1
EXHIBIT 10.14
39494
OPEN END MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS
AND LEASES
KNOW ALL MEN BY THESE PRESENTS THAT UNITREND, INC. (the "Borrower"), an
Ohio corporation, whose address is 0000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 00, Xxxxxx,
Xxxx 00000, for the consideration of Two Hundred Ninety Thousand and No/100
Dollars ($290,000.00) received or to be received to Borrower's full satisfaction
and to Borrower or on Borrower's behalf paid or to be paid by NATIONAL CITY
BANK, a national banking association, having its principal place of business
located at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxx 00000, (the "Bank"), gives, grants,
bargains, sells, assigns and conveys unto Bank, its successors and assigns, the
following described real property, appurtenances and rights:
Parcel 1. That part of the West 27 acres of the Northeast
1/4 of Section 36, Town 9 South, Range 6 East, in the City
of Toledo, Lucas County, Ohio, that lies Northerly of the
North line of Countryside Plat 11, excepting therefrom the
North 435 feet thereof. Subject to legal highways.
Parcel II. The West 100 feet of the North 435 feet of the
West 27 acres of the Northeast 1/4 of Section 36, Town 9
South, Range 6 East. in the City of Toledo, Lucas County,
Ohio.
TOGETHER with, all and singular, the right, title and interest of
Borrower, including any after acquired title or reversion, in and to xxx xxxx,
xxxxxxxxx, xxxxxxx, alleys, passages, water, water courses, riparian rights,
rights, liberties and privileges in any way appertaining to the Premises; and
TOGETHER with, all rents, issues, proceeds and profits accruing and to
accrue from the Premises; and
TOGETHER with, all buildings and improvements of every kind and
description now or hereafter constructed or placed thereon or therein and all
materials intended for construction, reconstruction, alteration and repairs of
such improvements now or hereafter erected thereon or therein, all of which
materials shall be deemed to be included within the property subject to this
Mortgage immediately upon the delivery thereof to the premises, and all fixtures
and articles of personal property in which Borrower now has or at any time
hereafter acquires an interest and which are attached to or contained in and
used in connection with the premises, and all renewals or replacements thereof
or articles in substitution therefor, whether or not the same are or shall be
attached to the buildings in any manner, it being mutually agreed that all the
aforesaid property owned by Borrower and placed by it on the Premises shall, so
far as permitted by law, be deemed to be fixtures and a part of the realty,
security for the indebtedness and covered by this Mortgage,
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and as to the balance of the property aforesaid, this Mortgage is a security
agreement for the purpose of creating hereby a security interest in the
property, securing the indebtedness, for the benefit of Bank; and
TOGETHER with, all right, title and interest now owned or hereafter
acquired by Borrower in and to any leases for equipment of any kind or nature
used in connection with the Premises; and
TOGETHER with, all awards and other compensation heretofore or
hereafter to be made to the present and all subsequent owners of the property
subject to this Mortgage for any taking by eminent domain, either permanent or
temporary, of all or any part of property or any easement or appurtenance
thereof, including severance and consequential damage and change in grade of
streets, which awards and compensation are hereby assigned to Bank.
The property mentioned above is referred to as "the Premises" to the
went the same is realty and as "the Collateral" to the extent the same is
personalty. The Premises and the Collateral are collectively referred to as
"Mortgaged Property", except where the reference is to the Premises or the
Collateral specifically.
TO HAVE AND TO HOLD the Mortgaged Property, with the appurtenances
thereunto belonging, unto Bank, its successors and assigns, forever, against all
lawful claims and demands whatsoever.
Borrower represents to Bank, its successors and assigns, that at and
until the ensealing of these presents, Borrower is the owner of the Premises and
has good right to bargain, sell and convey the same in manner and form as above
written, and Borrower will execute, acknowledge and deliver any further
assurances as may be necessary or required hereto to evidence or confirm the
interest in the Premises granted by this Mortgage.
THE CONDITION OF TIES MORTGAGE IS, Whereas Borrower has executed and
delivered this Mortgage for the purpose of securing the performance of the
covenants and agreements contained in this Mortgage and in any loan agreement
made with respect to any loan secured hereby, and to secure the payment when due
of:
(a) the principal and interest of the promissory note ("the Note"),
dated July 7, 1998, executed by Borrower, in the principal sum of Two Hundred
Ninety Thousand and No/100 Dollars ($290,000.00), with interest at the rate
specified in the Note, the balance of the Note being due and payable on August
1, 2003, or such earlier date as in the Note provided;
(b) all sums expended or advanced by Bank pursuant to any term or
provision of this Mortgage or to any other agreement delivered in connection
with this transaction;
(c) all unpaid advances of Bank with respect to the Mortgaged Property
for the payment of taxes, assessments, insurance premiums or costs incurred in
the protection or operation of the Mortgaged Property as provided in Section
5301.233 of the Ohio Revised Code;
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(d) the unpaid balances of any loan advances made this date or
subsequent to recordation hereof and all other liabilities and indebtedness of
Borrower to Bank, direct or contingent, now or hereafter owing by Borrower to
Bank to the extent that the total unpaid loan indebtedness secured hereby,
exclusive of the interest thereon, does not exceed the maximum amount specified
in this mortgage which is Two Hundred Ninety Thousand and No/100 Dollars
($290,000.00).
AND WHEREAS, Borrower further covenants and agrees as follows:
1. To pay promptly the principal of and interest on the indebtedness
evidenced by the Note at the time and in the manner herein and in the Note
provided.
2. In order more fully to protect the security of this Mortgage, to pay
to Bank, if so required by Bank, in addition to the payments of principal and
interest under the terms of the Note and concurrently therewith until the Note
is fully paid, the following sums:
(a) a sum equal to taxes and assessments, both general and special,
next due upon the Mortgaged Property;
(b) the premiums that will next become due and payable on policies
of insurance covering the Mortgaged Property and required under the
provisions hereof.
Sums due for taxes and insurance premiums shall be divided by the number of
payment dates to elapse before the date such taxes, assessments and insurance
premiums, respectively, will become due and payable. These sums shall be held by
Bank in trust, but without interest accruing thereon, to pay each of the
particular items.
3. To keep the Mortgaged Property free from statutory liens of every
kind except current taxes and assessments not yet due and payable; to pay,
before delinquency and before any penalty for nonpayment attaches thereto, all
taxes, assessments, and other governmental or municipal or public dues, charges,
fines or impositions which are or may be levied against the Mortgaged Property
or any part thereof, and, except when payment for all such items has theretofore
been made under paragraph 2 hereof, to timely deliver to Bank receipted bills
evidencing payment therefor.
4. To keep the improvements now existing or hereafter erected on or in
the Mortgaged Property insured against loss or damage by, or abatement of rental
income, resulting from fire and "all risk" perils. Borrower covenants to
maintain flood insurance as required by the Flood Disaster Protection Act of
1973, as amended, and to maintain any additional flood insurance required by the
Bank. All perils insured, with the exception of flood, shall be in an amount not
less than the replacement value of the Mortgaged Property, and in any event, in
an amount necessary to prevent the operation of any coinsurance provision
contained in any policy of such insurance. Borrower agrees to pay promptly when
due any premiums on such insurance and further agrees, if requested by the Bank,
to furnish a certificate from the company carrying such
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insurance acknowledging that such insurance is adequate in an amount to prevent
the operation of any coinsurance provision contained therein. All such insurance
shall be carried in companies approved by the Bank in its reasonable discretion
and the policies and renewals thereof shall be deposited with and held by the
Bank and have attached thereto standard non-contributing mortgagee clauses (in
favor of and entitling the Bank to collect any and all proceeds payable under
all such insurance) as well as the standard waiver of subrogation endorsement,
all to be in a form acceptable to the Bank.
If any such loss or damage occurs as described herein to the
improvements in or on the Premises, Borrower shall give prompt notice to the
Bank and the insurance carrier. Borrower shall be entitled to adjust,
compromise, and collect any such losses, subject to the following conditions;
(a) Borrower obtains the written approval of Bank as to the amount of the
losses, which approval shall not be unreasonably withheld or delayed; (b)
Borrower is not then in default under any of the terms, covenants and conditions
of this Mortgage, the Note, or any other instrument executed in connection with
or to additionally secure the indebtedness evidenced by the Note; (c) Bank shall
first be given satisfactory proof, in accordance with the plans and
specifications therefor previously approved by Bank, that such improvements have
been fully restored, or by the expenditures of such money will be fully
restored, free and clear of all mechanic's and materialman's liens; (d) if such
proceeds shall be insufficient to restore or rebuild the said improvements,
Borrower shall deposit promptly with Bank funds which, together with the
insurance proceeds, shall be sufficient to restore and rebuild the improvements
on or in the Premises; and (e) the excess of the insurance proceeds above the
amount necessary to complete such restoration shall be applied as hereinbefore
provided, at the option of Bank, as a credit upon the indebtedness secured
hereby. If Borrower does not meet the foregoing provisions, Borrower authorizes
Bank to collect, adjust and compromise any losses under any of the insurance
aforesaid. After deducting costs of collection, Bank shall be entitled to apply
the proceeds, at its option, as follows: (x) a credit upon any portion, as
selected by Bank, of the indebtedness secured hereby; or (y) in restoration of
the improvements, in which event the Bank shall not be obligated to see to the
proper application thereof nor shall the amount so released or used be deemed a
payment on any indebtedness secured hereby; or (z) so deliver same to the owner
of the Mortgaged Property. Under no circumstances shall Bank become obligated to
take any action to restore the improvements so damaged.
In the event of foreclosure of this Mortgage, or other transfer of
title to the Mortgaged Property in lieu of foreclosure, all right, title and
interest of Borrower in and to any insurance policies then in force shall pass
to the purchaser or grantee thereof.
5. If any action shall be commenced or any written notice shall be
received for the taking by exercise of the power of eminent domain of title to
or the temporary use of the Mortgaged Property, or any part thereof, the
Borrower will promptly give written notice thereof to the Bank describing the
nature and extent of the proposed taking. Any proceeds received from any award
made in such eminent domain proceedings (or conveyance in lieu thereof) are
pledged by Borrower as additional security for the payment of the Note and
shall, if received prior to the release and discharge of this Mortgage, be made
available to Borrower in the same manner and under the same conditions as
insurance proceeds under paragraph 4 hereof,
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6. That no building or other improvement on or in the Premises shall be
structurally or materially altered, removed or demolished, nor shall any
fixtures or appliances on, in or about the buildings or improvements be severed,
removed, sold or mortgaged, without the consent of Bank. If any of the fixtures,
chattels or articles of personal property covered by this Mortgage is destroyed
in whole or in part, they shall be replaced promptly by similar fixtures,
chattels and articles of personal property at least equal in quality and
condition as those replaced, free from any security interest in or encumbrance
thereon or reservation of title thereto.
7. To permit, commit or suffer no waste, impairment or deterioration of
the Mortgaged Property or any part thereof; to keep and maintain the Mortgaged
Property and every part thereof with buildings, fixtures, machinery and
appurtenances in good repair and condition; to effect such repairs as Bank may
reasonably require and from time to time make all needful and proper
replacements so that the buildings, fixtures, machinery and appurtenances will,
at all times, be in good condition, fit and proper for the respective purposes
for which they were erected or installed, to comply with all statutes, orders,
requirements or decrees relating to the Mortgaged Property by any federal, state
or municipal authority to the extent necessary to avoid any violations thereof;
and to permit Bank or its agents, at all reasonable times, to enter upon and
inspect the Mortgaged Property.
8. That Borrower will not cause or permit any toxic or hazardous
substance or waste, or underground storage tanks, or any other pollutants which
could be detrimental to the Mortgaged Property, human health, or the
environment, or that would violate any local, state or federal laws or
regulations (collectively, "Environmental Conditions") to be present on or
affect the Mortgaged Property. Borrower agrees to indemnify, defend and save
Bank, its successors and assigns, harmless, from and against my of the following
which may result from the existence of any Environmental Conditions at the
Mortgaged Property: (a) any liability, loss, cost, damage or expense (including,
without limitation, attorneys' fees and expenses) arising from the imposition or
recording of a lien, the incurrence of any clean-up and removal costs under any
hazardous waste, environmental protection, spill compensation, clean air and
water, or other local, state or federal law or regulation (collectively, the
"Environmental Laws") with respect to the Mortgaged Property, or liability to
any third party in connection with any violation of any Environmental Laws or
other action by Borrower or its agents; (b) any loss of value in the Mortgaged
Property as a result of any such lien, clean-up and removal costs; and (c) any
liability, loss, cost, damage or expense arising from any failure or defect in
title occasioned by any of the applicable Environmental Laws. Borrower shall, at
all times comply with, and cause all occupants of the Mortgaged Property to
comply with, all applicable Environmental Laws. Borrower agrees to promptly
notify Bank of the commencement of any litigation or proceedings pending,
threatened or commenced (whether or not served) against Borrower or any other
party in connection with Environmental Conditions and/or Environmental Laws and
of the receipt of any notice from any Governmental Agency in regard to
Environmental Conditions and/or Environmental Laws. Borrower shall immediately,
upon receipt, provide the Bank with true, complete and coma copies of all such
notices and other documentation related to said notices, litigation or
proceedings. Borrower agrees that Borrower's indemnification of Bank and other
obligations, as set out above
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in this paragraph 8, shall survive the release of this Mortgage and remain in
effect notwithstanding the payment in full of the Note and any other
indebtedness secured hereby.
9. That, unless approval is first obtained in writing from Bank,
Borrower will not voluntarily create or permit to be created or filed against
the Mortgaged Property any mortgage lien or other lien or liens inferior or
superior to the lien of this Mortgage, or if filed, will have same discharged of
record either by payment, the bonding thereof or other lawful means for
discharging any such lien, within sixty (60) days after notice of filing, and
further, Borrower will keep and maintain the some free from the claims of all
persons supplying labor or materials which will enter into the construction of
any and all buildings and improvements now being constructed or which hereafter
may be constructed on or in the Premises, notwithstanding by whom such labor or
materials may have been contracted. If Bank consents to any lien inferior to the
lien of this Mortgage, any default in the performance or observance of the terms
and conditions contained in the instrument creating or extending such lien shall
be a default hereunder.
10. That Borrower shall pay for appraisals that Bank is required to
obtain by laws or regulations that apply to national banks.
11. To save Bank harmless from all loss, cost and expense, incurred by
reason of any action, suit, proceeding, hearing, motion or application before
any court or administrative body (excepting an action to foreclose or to collect
the debt secured hereby) wherein proof of claim is required to be filed or in
which it becomes necessary to defend or uphold the terms of and the lien created
by this Mortgage. All money paid or expended by Bank in that regard, together
with interest thereon from date of such payment at the then applicable rate
under the Note, shall be so much additional indebtedness secured hereby and
shall be immediately and without notice due and payable to Bank.
12. That Borrower will at all times promptly and faithfully keep and
perform, or cause to be kept and performed, all covenants and conditions
contained in any easement agreements, party wall agreements, deeds or other
instruments, which in any way affect the Mortgaged Property and are to be kept
and performed by Borrower, and Borrower further covenants that it will not do or
permit anything to be done under such instruments, the doing of which, or
refrain from doing anything, the omission of which, will impair or tend to
impair the security of this Mortgage.
13. That nothing contained in this Mortgage nor any transaction related
thereto shall be construed or shall so operate either presently or
prospectively, to require Borrower to make any payment or do any act contrary to
law, but if any clause and provision herein contained shall otherwise so operate
to invalidate this Mortgage in whole or in part then such clauses and provisions
only shall be held for naught as though not herein contained and the remainder
of this Mortgage shall remain operative and in full force and effect.
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14. That this Mortgage is a security agreement for the purpose of
creating a security interest securing the indebtedness secured hereby in and to
the Collateral and any other indebtedness hereinafter due from Borrower to Bank.
Borrower authorizes Bank to file, in the jurisdiction where this
Mortgage will be given effect, financing statements covering the Collateral and
at the request of Bank, Borrower will join Bank in executing one or more such
financing statements pursuant to the Uniform Commercial Code in a form
satisfactory to Bank, and will pay the cost of filing the same or filing or
recording this instrument, as a financing statement, in all public offices at
any time and from time to time wherever Bank deems filing or recording of any
financing statements or of this instrument to be desirable or necessary.
Borrower within five (5) days upon request by mail shall execute,
acknowledge and deliver to Bank a security agreement or other similar instrument
in form satisfactory to Bank, covering all property, of any kind whatsoever
owned by Borrower, which, in the sole opinion of Bank is essential to the
operation of the Mortgaged Property and concerning which there may be any doubt
as to its being subject to the lien of this Mortgage under the laws of the State
of Ohio, and shall further execute, acknowledge and deliver any financing
statement, affidavit, continuation statement or certificate or other document as
Bank may request in order to protect, preserve, maintain, continue and extend
the security interest under and the priority of such security agreement or other
instrument. Borrower further agrees to pay to Bank on demand all costs and
expenses incurred by Bank in connection with the preparation, execution,
recording and filing of any such documents.
15. That Borrower will furnish to Bank:
(a) within sixty (60) days after the end of each of the first three
(3) quarter-annual periods of each of Borrower's fiscal years,
Borrower's balance sheet as at the end of the period and its income
statement and surplus reconciliation for Borrower's current fiscal
year to date, all prepared (but unaudited) on a comparative basis
with the prior year, in accordance with generally accepted
accounting principles in form and detail reasonably satisfactory to
Bank,
(b) as soon as available (and in any event within ninety (90) days
after the end of each of Borrower's fiscal years), a complete copy
of an annual compilation report (including, without limitation, all
financial statements therein and notes thereto) of Borrower for
that year which shall be
(i) prepared on a comparative basis with the prior year, in
accordance with generally accepted accounting principles
(except as disclosed therein) and in form and detail reasonably
satisfactory to Bank,
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(ii) reviewed (without qualification as to generally accepted
accounting principles) by independent public accountants
selected by Borrower and reasonably satisfactory to Bank and
(iii) accompanied by the accountants' management report
relating thereto.
(c) forthwith upon Bank's written request, such other information
in writing about Borrower's financial condition, properties and
operations and about Borrower's employee benefit plans, if any, as
Bank may from time to time reasonably request.
16. That the occurrence of any one or more of the following events
shall be an event of default hereunder.
(a) failure by Borrower to pay the principal sum secured by this
Mortgage or to pay any installment thereof or interest thereon, as
they severally become due or within any grace period applicable
thereto as set forth in the Note; or
(b) failure by Borrower to perform or observe any of the terms,
covenants or conditions in this Mortgage, the Loan Agreement, the
Note, or upon the occurrence of any event of default under any
other instrument executed in connection with or additionally to
secure the indebtedness evidenced by the Note, and the continuation
of such failure for a period of thirty (30) or more days after the
giving of written notice thereof by Bank to Borrower, provided that
if such failure cannot be cured by the payment of monies and cannot
reasonably be cured within thirty (30) days, Borrower shall have a
reasonable time to effect a cure, if curative action is commenced
within said thirty (30) day period and is thereafter pursued
diligently and in good faith to completion; or
(c) if Borrower shall file a voluntary petition in bankruptcy or be
adjudicated a bankrupt or insolvent, or Borrower shall file any
petition or answer seeking or acquiescing in any reorganization,
arrangement, composition, readjustment liquidation, dissolution or
similar relief for itself under any present or future federal,
state or other statute, law or regulation relating to bankruptcy,
insolvency or other relief for debtors, or Borrower's seeking or
consenting to or acquiescing in the appointment of any trustee,
receiver or liquidator of Borrower or of all or any substantial
part of the Mortgaged Property or any or all of the rents,
revenues, issues, earnings, profits or income thereof or the making
of any general assignment for the benefit of creditors, or the
admission in writing of its inability to pay its debts generally as
they become due, or the entry by a court of competent jurisdiction
of any order, judgment or decrees approving a petition filed
against Borrower seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar
relief under any present or future federal, state or other statute,
law or regulation relating to bankruptcy, insolvency or other
relief
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for debtors or the appointment of any trustee, receiver or
liquidator of Borrower or of all or any substantial part of the
Mortgaged Property or of any or all of the rents. revenues, issues,
earnings, profits or income thereof without the consent or
acquiescence of Bank; or
(d) if, without Banks prior written consent, Borrower should
hereafter deed, quitclaim, assign, convey, transfer, sell, sell
under contract of sale, land contract, lease with option to
purchase, dispose of or further encumber the Mortgaged Property, or
any part thereof, or any interest therein, or agree to do so, or
such shall occur by any means, voluntary or involuntary, by
operation of law or otherwise, or if the controlling interest in
Borrower is transferred by sale, assignment, pledge or other
transfer. Failure of Bank to give such prior written consent or to
exercise the aforesaid option provided for in this paragraph shall
not be deemed a waiver of its right to exercise the option at any
other time during which Borrower is in default under the terms of
this paragraph. Consent to one such transaction shall not be deemed
to be a waiver of the right to require such consent to future or
successive transactions.
17. Upon the occurrence of any event of default hereunder which shall
not have been cured within the grace period, if any, applicable thereto, Bank
may exercise any or all or any combination of the rights, powers and remedies
conferred upon or reserved to it under this Mortgage, the Loan Agreement, the
Note or any other instrument supplemental or collateral thereto, or executed and
delivered in connection therewith, now or hereafter existing at law, in equity
or by statute including, without limitation, the following:
(a) Bank may, at its option and whether electing to declare the
whole indebtedness due and payable or not, perform any such term,
covenant or condition which Borrower has failed to perform or
observe without waiver of any other remedy, and any amount paid or
advanced by Bank in connection therewith, or any other costs,
charges or expenses incurred in the protection or operation of the
Mortgaged Property and the maintenance of this lien with interest
thereon at the then applicable rate under the Note shall be
repayable by Borrower upon demand, shall be a lien upon the
Mortgaged Property prior to any right or title to, interest in or
claim thereon attaching or accruing subsequent to the lien of this
Mortgage and shall be deemed to be included in and secured by this
Mortgage; or
(b) at the option of Bank, the whole indebtedness secured hereby
shall become immediately due and payable, although the period for
payment thereof may not have expired, anything hereinbefore or in
Borrower's loan documents contained to the contrary
notwithstanding, and thereupon, Bank may proceed at law or in
equity to collect the entire indebtedness secured hereby and/or
proceed to foreclose this Mortgage as against all or any part of
the Mortgaged Property or otherwise pursue any other right or
remedy herein or by law provided; or
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(c) the Bank may exercise any rights, powers, or remedies it may
have as a secured party under the Uniform Commercial Code as
adopted in the State of Ohio.
18. That Bank, in any suit to foreclose this Mortgage, shall be
entitled to the appointment of a receiver of the rents, leases and profits of
the Mortgaged Property as a matter of right and without notice, with power to
manage and operate the Mortgaged Property, to collect the rents, issues and
profits of the Mortgaged Property due and to become due during the pendency of
such foreclosure suit to and including the date of confirmation of the sale
under such foreclosure and during the redemption period, if any, after such
confirmation, such rents and profits being expressly assigned and pledged as
additional security for the payment of the indebtedness secured by this Mortgage
without regard to the value of the Mortgaged Property or the solvency of any
person or persons liable for the payment of the Mortgage indebtedness, and
regardless of whether Bank has an adequate remedy at law. Borrower for itself
and any subsequent owner waives any and all defenses to the application for a
receiver and specifically consents to such appointment without notice, but
nothing herein contained is to be construed to deprive the holder of the
Mortgage of any other right, remedy or privilege it may now have under the law
to have a receiver appointed. The provision for the appointment of a receiver
and the assignment of such rents, issues and profits is made an express
condition upon which the loan hereby secured is made. The rights and remedies
herein provided for shall be deemed to be cumulative and in addition to, and not
in limitation of, those provided by law.
19. That the mailing of a written notice or demand, addressed to the
owner of record of the Mortgaged Property, directed to the owner at the last
address actually furnished to Bank, or directed to said owner at the Mortgaged
Property, and mailed by United States mail, certified or registered, return
receipt requested, shall be sufficient notice and demand in any case arising
under this instrument and required by the provisions hereof or by law.
20. That all the covenants hereof shall run with the land.
21. That failure of Bank to exercise the option for acceleration of
maturity and/or foreclosure following any event of default as aforesaid or to
exercise any other option granted to Bank hereunder in any one or more
instances, or the acceptance by Bank of partial payments hereunder shall not
constitute a waiver of any such default nor extend or affect the grace period,
if any, but such option shall remain continuously in force. Acceleration of
maturity, once claimed hereunder by Bank may, at the option of Bank, be
rescinded by written acknowledgment to that effect by Bank, but the tender and
acceptance of partial payments alone shall not in any way affect or rescind such
acceleration of maturity, nor extend or affect the grace period, if any.
PROVIDED, ALWAYS, NEVERTHELESS, if Borrower shall pay all of the
indebtedness and shall fully keep and perform all of the terms, covenants and
conditions by Borrower to be kept and performed herein and in the Note
contained, then this Mortgage shall be void and shall be released by Bank, at
the cost and expense of Borrower; otherwise this Mortgage is to be and shall
remain in full force and effect.
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ALL OF THE COVENANTS herein contained are joint and several and shall also bind,
and the benefits and advantages thereof shall also inure, to the respective
heirs. executors, administrators, successors and permitted assigns of the
parties. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
IN WITNESS, this Mortgage has been executed in Toledo, Ohio this 7th
day of July, 1998.
Signed and Acknowledged UNITREND, INC.
in the presence of: (an Ohio corporation)
(WITNESS SIGNATURE) BY:
(PRINT WITNESS NAME) XXXXXX XXXXXXXX, PRESIDENT
(WITNESS SIGNATURE)
(PRINT WITNESS NAME)
98 2622C10
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STATE OF OHIO )
) ss.
COUNTY OF XXXXX )
BEFORE ME, a Notary Public in and for said County and State, personally
appeared Xxxxxx Xxxxxxxx as President of the above-named corporation, Unitrend,
Inc., who acknowledged that he did sign the foregoing instrument for and on
behalf of said corporation, by authority of its Board of Directors, and that the
same is the free act and deed of the corporation and his free act and deed
personally and as such officer.
IN TESTIMONY, I set my hand and official seal, this 7th day of July,
1999.
Xxxxx X. Xxxxxxxxx
------------------
Notary Public
Xxxxx X. Xxxxxxxxx
Notary Public State of Ohio
My Commission Expires 6-26-2001
This instrument was prepared by Bank.
RECEIVED & RECORDED
Jul 07 1998 3:48 PM
XXX XXXXX
RECORDER, XXXXX COUNTY OHIO
98 2622C119
