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EXHIBIT 10.9
FIRST SECURITY BANK OF LEXINGTON
Lexington, Kentucky
MORTGAGE
Securing Present and Future Indebtednesses
This MORTGAGE, made this 8 October 1998 from CITIZENS FIRST
CORPORATION, a Kentucky corporation, (hereafter jointly and severally referred
to as "Mortgagor"), of 0000 Xxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxx 00000, to
FIRST SECURITY BANK OF LEXINGTON, 000 Xxxx Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx
00000, (hereafter referred to as "Mortgagee").
W I T N E S S E T H:
That in consideration of the Mortgagor's present indebtedness
described herein and all renewals and extensions of same and any additional
indebtednesses provided for herein and upon the terms and conditions herein set
out, the Mortgagor does hereby bargain, alien, grant, deed, sell and convey unto
the Mortgagee, its successors and assigns, forever, with covenant of general
warranty of title the following described real estate, together with its rents,
issues and profits and all buildings and improvements erected thereon or to be
erected thereon, and all rights, privileges, appurtenances, interests,
easements, minerals (including coal, oil and gas) and all rights therein,
including mineral and oil and gas leases, timber and hereditaments thereunto
belonging, and all fixtures (movable and immovable) on or about the said real
estate, including, without limitation, storm and screen windows and doors,
shades, awnings, blinds, floor coverings, and all heating, air conditioning,
plumbing and lighting fixtures and appliances now or hereafter on or affixed to
the said real estate, located in Xxxxxx County, Kentucky, (all of which is
sometimes hereafter collectively called the "Mortgaged Premises"), and described
as follows:
TRACT I:
A certain tract of land located on Xxxxxxxx Xxxx in Bowling
Xxxxx, Xxxxxx County, Kentucky, beginning at a stake located
in the south right-of-way line of Xxxxxxxx
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Lane, said stake being a corner common to Lots 1 and 2 as set
out in Plat Book 16, Page 144, in the office of the Clerk of
the Xxxxxx County Court; thence from said beginning point
South 18 deg. 33 min. 53 sec. East 335.99 feet to a stake
corner with Lot No. 2; thence North 69 deg. 26 min. 37 sec.
East 126.17 feet to a stake corner; thence North 17 deg. 39
min. 54 sec. West 335.70 feet to a stake in the south
right-of-way line of Xxxxxxxx Xxxx, a corner with Xxxxx
Construction Company; thence with the right-of-way line of
Xxxxxxxx Xxxx South 69 deg. 40 min. 07 sec. West 131.43 feet
to the point of beginning, same being Lot No. 1 of that
certain plat of record in Plat Book 16, Page 144, in the
office of the Clerk of the Xxxxxx County Court.
THERE IS EXCEPTED from the foregoing that certain right-of-way
construction easement conveyed by Xxxxx X. Dozer and Xxxxx X.
Xxxxx a/k/a Xxxxx X. Xxxxx, to the Commonwealth of Kentucky,
Transportation Cabinet, dated 12 July 1994 and of record in
Deed Book 691, Page 631, in the office of the Xxxxxx County
Clerk, which is more particularly described as follows:
Parcel No. 117: Beginning at a point 50.00 feet right of
Xxxxxxxx Xxxx station 294+51.24; thence North 69 degrees 39
minutes 30 seconds East, 23.76 feet to a point 50.00 feet
right of Xxxxxxxx Xxxx station 294+75.00; thence South 20
degrees 20 minutes 30 seconds East, 15.00 feet to a point
65.00 feet right of Xxxxxxxx Xxxx station 294+75.00; thence
South 69 degrees 39 minutes 30 seconds West, 24.26 feet to a
point 65.00 feet right of Xxxxxxxx Xxxx station 294+50.74;
thence North 18 degrees 25 minutes 14 seconds West, 15.01 feet
to the point of beginning.
The above described parcel contains .008 acres (360 sq. ft.).
It is the specific intention of the grantor(s) herein to
convey a permanent easement to the property described above
for the purpose of constructing and perpetually maintaining
drainage.
The acquisition of the right of way of this project was
authorized by the Xxxxxxxx Xxxxxxxxxx xx Xxxxxxxx Xxxxxxxx
Xxxxx Xx. 00000. The control of access on this
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project and access to the remaining property of the first
party shall be by permit, as required to be set forth in
Section 6 of the Kentucky Administrative Regulations. (603 KAR
5:120).
Parcel No. 117A: Beginning at a point 50.00 feet right of
Xxxxxxxx Xxxx station 294+75.00; thence North 69 degrees 39
minutes 30 seconds East, 107.69 feet to a point of 50.00 feet
right of Xxxxxxxx Xxxx station 295+82.69; thence South 17
degrees 37 minutes 18 seconds East, 10.01 feet to a point
60.00 feet right of Xxxxxxxx Xxxx station 295+82.21; thence
South 69 degrees 39 minutes 30 seconds West, 72.21 feet to a
point 60.00 feet right of Xxxxxxxx Xxxx station 295+10.00;
thence South 61 degrees 31 minutes 41 seconds West, 35.36 feet
to a point 65.00 feet right of Xxxxxxxx Xxxx station
294+75.00; thence North 20 degrees 20 minutes 30 seconds West,
15.00 feet to the point of beginning.
The above described parcel contains 0.27 acres (1,162 sq.
ft.).
It is the specific intention of the grantor(s) herein to
convey a construction easement to the property described
above; said easement terminates and reverts upon completion of
same.
TRACT II:
Being a 20,250.12 square foot parcel of land located off of
Xxxxxxxx Xxxx in Bowling Green, Kentucky, and more
particularly described metes and bounds as follows:
Beginning at an iron pin located in the south right-of-way
line of Xxxxxxxx Xxxx, said pin being approximately 950 feet
from the right-of-way of Scottsville Road; thence leaving the
right-of-way line of Xxxxxxxx Xxxx S 17 deg. 39 min. 54 sec. E
178.17 feet to the true point of beginning of described tract;
thence S 17 deg. 39 min. 54 sec. E 157.53 feet to an iron pin;
thence S 69 deg. 26 min. 37 sec. W 126.17 feet to an iron pin;
thence N 18 deg. 33 min. 53 sec. W 160.61 feet to a point;
thence N 70 deg. 51 min. 47 sec. E 128.58 feet to the point of
beginning, containing 20,250.12 square feet, and being a
portion of Xxx 0
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Xxxxxxx Xxxxxxxxxx Company, Inc. Subdivision as recorded in
Plat Book 16, Page 144, at the Xxxxxx County Courthouse,
Bowling Green, Kentucky, and which is now identified as Lot
1-1 on the Utility Plat, Lot 1 Farmers Investment Co., Inc.,
of record in Plat Book 25, Page 165 in the Xxxxxx County Court
Clerk's office.
THERE IS FURTHER CONVEYED HEREIN, a non-exclusive
ingress-egress easement for access to the property conveyed
hereinabove across the Grantor's remaining property so that
the Grantee has access to the property conveyed hereinabove
from Xxxxxxxx Xxxx. This non-exclusive easement for ingress
and egress shall be for the benefit of the Grantee, its
successors (including successors in title) and assigns, but
shall be located by the Grantors, their heirs, successors
(including successors in title), and assigns in their sole
discretion with traffic patterns as may be established,
determined and changed by the Grantors from time to time.
This being the same property conveyed to Citizens First
Corporation from Xxxxx X. Dozer and wife, Xxxxx X. Xxxxx, by
deed dated 8th October 1998 and of record in Deed Book 770,
Page 541, in the office of the Xxxxxx County Clerk.
TO HAVE AND TO HOLD the above-described Mortgaged Premises
unto the Mortgagee, its successors and assigns, forever, with covenant of
general warranty of title, subject only to the terms and conditions of this
Mortgage as hereinafter set out:
I. The first purpose of this Mortgage is to secure the payment
of the indebtedness due from Citizens First Corporation to the Mortgagee in the
principal sum of ONE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS
($1,120,000.00), which the Mortgagee has advanced or has obligated itself to
advance, evidenced by the following described promissory note(s) executed and
delivered by the Mortgagor payable to the Mortgagee, or order, with interest and
terms as therein specified and all renewals and extensions thereof, in whole or
part:
PRINCIPAL AMOUNT DATE OF NOTE FINAL MATURITY DATE
$1,120,000.00 8 October 1998 8 October 1999
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The aforesaid note or notes by reference are considered a part
hereof, and all terms of said note or notes are incorporated herein as if set
forth in full; however, if any inconsistency exists with the terms herein, then
the terms of the note or notes shall prevail. All payments or other credits
received shall first be applied to the payment of accrued interest with the
balance then used to reduce the principal.
II. The second purpose of this Mortgage is to secure payment
of any and all additional advances, indebtednesses, obligations or liabilities,
whether direct, indirect, existing, future, contingent, joint, several or
otherwise, which the Mortgagor may presently or hereafter owe to the Mortgagee,
however evidenced and however owned, held, acquired or assigned to the Mortgagee
(which shall include, without limitation, any obligation evidenced by any
promissory note, check, draft, overdraft, contract, assignment, guaranty or
other document), all of which are hereinafter collectively referred to as
"Additional Indebtednesses," and said Additional Indebtednesses shall not exceed
in the aggregate the total maximum sum of ZERO (-0-). Unless otherwise
stipulated hereinafter, all Additional Indebtednesses hereby secured are or will
be incurred no more than ten (10) years prior to the date of this Mortgage and
have or will have final maturity dates no later than ten (10) years after the
latest final maturity date of the Mortgagor's promissory note(s) described in
Paragraph I above.
III. The Mortgagor further covenants, warrants and agrees with
the Mortgagee as follows:
1. TITLE. The Mortgagor is seized of the estate
hereby conveyed and warrants the title to said real estate and covenants that it
has full authority to mortgage and convey good and marketable title to the same;
the Mortgagor hereby expressly conveys to the Mortgagee and otherwise waives all
rights it may have in the Mortgaged Premises by reason of dower, curtesy,
homestead or any statutory interest in lieu thereof; and the Mortgaged Premises
are free from all encumbrances, liens, claims or charges prior to or on equality
with this Mortgage and that this Mortgage is and shall be the first, best and
superior lien against said Mortgaged Premises, unless otherwise specified as
follows:
NONE
2. CASUALTY INSURANCE. The Mortgagor will keep all
existing and future improvements on the Mortgaged Premises insured under
policies with insurance companies approved by the Mortgagee against fire,
lightning, windstorm, vandalism and malicious mischief with extended coverage in
the amount of the maximum insurable value of said improvements; all said
policies of insurance shall contain a standard mortgage loss payable clause in
favor of the Mortgagee, as its interests may appear; and the Mortgagor shall
deposit said policy or
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policies with the Mortgagee as collateral security for said indebtednesses
secured hereby. In case any money becomes payable under any said insurance
policy or policies, the Mortgagee may, at its option, apply the money collected
to the payment of any indebtedness secured hereby, or the Mortgagee may, at its
option, apply same to repairing or rebuilding the said improvements. In the
event of loss, the Mortgagor shall give immediate notice by certified mail to
the Mortgagee and shall promptly file proof of loss with the insurer. In event
of foreclosure of this Mortgage, or other transfer of title to the Mortgaged
Premises in extinguishment of the debt secured hereby, all right, title and
interest of the Mortgagor in and to any insurance policies then in force shall
pass to the purchaser or grantee. The aforesaid policy of insurance shall
contain a provision whereby it shall not be cancelable except upon not less than
thirty (30) days' prior written notice to the Mortgagee.
3. OTHER INSURANCE. In addition to the foregoing
property insurance, the Mortgagor shall further provide, at its sole expense:
(i) liability insurance with limits of no less than FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00); (ii) flood insurance if the property is in an area which
has been or is hereafter identified by the Secretary of Housing and Urban
Development as having special flood or mud slide hazards; and (iii) business
interruption insurance. The Mortgagor will pay the premiums on all insurance
policies when due, deliver to the Mortgagee upon its request the official
receipt for such premium payments, and upon issuance of such policies, will
promptly deposit them with Mortgagee as additional security. The Mortgagor
further covenants to deliver to the Mortgagee at least ten (10) days before the
expiration of any such insurance policy, a renewal of such policy or policies,
together with official receipts for the payment of the premium thereon. The
delivery to the Mortgagee of any policy or policies of insurance hereunder, or
renewals thereof, shall constitute an assignment to the Mortgagee of all
unearned premiums thereon as further security for the payment of the
indebtedness secured hereby.
4. TAXES. The Mortgagor will promptly pay all taxes,
legal assessments, or other governmental levies which are now or which may be
assessed or levied against the Mortgaged Premises, and it will, upon request,
exhibit the receipts thereof to the Mortgagee at its said office.
5. MAINTENANCE, USE AND ALTERATIONS. The Mortgagor
shall keep all buildings, fences and other improvements on the Mortgaged
Premises in as good repair and condition as the same are in at this date, and
shall promptly, repair, rebuild or restore any part damaged or destroyed, and
shall permit no waste, and especially no cutting of timber or removal of oil,
gas, coal or other minerals. The Mortgagor shall not make or permit, without
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Mortgagee's written consent: (i) any use of the Mortgaged Premises for any
purpose other than that for which the same is now used or as identified to
Mortgagee as intended to be used; (ii) any substantial alterations of the
buildings, improvements, fixtures, apparatus, machinery and equipment now or
hereafter erected or located upon the Mortgaged Premises; (iii) any purchase,
lease or agreement under which title is reserved in the vendor respecting any
fixtures, apparatus, machinery, equipment or personal property to be placed in
or upon any of the buildings or improvements on the Mortgaged Premises unless
any such interest is subordinated to the lien of this Mortgage, and Mortgagor
shall execute and deliver from time to time such further instruments as may
reasonably be requested by Mortgagee in order to confirm the priority of this
mortgage lien.
In the event of the failure of the Mortgagor to
properly maintain and keep the Mortgaged Premises, the Mortgagee may provide
such maintenance and make such repairs as are necessary for the protection of
its interests therein, and any sums so expended and all costs and expenses so
incurred or paid by the Mortgagee by reason of said failure of the Mortgagor
shall be repaid on demand, with interest at the highest rate payable on any note
secured hereby, and said sum shall be deemed an Additional Indebtedness secured
by this Mortgage with the lien thereof deemed to be equal in dignity to the lien
securing the other indebtedness secured hereby.
6. ENVIRONMENTAL COMPLIANCE. The Mortgagor warrants
that the Mortgaged Premises are free from contamination by hazardous materials
except as has previously been disclosed in writing to Mortgagee and further
warrants that the Mortgaged Premises shall remain free from contamination by
hazardous materials during the term of this Mortgage. The Mortgagor shall, at
all times, comply with all applicable laws, ordinances or governmental
regulations of an environmental nature.
7. FAILURE TO PERFORM--ADVANCES. In case of the
Mortgagor's failure to pay said taxes or assessments, keep said insurance in
force, maintain the Mortgaged Premises or comply with all laws, ordinances and
governmental regulations of an environmental nature, the Mortgagee, or the
holder of any indebtedness secured hereby, may make said payments or effect
compliances. Any sums thus expended shall be repaid on demand, with interest at
the highest rate payable on any note secured hereby, and said sum shall be
deemed an Additional Indebtedness secured by this Mortgage with the lien thereof
deemed to be equal in dignity to the lien securing the other indebtedness
secured hereby.
8. ATTORNEYS' FEES AND COSTS. All reasonable
attorneys' fees and other costs incurred or paid by the Mortgagee in any legal
proceeding made necessary by the Mortgagor's default or breach of any of the
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provisions of this Mortgage or of any indebtedness secured hereby shall be
repaid on demand, with interest at the highest rate payable on any note secured
hereby, and said sum shall be deemed an Additional Indebtedness secured by this
Mortgage with the lien thereof deemed to be equal in dignity to the lien
securing the other indebtedness secured hereby.
9. COSTS OF APPEARANCES. In case the Mortgagee shall
hereafter appear before any of the governmental administrative agencies or in
any court or tribunal to defend the title or possession of the Mortgaged
Premises and/or its said lien thereon, or in case the Mortgagee shall hereafter
appear in any court to prove any of the indebtednesses secured by this Mortgage,
all the costs and expenses of such appearances, together with a reasonable
attorney's fee, shall be repaid on demand to the Mortgagee, with interest at the
highest rate payable on any note secured hereby, and said sum shall be deemed an
Additional Indebtedness secured by this Mortgage with the lien thereof deemed to
be equal in dignity to the lien securing the other indebtedness secured hereby.
10. CONDEMNATION. In the event of the partial or
total taking, destruction or damage of the Mortgaged Premises, through the
exercise of the power of eminent domain or condemnation, the Mortgagor shall
deposit with the Mortgagee all proceeds received by reason of said exercise to
the extent of the then unpaid balances of all indebtednesses secured hereby, and
the Mortgagee may, at its option, declare any one or more of the indebtednesses
secured hereby immediately due and payable in full.
11. TRANSFER OR SALE.
If all or any part of the Mortgaged Premises or an
interest therein is sold or transferred by the Mortgagor without Mortgagee's
prior written consent, excluding only: (i) the creation of a lien or encumbrance
subordinate to this Mortgage; (ii) the creation of a purchase money security
interest for household appliances; (iii) a transfer by devise, descent or by
operation of law upon the death of a joint tenant; or (iv) the grant of any
leasehold interest of three years or less not containing an option to purchase,
Mortgagee may, at the Mortgagee's option, declare any or all the indebtednesses
secured by this Mortgage to be immediately due and payable and may forthwith
proceed to collect the same and to enforce this Mortgage by suit or otherwise.
The Mortgagee shall have waived such option to accelerate if, prior to the sale
or transfer, the Mortgagee and the person to whom the property is to be sold or
transferred reach agreement in writing that the credit of such person is
satisfactory to the Mortgagee and that the interest payable on the sums secured
by this Mortgage shall be at such rate as the Mortgagee shall request. No sale,
mortgage, transfer or conveyance of the Mortgaged Premises or any assumption of
this Mortgage, even with the written consent of the
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Mortgagee, shall operate to release or in any way discharge the Mortgagor from
its primary liability for the payment of all the indebtedness hereby secured.
12. CONSTRUCTION. If checked here X , this Mortgage
is made, in whole or in part, for the purpose of erecting, improving or adding
to an existing building or other structure on the Mortgaged Premises or
otherwise improving the Mortgaged Premises, all as prescribed by KRS 376.050. In
the event the construction located on the Mortgaged Premises should cease to
progress or the construction be so slow that for all intents and purposes the
construction may be said to have ceased, the determination of whether or not
construction has ceased shall rest entirely with the Mortgagee, the Mortgagee
may, at its option, as an alternative remedy, enter upon the property and
complete the construction; the Mortgagor hereby giving to the Mortgagee full
power and authority to make such entry, and to enter into such contracts or
arrangements as may be necessary to complete the construction. Any sums of money
thus expended by the Mortgagee in connection with such completion of
construction shall be repaid on demand, with interest at the highest rate
payable on any note secured hereby, and said sum shall be deemed an Additional
Indebtedness secured by this Mortgage with the lien thereof deemed to be equal
in dignity to the lien securing the other indebtedness secured hereby.
13. EVENTS OF DEFAULT AND ACCELERATION. The
occurrence of any of the following shall constitute an event of default under
this Mortgage: (i) the failure to pay as due any payment on any indebtedness
secured hereby; (ii) the failure to pay any taxes or assessments on the
Mortgaged Premises when they become due and payable and same remains unpaid for
thirty (30) days; (iii) the failure to keep the Mortgaged Premises insured as
provided herein or to pay the premiums for such insurance when due; (iv) the
failure to keep the Mortgaged Premises in good condition and repair; (v) the
failure to keep or perform any covenant, term, agreement or stipulation of this
Mortgage or of any promissory note or other indebtedness secured hereby; (vi)
the commencement of any proceedings involving title to the Mortgaged Premises or
any part thereof, including the foreclosure of any second or other inferior
mortgage or any other lien against the property herein conveyed; (vii) the
adjudication of the Mortgagor as a bankrupt in either voluntary or involuntary
proceedings; (viii) the disclosure that any warranty, representation or
statement made or furnished to Mortgagee by, or on behalf of, Mortgagor in
connection with this Mortgage or to induce Mortgagee to make any loan,
advancement or other extension of credit to Mortgagor be untrue or misleading in
any material respect as of the date when made or furnished; (ix) a determination
by any governmental unit that the Mortgagee has failed to
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comply with any law, ordinance or governmental regulation of an environmental
nature; or (x) the reasonable determination by the Mortgagee as to any
indebtedness secured hereby that it is insecure for any other reason.
Upon the occurrence of an event of default as to any
indebtedness secured hereby, the Mortgagee, at its option, without notice to
anyone, then declare any or all the indebtedness secured hereby to be at once
due, owing and payable as to all unpaid principal and accrued interest, and may
forthwith proceed to collect all of the same and to enforce this Mortgage by
suit or otherwise; and in any of such events the Mortgagee may enter on the
Mortgaged Premises, collect the rents, issues and profits therefrom and after
paying all expenses of such collections apply the money collected to the
satisfaction of the indebtednesses hereby secured. In any of such events of
default herein mentioned, the Mortgagee may, at its option, apply to any court
of competent jurisdiction for the appointment of a receiver of the Mortgaged
Premises to manage the same and to collect the rents, issues and profits
therefrom; and after deducting the costs and expenses of such receivership and
shall apply the remainder of such rents, issues and profits so received to the
payment of the indebtednesses secured hereby. The grounds for the appointment of
a receiver herein set out shall be in addition to, and not in limitation of, the
statutory remedy of receivership and may be invoked either in aid of or without
proceeding for the foreclosure and sale of the Mortgaged Premises. The Mortgagor
acknowledges the propriety of and consents to the appointment of a receiver for
the Mortgaged Premises upon seven (7) days' notice in the event that any action
is commenced to foreclose this Mortgage.
IV. It is expressly agreed, understood and stipulated by and
between the parties hereto:
1. Time is of the essence in this Mortgage. However,
delay by the Mortgagee in the exercise of any of its rights hereunder shall not
preclude the exercise thereof so long as the Mortgagor is in default hereunder,
and no failure of the Mortgagee to exercise any of its rights hereunder shall be
deemed a waiver of any of those rights or preclude the exercise thereof in the
event of a subsequent default by the Mortgagor hereunder. The Mortgagee may
enforce any one of its rights or remedies hereunder successively or
concurrently.
2. No sale of the Mortgaged Premises and no
forbearance on the part of the Mortgagee, nor extension of time for the payment
of any indebtedness secured, shall operate to release, discharge, modify, change
or affect the original liability of the Mortgagor, or any subsequent persons who
become obligated by reason of the assumption of the debt, either in whole or in
part.
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3. If any provision, clause or phrase of this
Mortgage is held or found to be illegal, invalid, void or unrecordable, it is
the intent of the parties hereto that the remainder of this Mortgage be given
full effect without such provision, clause or phrase, and to this end the
Mortgage is intended by said parties to be severable.
4. This Mortgage shall inure to and bind the heirs,
devisees, administrators, executors, successors and assigns of all the parties
hereto.
5. Whenever used herein, the singular number shall
include the plural, the plural the singular and the use of any gender shall be
applicable to all genders.
6. The Mortgagee shall have the right to inspect the
Mortgaged Premises at all reasonable times in order to determine whether
Mortgagor is complying with the terms and conditions contained in this Mortgage
or in any other document securing any indebtedness secured hereby.
7. The Mortgagee may extend the time for payment of
any indebtedness secured hereby, or reduce the payments thereon, or accept a
renewal note or notes therefor, without consent of any junior lienholder and
without the consent of the Mortgagor, and no such extension, reduction or
renewal shall affect the priority of this Mortgage or impair the security hereof
in any manner whatsoever, or release, discharge or affect in any manner the
personal liability of the Mortgagor to the Mortgagee.
8. The captions herein are inserted only as a matter
of convenience and for reference and in no way define, limit or describe the
scope of this Mortgage nor the intent of any provisions hereof.
PROVIDED, HOWEVER, if the Mortgagor does pay all said
indebtednesses secured hereby and if the Mortgagor does perform all its
covenants and agreements herein set forth, then, and in that event only, this
Mortgage shall at that time become null and void, and the Mortgagee shall, at
the cost of the Mortgagor, release same of record.
IN TESTIMONY WHEREOF the Mortgagor has executed this Mortgage
on the day and year first above written.
CITIZENS FIRST CORPORATION
BY: /s/ Xxxx X. Xxxxxx
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COMMONWEALTH OF KENTUCKY
COUNTY OF XXXXXX
I, the undersigned, a Notary Public in and for the
Commonwealth and County aforesaid, do hereby certify that Xxxx X. Xxxxxx did
personally appear before me in my said county and did certify and declare that
she is the President of the corporation, Citizens First Corporation, and that
she acknowledged she executed the foregoing Mortgage as the President of said
corporation for and on behalf of the corporation as authorized
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by the Board of Directors of the Corporation as the act of the
Corporation for the purposes therein stated on this 8th day of October, 1998.
/s/ Xxxxx X. Xxxxxxx
-----------------------------------------
NOTARY PUBLIC, Ky. State-at-Large
My Commission Expires: 2-11-2002
------------------
PREPARED BY:
ENGLISH, XXXXX, PRIEST & XXXXXX
Attorneys at Law
0000 Xxxxxxx Xxxxxx, P. X. Xxx 000
Xxxxxxx Xxxxx, XX 00000-0000
Phone: (000) 000-0000
BY: /s/ Xxxxx X. Xxxxxxx
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XXXXX X. XXXXXXX
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