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Pantry, Inc., to Pathway Bank, howsoever created or arising, whether primary, secondary or contingent <br />together with any interest or charges provided in or arising out of such indebtedness, as well as the <br />agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to <br />as the "Indebtedness "). Secured debt includes. but is not limited to, the following: Promissory Notes <br />dated June 22, 2015 in the amounts of 5550,000.00 and S434,400.00 and any renewals, extensions or <br />modifications. <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future <br />advances as if such advances were made on the date of this Security Instrument regardless of the fact that <br />from time to time there may be no balance due under the note and regardless of whether Lender is obligated <br />to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred, except any obligation <br />existing or arising against the principal dwelling of any Grantor. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants <br />of this Security Instrument and Related Documents in accordance with the terms contained <br />therein. <br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor <br />is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, <br />convey and assign the Property. Grantor covenants that the Property is unencumbered and free of <br />all liens, except for encumbrances of record acceptable to Lender. Further, Grantor covenants that <br />Grantor will warrant and defend generally the title to the Property against any and all claims and <br />demands whatsoever, subject to the easements, restrictions, or other encumbrances of record <br />acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of <br />title or title insurance policy insuring Lender's interest in the property. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property <br />and every part thereof in good repair, working order, and condition and will from time to time, <br />make all needful and proper repairs so that the value of the Property shall not in any way be <br />impaired. <br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property <br />from its present location, except for replacement, maintenance, and relocation in the ordinary <br />course of business. <br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on <br />or in connection with the Property. Further, Grantor shall make no material alterations, additions <br />or improvements of any type whatever to the Property, regardless of whether such alterations, <br />additions or improvements would increase the value of the Property, nor permit anyone to do so <br />except for tenant improvements and completion of items pursuant to approved plans and <br />specifications, without Lender's prior written consent, which consent may be withheld by Lender <br />in its sole discretion. Grantor will comply with all laws and regulations of all public authorities <br />having jurisdiction over the Property including, without limitation, those relating to the use, <br />occupancy and maintenance thereof and shall upon request promptly submit to Lender evidence of <br />such compliance. <br />Due on Sale — Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose <br />of, except as herein provided, any or all of its interest in any part of or all of the Property without <br />first obtaining the written consent of Lender. If any encumbrance, lien, transfer or sale or <br />agreement for these is created, Lender may declare immediately due and payable, the entire <br />balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as <br />may within the sole discretion of Lender be acceptable, causing Lender to be named as loss payee <br />or if requested by Lender, as mortgagee. The insurance company shall be chosen by Grantor <br />subject to Lender's approval, which shall not be unreasonably withheld. All insurance policies <br />must provide that Lender will get a minimum of 10 days notice prior to cancellation. At Lender's <br />discretion, Grantor may be required to produce receipts of paid premiums and renewal policies. If <br />Grantor fails to obtain the required coverage, Lender may do so at Grantor's expense. Grantor <br />hereby directs each and every insurer of the Property to make payment of loss to Lender with the <br />proceeds to be applied, only at Lender's option, to the repair and replacement of the damage or <br />loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge <br />liens, encumbrances, taxes, assessments, lease payments and any other charges relating to the <br />Property when levied or assessed against Grantor or the Property. <br />Page 2 of 5 <br />Initials <br />201504212 <br />