Uniform Commercial Code.
EQUITY OF REDEMPTION
Conditioned, however, that if Mortgagor shall promptly pay or cause to
be paid to Mortgagee, at its address listed in the Note, or at such other place which may
hereafter be designated by Mortgagee, its or their successors or assigns, with interest,
the principal sum of _____(12)_______ DOLLARS ($__(13)__) with final maturity, if not
sooner paid, as stated in said Note unless amended or extended according to the terms of
the Note executed by Mortgagor and payable to the order of Mortgagee, then these presents
shall cease and be void, otherwise these presents shall remain in full force and effect.
ARTICLE ONE
COVENANTS OF MORTGAGOR
Mortgagor covenants and agrees with Mortgagee as follows:
1.01 Secured Indebtedness.
This Mortgage is given as security for the Note and also as security
for any and all other sums, indebtedness, obligations and liabilities of any and every
kind arising, under the Note or this Mortgage, as amended or modified or supplemented from
time to time, and any and all renewals, modifications or extensions of any or all of the
foregoing (all of which are collectively referred to herein as the "Secured
Indebtedness"), the entire Secured Indebtedness being equally secured with and having
the same priority as any amounts owed at the date hereof.
1.02 Performance of Note, Mortgage, Etc..
Mortgagor shall perform, observe and comply with all provisions hereof
and of the Note and shall promptly pay, in lawful money of the United States of America,
to Mortgagee the Secured Indebtedness with interest thereon as provided in the Note, this
Mortgage and all other documents constituting the Secured Indebtedness.
1.03 Extent Of Payment Other Than Principal And Interest.
Mortgagor shall pay, when due and payable, (1) all taxes, assessments,
general or special, and other charges levied on, or assessed, placed or made against the
Premises, this instrument or the Secured Indebtedness or any interest of the Mortgagee in
the Premises or the obligations secured hereby; (2) premiums on policies of fire and other
hazard insurance covering the Premises, as required herein; (3) ground rents or other
lease rentals; and (4) other sums related to the Premises or the indebtedness secured
hereby, if any, payable by Mortgagor.
1.04 Insurance.
Mortgagor shall, at its sole cost and expense, keep the Premises
insured against all hazards as is customary and reasonable for properties of similar type
and nature located in
______(14)______ County, ____(15)___.
1.05 Care of Property.
Mortgagor shall maintain the Premises in good condition and repair and
shall not commit or suffer any material waste to the Premises.
1.06 Prior Mortgage.
With regard to the Prior Mortgage, Mortgagor hereby agrees to:
(i) Pay promptly, when due, all installments of principal and interest
and all other sums and charges made payable by the Prior Mortgage;
(ii) Promptly perform and observe all of the terms, covenants and
conditions required to be performed and observed by Mortgagor under the Prior Mortgage,
within the period provided in
said Prior Mortgage;
(iii) Promptly notify Mortgagee of any default, or notice claiming any
event of default by Mortgagor in the performance or observance of any term, covenant or
condition to be performed or observed by Mortgagor under any such Prior Mortgage.
(iv) Mortgagor will not request nor will it accept any voluntary future
advances under the Prior Mortgage without Mortgagee's prior written consent, which consent
shall not be
unreasonably withheld.
ARTICLE TWO
DEFAULTS
2.01 Event of Default.
The occurrence of any one of the following events which shall not be
cured within _(16)_ days after written notice of the occurrence of the event, if the
default is monetary, or which shall
not be cured within __(17)__ days after written notice from Mortgagee, if the default is
non-monetary, shall constitute an "Event of Default":
(a) Mortgagor fails to pay the Secured Indebtedness, or any part
thereof, or the taxes, insurance and other charges, as hereinbefore provided, when and as
the same shall become due and payable;
(b) Any material warranty of Mortgagor herein contained, or contained
in the Note, proves untrue or misleading in any material respect;
(c) Mortgagor materially fails to keep, observe, perform, carry out and
execute the covenants, agreements, obligations and conditions set out in this Mortgage, or
in the Note;
(d) Foreclosure proceedings (whether judicial or otherwise) are
instituted on any mortgage or any lien of any kind secured by any portion of the Premises
and affecting the priority
of this Mortgage.
2.02 Options Of Mortgagee Upon Event Of Default.
Upon the occurrence of any Event of Default, the Mortgagee may
immediately do any one or more of the following:
(a) Declare the total Secured Indebtedness, including without limitation all payments for
taxes, assessments, insurance premiums, liens, costs, expenses and attorney's fees herein
specified, without notice to Mortgagor (such notice being hereby expressly waived), to be
due and collectible at once, by foreclosure or otherwise;
(b) Pursue any and all remedies available under the Uniform Commercial
Code; it being hereby agreed that ten (10) days' notice as to the time, date and place of
any proposed sale shall be reasonable;
(c) In the event that Mortgagee elects to accelerate the maturity of
the Secured Indebtedness and declares the Secured Indebtedness to be due and payable in
full at once as provided for in Paragraph 2.02(a) hereinabove, or as may be provided for
in the Note, or any other provision or term of this Mortgage, then Mortgagee shall have
the right to pursue all of Mortgagee's rights and remedies for the collection of such
Secured Indebtedness, whether such rights and remedies are granted by this Mortgage, any
other agreement, law, equity or otherwise, to include, without limitation, the institution
of foreclosure proceedings against the Premises under the terms of this Mortgage and any
applicable state or federal law.
ARTICLE THREE
MISCELLANEOUS PROVISIONS
3.01 Prior Liens.
Mortgagor shall keep the Premises free from all prior liens (except for
those consented to by Mortgagee).
3.02 Notice, Demand and Request.
Every provision for notice and demand or request shall be deemed
fulfilled by written notice and demand or request delivered in accordance with the
provisions of the Note relating to notice
3.03 Meaning of Words.
The words "Mortgagor" and "Mortgagee" whenever used
herein shall include all individuals, corporations (and if a corporation, its officers,
employees or agents), trusts and any and all other persons or entities, and the respective
heirs, executors, administrators, legal representatives, successors and assigns of the
parties hereto, and all those holding under either of them.
The pronouns used herein shall include, when appropriate, either gender
and both singular and plural. The word "Note" shall also include one or more
notes and the grammatical construction of sentences shall conform thereto.
3.04 Severability.
If any provision of this Mortgage or any other Loan Document or the
application thereof shall, for any reason and to any extent, be invalid or unenforceable,
neither the remainder of the
instrument in which such provision is contained, nor the application of the provision to
other persons, entities or circumstances, nor any other instrument referred to hereinabove
shall be affected thereby, but instead shall be enforced to the maximum extent permitted
by law.
3.05 Governing Law.
The terms and provisions of this Mortgage are to be governed by the
laws of the State of ____(18)_____. No payment of interest or in the nature of interest
for any debt secured in part by this Mortgage shall exceed the maximum amount permitted by
law. Any payment in excess of the maximum amount shall be applied or disbursed as provided
in the Note in regard to such amounts which are paid by the Mortgagor or received by the
Mortgagee.
3.06 Descriptive Headings.
The descriptive headings used herein are for convenience of reference
only, and they are not intended to have any effect whatsoever in determining the rights or
obligations of the
Mortgagor or Mortgagee and they shall not be used in the interpretation or construction
hereof.
3.07 Attorney's Fees.
As used in this Mortgage, attorneys' fees shall include, but not be
limited to, fees incurred in all matters of collection and enforcement, construction and
interpretation, before, during and after suit, trial, proceedings and appeals. Attorneys'
fees shall also include hourly charges for paralegals, law clerks and other staff members
operating under the supervision of an attorney.
IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be
duly executed as of the day and year first above written.
Witnesses:
___________(19)_______________ ______________(21)_______________
___________(20)_______________
STATE OF _______(22)_________)
)
COUNTY OF ______(23)_________)
THE FOREGOING instrument was acknowledged before me this _(24)_ day of
_____(25)____, 19_(26)_,by _________(27)___________.
____________(28)________________
My Commission Expires: _________(29)_________
NOTICE
The information in this document is designed to provide an outline that
you can follow when formulating business or personal plans. Due to the variances by many
local, city, county and state laws, we recommend that you seek professional legal
counseling before entering into any contract or agreement.
Back To
Legal Index Back To Main Index |
|