REAL ESTATE MORTGAGE
THIS INDENTURE WITNESSETH, That Premiere Credit of North America, LLC, an
Indiana limited liability company ("MORTGAGOR") of Xxxxxx County, State of
Indiana, MORTGAGE AND WARRANT to National Education Loan Network, Inc., a Nevada
corporation ("MORTGAGEE") of Lancaster County, State of Nebraska, the following
described real estate in Xxxxxx County, Indiana:
See Exhibit A, attached hereto,
together with all rights, privileges, interests, easements, hereditaments,
appurtenances, fixtures and improvements now or hereafter belonging,
appertaining, attached to, or used in connection therewith, and all the rents,
issues, income and profits thereof (all of which is hereinafter called the
"MORTGAGED PREMISES").
This mortgage is given to secure the performance of the provisions hereof
and the payment of a certain promissory note ("NOTE") dated as of June 15, 2004,
in the principal amount of One Million Dollars ($1,000,000.00) with interest as
therein provided and with a final maturity date of June 14, 2004. Said principal
and interest are payable as provided in the Note.
Xxxxxxxxx (jointly and severally) covenants and agrees with Mortgagee that:
1. PAYMENT OF INDEBTEDNESS. Xxxxxxxxx shall pay when due all indebtedness
secured by this mortgage, on the dates and in the amounts, respectively, as
provided in the Note or in this mortgage, without relief from valuation and
appraisement laws, and with attorneys' fees. Mortgagor shall have only such
prepayment privileges as are provided in the Note.
2. NO LIENS. Mortgagor shall not permit any lien of mechanics or
materialmen to attach to and remain on the Mortgaged Premises or any part
thereof for more than forty-five (45) days after receiving notice thereof.
3. REPAIR OF MORTGAGED PREMISES; INSURANCE. Mortgagor shall keep the
Mortgaged Premises in good repair and shall not commit waste thereon. Mortgagor
shall procure and maintain in effect at all times adequate insurance in
insurance companies acceptable to Mortgagee against loss, damage to, or
destruction of the Mortgaged Premises because of fire, windstorm and such other
hazards and in such amounts, as Mortgagee may reasonably require from time to
time. All such insurance policies shall contain proper clauses making all
proceeds of such policies payable to Mortgagee and Mortgagor as their respective
interests may appear. All such policies of insurance shall be delivered to and
retained by Mortgagee until the indebtedness secured hereby is fully paid.
4. TAXES AND ASSESSMENTS. Mortgagor shall pay all taxes or assessments
levied or assessed against the Mortgaged Premises, or any part thereof, as and
when the same become due and before penalties accrue.
5. ADVANCEMENTS TO PROTECT SECURITY. Mortgagee, at his option, may
advance and pay all sums necessary to protect and preserve the security intended
to be given by this mortgage. All sums so advanced and paid by Mortgagee shall
become a part of the indebtedness secured hereby and shall bear interest from
the date or dates of payment at the Default Rate as provided in the Note. Such
sums may include, but are not limited to, insurance premiums, taxes, assessments
and liens which may be or become prior and senior to this mortgage as a lien on
the Mortgaged Premises, or any part thereof, and all costs, expenses and
attorneys' fees incurred by Mortgagee in respect of any and all legal or
equitable proceedings which relate to this mortgage or to the Mortgaged
Premises.
6. DEFAULT BY XXXXXXXXX; REMEDIES OF MORTGAGEE. Upon default by Mortgagor
in any payment provided for herein or in the Note, or in the performance of any
covenant or agreement of Mortgagor hereunder, or if Mortgagor shall abandon the
Mortgaged Premises, or shall be adjudged bankrupt, or if a trustee or receiver
shall be appointed for Mortgagor or for any part of the Mortgaged Premises, then
and in any such event, the entire indebtedness secured hereby shall become
immediately due and payable at the option of Mortgagee, without notice, and this
mortgage may be foreclosed accordingly. Upon such foreclosure, Mortgagee may
continue the abstract of title to the Mortgaged Premises, or obtain other
appropriate title evidence, and may add the cost thereof and of any title
insurance policy to be issued in connection therewith to the principal balance
due, together with interest at the Default Rate as provided in the Note.
7. NON-WAIVER; REMEDIES CUMULATIVE. No delay by Mortgagee in the exercise
of any of his rights hereunder shall preclude the exercise thereof so long as
Xxxxxxxxx is in default hereunder, and no failure of Mortgagee to exercise any
of his rights hereunder shall preclude the exercise thereof in the event of a
subsequent default by Xxxxxxxxx hereunder. Mortgagee may enforce any one or more
of his rights or remedies hereunder successively or concurrently.
8. EXTENSIONS; REDUCTIONS; RENEWALS; CONTINUED LIABILITY OF MORTGAGOR.
Mortgagee, at his option, may extend the time for the payment of the
indebtedness, or reduce the payments thereon, or accept a renewal note or notes
therefor, without consent of any junior lien holder, and without the consent of
Mortgagor if Xxxxxxxxx has then parted with title to the Mortgaged Premises. 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 Mortgagor to Mortgagee. This
mortgage shall secure any notes or other evidence of indebtedness given in
substitution for the Note.
9. DUE ON SALE. If all or any part of the Mortgaged Premises, or any
interest therein, is sold, transferred, assigned or otherwise disposed of, or
further encumbered by mortgage or otherwise, without Mortgagee's prior written
consent, Mortgagee, at its option, may declare all sums secured by this mortgage
immediately due and payable. Any contract of sale of any kind including, without
limitation, land contract, conditional sales contract, installment sales
contract, lease with option to purchase (whether such option is oral or
contained within such lease or in any other document) or any other transfer of
interest in the Mortgaged Premises (other than a transfer by devise or descent
or a transfer by operation of law to a surviving co-tenant or
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the creation of a leasehold interest of three (3) years or less not including
any option to purchase, renew or extend) shall be deemed a transfer requiring
prior written consent of Mortgagee. Mortgagee reserves the right, in his
unlimited discretion, on any basis deemed appropriate to Mortgagee, to refuse
such consent, to condition such consent on a change in the interest payable on
the sums secured by this mortgage, and/or otherwise change the terms of this
mortgage. If Mortgagee exercises the option to accelerate payment of the
indebtedness, all such indebtedness shall become due and payable within thirty
(30) days after the mailing of a notice from Mortgagee to Mortgagor setting
forth the total sums due. In the event of the failure of Mortgagor to pay such
sums prior to expiration of such thirty (30) day period, Mortgagee may, without
further notice or demand, invoke any remedy permitted hereunder for default.
10. GENERAL AGREEMENT OF PARTIES. All rights and obligations hereunder
shall extend to and be binding upon the several heirs, representatives,
successors and assigns of the parties to this mortgage. When applicable, use of
the singular form of any word also shall mean or apply to the plural and
masculine form shall mean and apply to the feminine or the neuter. The titles of
the several paragraphs of this mortgage are for convenience only and do not
define, limit or construe the contents of such paragraphs.
IN WITNESS WHEREOF, the Mortgagor has executed this mortgage, this 15th day
of June, 2004.
Premiere Credit of North America, LLC,
an Indiana limited liability company
By: /s/ Xxxx X. Xxxxx
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Title:
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