200003380 - Laserfiche WebLink

Browse

200003380 N. Further Encumbrances of the Collateral. Section 2.32 Mortgagor covenants and agrees that should Mortgagor further mortgage or encumber the Collateral or any part thereof, in any way, without the written consent of Mortgagee being first obtained or if such mortgage or encumbrance be accomplished by operation of law, then Mortgagee shall have the right, at its option, to declare all sums secured by this Mortgage immediately due and payable provided, however, that if any mechanics' or construction liens shall be filed against the Collateral or any part thereof by reason of work, labor, services or materials supplied or claimed to have been supplied on or for the Collateral, Mortgagor shall have thirty (30) days after notice of the filing thereof or the assertion thereof in which to cause the same to be discharged of record or otherwise to take proper action effectively to prevent the enforcement thereof against the Collateral or any part thereof by contest, payment, deposit, bond, order of court or otherwise. O. Covenant of Mortgagor with Respect to Proprietary Rights. Section 2.33 Mortgagor covenants that there are no patent, copyright, trade secret, design or other similar rights which it claims with respect to the Collateral or any part thereof and hereby irrevocably waives any such right, which it may now or hereafter acquire, any right to claim damages or other relief based upon infringement thereof in the event that Mortgagee or any purchaser upon foreclosure or other successor owns and operates the Collateral or any part thereof as a food processing or storage facility at any time in the future. Section 2.34 Right to Provide for Substitution of Collateral. Mortgagor shall observe, perform and comply with all of the covenants, agreements, representations and warranties contained in Section 24 of the 2000 Note Purchase Agreement, which are incorporated into this Section 2.34 by reference as if fully set forth herein. Section 2.35 Americans With Disabilities Act. (a) The Mortgagor represents, warrants and agrees that, at the Mortgagor's expense: (i) Improvements, including shell structure, building interior and exterior common areas, core conditions and leasehold conditions conform to all applicable legal requirements, including, without limitation, the requirements of Title III of the Americans with Disabilities Act (including the regulations adopted thereunder) ( "ADA "); and (ii) any modifications required to the Improvements due to the non - conformity of the Improvements to the requirements of the ADA regarding the Mortgagor's disabled employees or access by disabled members of the public, including, 2000 MORTGAGE (Grand Island, Nebraska) `91