202043626 Flua1 0111 PARISH OF JEFFERSON STATE OF LOUISIANA Tm: Muunru lml'mmut Mon-mum comm>> mmumm or um; um Runs, 5mm (an: "Mom-gr) in mud: bafm in undmipwd hath: bum-I by: mm mm." . . pm" om: mu <2020-33625 Page 2 til 21 CERTIFICATE or AUTHORITY (1v CAPITAL, L.L.C.) (JENNIFER MEDLEY) l, Sidney D. Tones, IV. do hereby certify, represent and warrant that I am the duly authorized Presidenthanager (?Manager") of IV Capital, L.L.C. Capital"), and that lam duly authorized and have full authority to act on behalf of IV Capital, and to delegate my authority to Lisa Sohehr, and I do hereby authorize Lisa Schehr, as Authorized Representative of Capitol, to sign any and all documents in connection with Capital?s loan to Jennifer Medley (the ?Borrowcr?). dated September 2020 (the ?Loan?), seemed by one certain Multiple Indebtedness Second Priority Mortgage, Collateral Assignment of Leases and Rents. and Security Agreement dated September 2020 by the BorrocrrerI bearing on the property described on Exhibit attached hereto and made 3 part hereof, and to execute any other document in connection with the granting of the Loan, including amendments, modi?cations, ellonges, guarantees and additional collateral security documents in favor of Capital, its successors and assigns, on such terms as andlor Lisa Schehr, acting alone, may in our discretion deem properand advisable l?rr'?reroer?fythetLand Lisa Schehr, Authorized Repmm?dvgeachactingalone, 1. sign any and all acts and documents that maybe necessary to carry out the 2. mnemyand all acts and deeds incidenteltothe authority granted hereines each of us, acting alone, may, in our sole and exclusive discretion, deem rlti?dlrdeorr?rmed These Am shall not act to Supersede any prim Au?rorizations of IV Capital. said prioerthoriutionetoremain in ?rll foroeande?'ect. rely on thiseerti?cetion of the President/Manager of 1V Capital thatl, Representative, eechacting alone, have the full authority toeet for full compliance with, theArtides thatlamthe President and Manger of IV Capital. IV CAPITAL. C. By: Sidney D. Tone IV, President/Manager Date: 0 2020-33625 Page 3 of 21 EXHIBIT ONE CERTAW LOT OF GROUND, together with all the buildings and improvements thereon and all the appurtenances thereunto belonging, situated in the FIRST DISTRICT of this City, in SQUARE ND. 830, hounded by Bemadotte, St. Patrick. Banks and Baudin Streets. According to a blue print of surveybyE.C.Kelly Surveyor, dated July2t}, 1923.3nnexedtomect passed before WM. Gurley, Notary in this City, on July 28, 1925, said LOT is designed by the letter and lies at a distance of ninety-four feet, ?ve inches and one line from Beudin and Bernadette Streets and measures thence, thirty-three feet, six inches front on Baudin Street, by a depth of one hundred and six feet, seven inches between equal and parallel lines. The improvements thereon bear the Municipal No. 4725-27 Baudin Street, New LA 70119. Being the same property acquired by Jennifer Medley by not dated Fehnlary 9, 2007. registered at CIN 338932. and further by not dated April 30, 2020, registered at CTN 673532 in the records of Orleans Parish Lot?siana. THE PARTIES HERETO TAKE COGNLZANCE OF THE FOLLOWING WITHOUT THE WENT 0F CREATMG, REMOSWO OR EXTENDING SAME: Resu'ictive covenants, street dedications. servitudee. easements, rights of way, building set back lines, the of?cial plan of subdivision. any mineral lights leased, grantederretainedhy cm'rentorpriorowners,and any matterregisteredorreeorded intheo?icinl recordsofthe parishinwhich theaboveducn'bed propertyisloeeted._ Page 2 2020-33525 Page 4 cf 21 has granted. bargained. mortgaged. pledged. con?rmed. assigned. transferred. granted a continuing security interest in and set-over. and by these presents does grant. bargain. mortgage. pledge. con?rm. assign. transfer. grant a continuing security interest in and set-ever unto Mortgagee, its heirs. successors and assigns, all of Mortgagor?s right. title and interest. now owned or hereafter acquired. in and to the property described on Exhibit attached hereto and made a part hereof {the ?Mortgaged Premises") TOGETHER WITH: A. any and all present and ?ance buildings. other constructions. component parts. improvements, attachments. appurtenances. ?xtures and other improvements and items. of every type and description. now andlor in the future on. attached to. associated with. related to. contiguous to or forming a component part of. the Mortgaged Premises; all right. ti tie. and interest of the Mortgagor in and to all streets. roads and public places. opened or proposed. adjoining the Mortgaged Premises. and all servitudes. easements and rights oi?way, public or private. now or hereafter used in connection with the Mortgaged Premises; all right. title. and interest of the Mortgagor. now owned or herea?er acquired, in and to any land lying in the bed of any river. stream. bayou, canal or waterway and in the bed of any street road, avenue. or alley. open or proposed, in front of or adjoining the Mortgaged Premises to the extent of the interest of the Mortgagor therein. now or hereafter acquired; all right, title. and interest ofthc Mortgagor. now owrted or herea?er acquired. in and to any and all sidewalks and alleys, and all strips and gores ol'land, adjacent to or used in connection with the Mortgaged Premises: and all right. title. and interest of the Mortgagor in and to other agreements between the Mortgagor and third parties relative to the Mortgaged Premises (all of the foregoing being hereinafter referred to collectively as the ?Improvements"); and B. all right. title. and interest of the Mortgagor. now owned or herea?er acquired. in and to: (1) all ?ttings. appliances, apparatus. equipment. machinery. fin-nitrite, futures. chattels. building materials and other articles ofeorprnul movable property of any kind or centre. together with all replacements thereof. substitutions therefor andaddlticns and accession thereto. now. or at any time herea?er. a?ixed orattached to or?acedupon, orused in any way in connection with the use. enjoyment. operation. maintenance and omupancy of the Mortgages] Premises; (2) all inventory of the Mortgagor vrlreraver located; (3) all other goods of the Mortgagor; (4) all accounts. receipts. revenues, income (including investment income) and other money received by oron behalfofthe Mortgagor derived ?'omtheoperation crowneubip of the Mortgaged Prunises. and including. without limitation. rental income, and any inninnce proceeds and condemnation awards. and all rights to receive the same whether in the form of accounts receivable. general intangibles. contract rights. chattel paper or instruments; and (5) all other movable property and all rights and things of value of kind and me, corporeal or incorporeal. absolute or contingent. equal or equitable. and regardless of whether or not the provisions of Section 10:9- 101. et seq. ofthe Louisiana Revised Statutes. also lo'rown as the Louisiana Uniform Commercial Code - Secured Transactions. (the ?Uniform Commercial Code") are applicable thereto, including without limitation: all healer and records. ledger and account cards, computer tapes and programs. software, dlalts. printouts and records, whether new in existence or hereafter created. of the Mortgagor; (ii) all rights (including without limitation rights to payment) of the Mortgagor under govemmental contracts, to the extent the same may be law?rlly assigned or a security interest therein law?rlly granted; all certi?cates of need. licenses. permits. approvals. authorizations. consents. orders or rights. obtained or hereafter obtained. including without limitation those bene?ting or permitting the construction. use or operation of the Mortgaged Premises or any part thereof; (iv) all liens, security interests. mortgagee. security. warranties. guarantees. sure?es, payment bonds. performance bonds. insurance policies. maintenance, repair or replacement agreements, and other contractual obligations of any contractor. subcontractor. surety. guarantor. manufacturer, dealer. laborer. supplier or materialman. with respect to the Mortgaged Premises; all causes ct'action. goodwill. trade names, franchises, tax re?rnd claims. rights and claims against carriers and shippers and all rights to indemni?cation of the Mortgagor; (vi) all plans. speci?cations and drawings relating to the Mortgaged Premises; and (vii) all claims. rights. powers or privileges and remedies relating to the foregoing or arising in connection drerewith including. without limitation. all rights to make determinations. to exercise any election (including. but not limited to. election of remedies) or option or to give or receive any notice. consent. waiver or approval (all property described in clauses (1) through and all proceeds thereof} being hereinafter referred to collectively as the "Personal Property"); and C. to the extent not included in the Improvements. all rights of ways. privileges. advantages. batture and batrure rights. servitudes. easernents. reversionary rights. remainders, rents. issues. and pro?ts arising or issuing from. or related to. the Mortgaged Premises. the Improvements or the Personal Page 2 or IE 2020-33625 Page 5 0121 Property. including. but not limited to, the rents, issues and pro?ts arising or issuing from all insurance policies. sale agreements. licenses. Options. leases and subleases now or herea?er entered into covering any part of the Mortgaged Premises. the Improvements andlor the Personal Property (all of the foregoing being hereina?er referred to collectively as the ?Ineorporealr?j; and D. all awards. damages, payments and other compensation. and any and all claims therefor. and all rights thereto. in any way pertaining to the Mortgaged Premises. the Improvements andlor the Personal Property. including, but not limited to, any and all awards. damages. payments and other compensation. and any and all claims therefor. and all rights thereto. which may result from taking or ian by virtue of the exercise of the power of eminent domain of, or any damage. injury or destruction in any manner caused to. the Mortgaged Premises. the improvements andlor the Personal Property, or any part thereof, or from any change of grade or vacation of any street abutting thereon (all of the foregoing being hereinafter referred to collectively as the I?Cluinrs?j. The Mom Premises. the Improvements. the Personal Property. the lncorporeals and the Claims being hereinafter referred to collectively as the ?Mortgaged Property." This Mortgage shall secure the Obligations up to and including the aggregate amount of FIFTY MILLION AND NOIIOD assortment) DOLLARS. This Mortgage secures. without limitation, all principal. rent payments. interest, delinquency and default charges. service charges, and any and all advances or disbursements made by Mortgages for the payment of taxes, assessments. maintenance, care. protection. or insurance on the Mortgagcd Property. with interest on such disbursements. The grant of this Mortgage on the Mortgaged Premises is subject only to the following (collectively. the "Permitted Encumbraneea"): ?fhis Mortgage or liens or encumbrances arising hereunder; Statutory liens for ad valorem taxes; Mortgage by Jennifer M. Medley in favor of NEWREZ LLC dated April 30. 2020, in the amount of registered at MIN 1330454 in the records ofOrleana Parish, Louisiana. Judgment against Jenni fer M. Medley in favor of Bank of Louisiana in the amount of $9,782.99 dated March 14. 2014. registered at MIN 1154085 in the records of Orleans Parish. Louisiana. (is) Assigrunent of Mortgage by Bank of America, NA. to FNMA dated January 14. . 2014. registered at 1149792 in the records of Orleans Parish, Louisiana. Mortgage by Jennifer M. Medley in favor of Bank of America, NA. dated April 23. 2013. in the amount of $1 19,047.00, registered at MIN 1122.527 in the records of Orleans Parish. Louisiana. The foregoing does not reinstate or reirupose those that have been prescribed or otherwise lapsed. at all times. until the Obligations are fully paid, satis?ed and performed and this Mortgage is canceled by Mortgages, Mortgagor covenants. promises. and agrees with Mortgages as follows: CLE 1 WW SECTION 1.1 ?mgnai Fromm. Except as otherwise permitted under this Mortgage. Mortgagor represents and warrants that the Personal Propeny. the Incorporeals and the Claims are and will be owned by Mortgagor free from any prior conditional sales, chattel mortgages. security interests. liens. privileges and other encumbrances and are intended to be subject to the mortgage, security interest. lien and other rights, of and under this Mortgage (all of such mortgage and security rights. interests and encumbrances granted hereunder to Mortgage: being sometimes herein individually. collectively and interchangeably referred to as the "lien of this Mortgage") as it" part of the immovable property. Pig: 3 of II 2020-33625 Page 5 of 21 SECTION 1.2 This Mortgage constitutes a security agreement underthe Uniform Commercial Code and creates a security interest in the improvements. the Personal Property. the Incorporeals and the Claims and all such other property (and the proceeds and products thereon included in the Mortgaged Property which might otherwise be deemed movable property. Mortgagor hereby authorises Mortgages to execute, deliver. ?le and re-?le. any and all ?nancing statements. amendments, continuation statements. or other security agreements which may be deemed by Mortgagee. in its sole discretion, to be necessary or required from time to time to conform the lieu of this Mortgage with respect to such property. Without limiting the foregoing Mortgagor hereby irrevocably appoints. and authorizes, Mortgagee and each ol?hislhen?its of?cers employees and other agents. as Mortgagor' attorney?in- -fact to execute. deliver and ?le. such for and on behalf of Mortgagor. Notwithstanding any release of any or all of that property included' or the Morlgaged Property or any proceedings to foreclose this Mortgage, the terms hereof shall survive as a security agreement with respect to the security interest created hereby and referred to above to the extent that the Personal Property. the Incorporeals audios the Claims have not been so released or have not been conveyed pursuant to such foreclosure, until the full repayment and of the Obligations SECTION 1-3 Murmur do? hereby pretends. unconditionally. and absolutely pledge. convey. transfer, assign. and set over unto Mortgages all of Mortgagor's right. title. interest and privilege in. to and under all leases. rents. income. pro?ts, and othersumsdue orto become dueinconneetionwith any leases noworherea?era?'eetingthe Mortgaged Property. together with all security deposits. payments in lieu clean: and guaranties of payment or performance of any lessee?s obligations under such leases. Notwithstanding any provision herein to the contrary. this pledge and assignment is intended to be an absolute pledge and assignment from Mortgagcr to Mortgagee. including without limitation. pmsuant to the provisions ofLa. KS. 9:440]. et seq. andpura'lram to thepro'visiorul ofthe UniformCommereial Code a may be applicable. mm raxes.assessments. governmental charges, payments in lieu of any of the hegomggeuerllorapedahordinary. or exnaordinary. foreseen or turforeseen. ofany kind and nanuewhatsoeveamhleh are or mayhave Mortgaged Property. or anypartthereof. byany lawful authority. orwbiehmaybecomealien thereon. SECTION 12W. Mortgagor covenants and agrees to pay to Mortgagee all payments provided under the Obligations. and o: principal and interest on every other obligation secured hereby without deduction or credit forany amount for taxes unused or to be assessed against the Mortgaged Property. SECTION 1.3 ?ight to Egg lfMortgagor should fail to timely pay and discharge the amounts as required in this Article II. or any part thereof as herein required. Mortgagee may. at its option. but shall be under no obligation to do so. pay all or part of such amounts. and Mortgagor will repay to Mortgages on demand any such amounts so paid. with interest thereon at the rate set forth in Section hereof. and the same shall be secured by this Mortgage. ARTICLE we SECHON 3.1 govegges. So long as this Mortgage remains in effect. Mortgage: shall. at its sole cost. keep audio: cause others. at their expense. to keep the Mortgaged Property constantly insured against loss by ?re. by hazards included with the term ?extended coverage,? and by such other hazards (including ?ood insurance. where applicable) as may be required by Mortgage-e. Such insurance shall be in an amount not less than the full replacement value of the Mortgaged Property. or such other amount or amounts as Mortgages may require or approve in writing. Mortgagor shall huther provide and maintain. at its sole cost and expense. comprehensive public liability insurance. naming both Mortgagor and Mortgages as parties insured. protecting against claims for Pagetol'll 2020-33325 Page 1' of 21 bodily injury. death andr'or property damage arising out of the use. ownership. occupancy. possession. operation and condition of the Mortgaged Property. and ?u'ther containing a broad ion-n contractual liability endorsement covering Mortgagor's obligations to indemnify Mortgages as prayided hereunder. Mortgagor may purchase such insurance from any insurance company or broker that is acceptable to Mortgages. provided that such approval may not be urueasonably withheld. All such insurance policies. including renewals and replacements. must also be in form and substance acceptable to Mortgages. and must additionally contain a lender's loss payee endorsement in favor of Mortgages. providing in part that all proceeds and returned premiums under such policies ofinsirrance will be paid directly to Mortgages. and no set or omission on the part of Mortgagor. or any of its members, managers. directors. of?cers. agents. employees or representatives. nor breech of any warranty contained in such policies, shall affect the obligations of the insurer to pay the full amount of any loss to Mortgagee. Such policies of insurance must also contain a provision prohibiting cancellation or the alteration of such insurance without at least thirty (30) days? prior written notice to Mortgagee ofsuch intended cancellation or alteration. Mortgagor agrees to provide Mortgages with originals or certi?ed copies of such policies of insistence. Mortgagor ?rrlher agrees to furnish Mortgages with copies of all renewal notices and. ifrequestcd by Mortgages with copies oi'r'eceipts for paid premiums. Mortgagor shall provide Mortgagce with originals or certi?ed copies of all renewal or replacement policies of irrsuranoe no later than ?fteen (l 5) days before any such existing policy or policies should expire if Morlgagor?s Insurance policies and renewals are held by another person. Mortgages agrees to supply original or certi?ed copies of the same to Mortgages within the time periods required above. SECTION 3.2 oflnpurance. Mortgages agrees to immediately notify Mortgages in writing of any material casualty to or accident involving the Mortgagcd Property, whether or not such malty or loss is covered by insurance. Mortgagor ?uther agrees to notify immune company and to submit an appropriate claim and proof of claim to the insurancecomlrany inthe event that any of the Mortgagcd Preperty' rs lost. damaged, or destroyed usm?tofanyinsuredhamd. insurance company on Mortgagor? behalf. should Mortgagor fail to do so for any reason. Mortgagor hereby irrevocably appoints Mortgagee, and each of us of?cers. employees and other agents, as Mortgages? agent and attorney-infect. such agency being coupled with an interest. to make. settle md adjust claims under such policy or policies of that unless one or more events defatdt exist Inderthis Mortgage. Mortgages will not settle or adjust any such claim without the prior approval ofMortgagor (which approval shall not be unreasonably Withheld). Mongagce shall have die tightl to directly receive the proceeds of all in?uence protecting the Mongaged Property. die ovum that Mortgagor should receive any insurance proceeds, Mortgagor Mortgages. All insurance proceeds may he applied, at sole option and discretion. and in such a manner as Mortgages: may determine (after payment of all reasonable costs. espouse: and attorney?s fees necessarily [lid or fees necessarily paid or incurred by Mortgages in this connection], for the purpose of: repairing or restoring the lost. deranged or destroyed Mortgaged Property; or reducing the then outstanding balance of the Obligations and any additional advances that Mortgagee may have made on Mortgagor's behalf. together with interest thereon. Mortgagee?s receipt of such insurance proceeds and the application ofsueh proceeds as provided herein shall not, however. a?ect the lien of this Mortgage. Nothing under this section shall be deemed to excuse Mortgagcr from its obligations to repair. replace or restore any lost or damaged Property, whether or not the same may he covered by insurance. and whether or not such proceeds of insurance are available, and whether such proceeds are suf?cient in arnouru to complete such repair. replacement or restoration to the satisfaction of Mortgagee. urdess otherwise con?rmed by Mortgagee in writing. the application or release of any insurance proceeds by Mortgagee shall not be deemed to cure or waiva any Event of Default under this Mortgage. SECTION 3.3 ?ights in Policies Upon Qefault. Ii'Mortgagee shall acquire title to the Mortgaged Property either by virtue of a deed in lieu of foreclosure or a judicial sale thereof pursuant to proceedings under the Loan Documents or this Mortgage. then all of Mortgagor's estate. right. title. and interest in and to all such policies. including unearned premiums thereon and the proceeds thereof. shall vest in Mortgages. SECTION 3.4 Mortgagce?g ?ight to Obtain insugance. If Mortgagor shall fail to procure. pay for. and deliver to Mortgagce any policy or policies of insurance andr?or renewals thereof as required in this Article Mortgages may at its option. but shall be under no obligation to do so. Page 5 of 2020-33525 Page a of 21 client such insurance and pay the premiums therefor. and Mortgagor will repay to Mortgagee on demand any premiums so paid. with interest Il'rcreon at the rate set forth in Section hereof. and the same shall be secured by this Mortgage. ARTICLE IV HAL REPRE IONS NT OF SECTION 4.1 a :1 Pa aneen 0 ii a 'on . Mortgagor shall pay and perfonn the Obligations. including all some now or herea?er due Mortgages under the terms hereof. together with all interest thereon. punctually as and when the same shall become due or otherwise performable. time being of the essence. Mortgagor will observe and perform all of the terms. provisions. conditions. covenants. and agreements on the part of Mortgagor to be observed and performed under the Loan Documents (including this Mortgage} and all other documents evidencing the Obligations. SECTION 4.2 MW. Mortgage: warrants and covenants that it is the owner in fee simple of the Mortgaged Property and has good and marketable title to the Mortgaged Property. is law?rlly authorized to mortgage and encumber the Mortgaged Property as provided herein. and has not created and will- not create any liens or encumbrances on the Mortgaged Property other than this Mortgage and the Permitted Encumbranoes. Mortgagor covenants to warm and defend the title to the Mortgaged Property unto Mortgagoe against all persons and all claims ofevery kind or neon-e. SECTION 4.3 ltera diti ova . Except for alterations oradditions made in the normal course of operations of the Mortgaged Property, and (ii) construction of: building and improvements on the Mortgaged Property currently planned in connection with the pmpose of the Debt de?ned herein. Mortgagor will not make any structural alterations or any additions to the Mortgaged'Property or cause or permit any building. structure. inrprovement or other property now orhereafter covered by the lien ofthis Meagage to be removed or demolished in 1?th or in part. or any Personal Property comprising part of the Mortgaged Property to be removed. severed or destroyed. All alterations and additions shall become part of the Mo?gaged Property subject to the lien of this Mortgage. Mortgagor will not abandon or cause or permit any ?late to the Mortgaged Property. SECTION 4-4 breadth?animate Monsasor will permit Mons-see Ind Mortgage-3?s representatives to enter the Mortgaged Property at remonable times to inspect be same. Such right of access shall include. without limitation. the right to enter upon the Mortgaged Premises to conduct such tests. analyses. environmental assessments. in?ections. and boring: as Mortgagee may deem advisable, in its sole discretion. in case of any breach or default under this Mortgage or of any of the other Obligations. Mortgagee may at its option enter the Mortgaged Property to protect. restore or repair any part thereof, but Mortgagee shall be under no obligation to do so. Mortgager will repay to Mortgagce on demand any sums paid by Mortgagee to promot. restore. or repair any part of the Mortgages! Property. with interest thereon at the rate set forth in Section 4.7. and the same shall be secured by this Mortgage. SECTION 4.5 N2 Igmfer of Papegy Mg?gagor. Mortgagor shall not by deed. mortgage. pledge, grant a servitude or easement or other instrument gram. mortgage. pledge. convey. assign. devise. or otherwise transfer or encumber all or any part ofthe Mortgaged Property or any interest therein. directly or indirectly. nor shall Mortgagor suffer or pennit such comrcyance. assignment. or transfer by execution sale or operation of law or otherwise without the Written consent of Mortgagee. SECTION 4.6 E9 Set-0m. Mortgagor represent: to Mortgagee that it has no knowledge of any set-offs. recoupments. counterclaims or defenses to the payment and performance of the Oingations either at law or in equity. SECTION 4.7 Payment of gusts and of Mortgages. Mongagor shall pay upon demand. with interest thereon at the maximum default rate of interest permitted by applicable law, including, without limitation. La. ES. 9:3509. which default rate is 18% per annurn. all Page 6 or II 2020-33625 Page 3 of 21 expenses and costs incurred by Mortgages. including reasonable attomeys? fees and expenses in connection with the administration of the Debt. and any renewals, modi?cations or extensions of the Debt. and in connection with any action. proceeding. litigation or claim instituted oratserted by or against Mortgages. or in which Mortgages becomes engaged. wherein it becomes necessary in the sole opinion ofMongagce to collect or othchise enforce the Obligations or to defend or uphold the lien of this Mortgage, or the validity or effectiveness of any assignment of any claim, award. payment, insurance policy or any other right or property conveyed. encumbered or assigned by Mortgagor to Mortgage: hereunder. or the priority of any of the same. and all such expenses and costs. and interest thereon. may he added to and become part of the principal indebtedness of Mortgagor hereunder. shall constitute part of the Obligations and be secured in all respects hereby. SECTION 4.8 W. In the event of the passage alter the date of this Mortgage of any law of the State or any other governmental entity changing in any way the laws now in force for the taxation of mortgages, or debts secured thereby. for state or local purposes. or the narrator of the operation ofany such taxes. so as to affect the interest ofMortgagee, then and in such event. Mortgagor shall bear and pay the ?rll amount of such taxes; provided that. if for any reason payment by Mortgagor of any such new or additional taxes would be unlaw?rl or if the payment thereof would constitute usury or render the loan or indebtedness secured hereby wholly or partially unu'ious tarder any of the terms or provisions of the Obligations, or otherwise. Mortgagee may. at Mortgagee's option. declare the whole sum secured by this Mortgage. with interest thereon, to be due and payable sixty (60) days after notice thereof. or Mortgages may, at Mortgagee's option, pay that amount or portion ofsueh taxes as renders the loan or indebtedness secured hereby unlaw?rl or usurious. in which event Mortgagor shall concurrently therewith pay the restraining law?rl and non-usurious portion or balance ot'said tastes. SECTION 4-9 W- Except for Permitted Mortgageswill not createea'au??ertobeereated anysecurity interest underlhe UniformComer-cial Mortgagee.or Mortgaged Property. Mortgages will deliver-to on demand any contracts, bills of sale. statements. receipted vouchers. or smoothest, under which Mo?gagor claims title to any Personal Property incorporatedinthe improvementaoraulrlecttothe liu ofthia Mortgage. SECTION 4-10 W- Marta-sm- shall a its was pmmpuy upon request ofMortgagce: do all acts and Ilalrrga, including, but not limited to. the execution ofaay eon?nnmaintainandcontinue thelieuercatedsnd madeoriotendedto ben'rade mtheretoandall conferred orintonded to beconforred on Mortgage hereby. and Mortgages shall pay all costs in connection therewith. including all ?ling and recording costs. cost ot?aearches. and Mable attomeys' fees incurred by Mortals?: and ?nish Mortgage: with a written certi?cation signed by Mortgagor. oran o?iccr ofMortgagor on Mortgages?: behalf. as to all then existing leases forspace covering any part oftheMortgaged Property. if any. the names of the tenants. the rents payable thereunder and the dates to which such rents are paid. together with executed copies of all such leases SECTION 4.11 mm. Mortgagor will perform and observe. or cause to be performed and observed, all of the terms. covenants, and conditions of all instruments of record affecting the Mortgagcd Property. non-compliance with which may affect the security of this Mortgage, or which may impose any duty or obligation upon Mortgage: or other occupant of the Mortgaged Property or any part thereof. non-compliance with which may a??ect the security of this Mortgage. and Mortgagorshall do or cause to be done all things necessary to preserve intact and unimpaired any and all servitudes. easements. appurtenances. and other interests and rights in favor of or constituting any portion of the Mortgaged Property- SECTION 4.12 Agar-glut. Mortgagor covenants and agrees that Mortgages may request an appraisal or reappraisal of the Mortgaged Property at any time that any part if the Debt. Obligations or other indebtedness is outstanding. Should the appraisal or reappraisal of the Mortgaged Property occur. whether to evaluate the loan to value ratio. (ii) to comply with the appropriate regulatory requirements. or otherwise. Mortgagor agrees to pay the fees and casts of such appraisal or reappraisal or to reimburse Mougagee for the fees and costs thereof. Mortgagor shall maintain a loan to value ratio of at least 75% at all times as long as this mortgage is in place. Page'tot'll 2020-33625 Page 10 of 21 SECTION 4.13 W- Mortgagor and any and all Guarantors of the Debt and Obligations agree to provide IV Capital. LLJC. (its successors and assigns} with such ?nancial statements and other related information at such ?'equcncies and in such detail as Capital. L.L.C. (its successors and assigns) may reasonably request. SECTION 4.14 Egglrogmegtal Matter-a. To the best ofMortgagor?s knowledge, none of the Mortgaged Property has ever been used by previous owners. lessees andfor operators to re?ne. produce, store, handle, transfer, process, or transport hazardous substances, and Mortgagor has not in the past, nor does Mortgagor intend in the future, to use the Mortgaged Property for the purpose of re?ning, producing. storing, handling. transferring, processing, or transporting hazardous substances. Mortgagor has not received. and within ?ve business days of receipt shall notify Mortgagee in writing of, a summons, citation. directive, letter or other communication. written or oral, from any applicable governmental agency concerning: any intentional or unintentional action or omission on Mortgagor's part resulting in the releasing, spilling, leaking. pumping. pouring. emitting, emptying or dumping, ofhazardous substances. into the waters or onto the lands of Louisiana. or into the waters outside the jurisdiction of Louisiana resulting in damage to the lands, stators. ?sh, shell?sh, wildlife, biota. air or other resources owned. managed, held in trust or otherwise controlled by Louisiana; or (ii) any violation of any applicable local, state, or federal environmental law or applicable rules and regulations promulgated by any governmental environmental authority or agency. Mortgagor shall operate the Mortgaged Property orcause it to be operated in compliance in all material respects with all applicable local. state, and federal envirorunental laws and all applicable rules and regulations promulgated by all applicable governmental environmental authorities and omelet: (each an ?Environmental Law" and collectively the ?Environmental Laws"). Mortgagor shall have the right in good faith to contest or appeal such laws. ordinances. and regulations and any decision adverse to Mortgagor based thereon, but all costs, fees. and expenses incurred in connection with such proceedings shall be home by Mortgagor. Mortgage-r shall not ?use or permit to artist, as a result of an intentional or unintentional action or omission on its part, a releasing. spilling, leaking, pumping, emitting, pouring, or drooping, afa hazardous substance into of Louisiana or onto the lands from which it might ?ow or drain into said waters, or into waters outside the jurisdiction of Louisiana where damage may result to the lands, waters. ?sh, shell?sh wildlife. biota, air or other resources owned, managed, held in trust or otherwise controlled by Louisiana unless said release, spill. leak. pumping. emitting, pouring, emptying. or drooping is pursuant to and in compliance with the conditions of a permit issued, or otherwise authorized, by the apprOpriate federal or state governmental authorities. Should Mortgagor cause or permit any intentional or unintentiOnal action or omission resulting in the releasing, spilling. leaking, pumping, pouring, emitting. emptying or dumping, of hazardous substances into the waters or onto the lands of Louisiana. or into the waters outside the jurisdiction of Louisiana resulting in damage to the lands. waters, ?sh, shell?sh, wildlife, biota, air or other resources owned, managed, or held in trust or otherwise controlled by Louisiana without having obtained a permit issued by the appropriate govemrnental authorities, then, in addition to any other rights and remedies of Mortgagee, Mortgages may require Mortgage:- to clean up the same in accordance with the provisions of applicable law. Mortgagor shall give prompt written notice to Mortgagee of any violation or alleged violation of any Environmental Law with respect to the Mortgaged Premises. After the issuance of notice of any violation of any Environmental Law, Mortgage: shall have the right, but not the obligation, tojoin in or participate in. as a party if it so elecur, any legal proceedings or actions initiated in connection with any hazardous substances directly or indirectly affecting me Mortgaged Premises. Alter issuance of notice of any violation of any Environmental Law. Mortgages shall have the right, but not the obligation, to exercise any of its rights as may be provided for in this Mortgage to enter on to the Mortgaged Premises (upon reasonable notice to Mortgagor) or to take such other actions as it deems necessary or advisable to clean up, remove. resolve or otherwise minimize the impact of the existence. in violation of any Environmental Law, of any hazardous substance on the Mortgaged Premises. Notwithstanding anything set forth in Pagelof'll 2020-33625 Page 11 of 21 this Section 4.14. Mortgagce shall not exercise its right to enter the Mortgaged Premises and take actions it deems necessary to clean up. remove. resolve, or otherwise minimize the impact of any violation of Environmental Law so long as Mortgagor is actively and diligently pursuing the correction of such violation in accordance with applicable law. Upon the occurrence of an Event of Default (as hereinafter de?ned), Mortgagee may. at its discretion, and at Mortgagor's expense. require the submission to Mortgage: of a written report of a site assessment and environmental audit. in scope. tom: and substance, and prepared by an independent, competent and quali?ed engineer. satisfactory to Mortgagee, showing that the engineer made all appropriate inquiry consistent with good and customary practice. such that consistent with generally accepted environmental engineering practice and procedure. no evidence or indication came to light which would suggest there was a release of hazardous substances on the Mortgaged Premises which would necessitate an environmental response action. and which demonstrates that the Mortgaged Prenrises complies with. and does not deviate from. all applicable EnVironmental Laws. including any licenses, permits or certi?cates required thereunder. and that Mortgagor is in compliance with. and has not deviated from. the representations and warranties set forth in this Mortgage. 01) Mortgagor hereby grants, and will cause any tenants to grant. to Mortgagee and its consultants and contractors, upon reasonable notice. and under reasonable conditions established by Mortgagor. which do not impede the perfonnance oftbe assessment, an irrevocable license and authorization to enter upon and inspect the Mortgaged Premises and perform such sampling, tests and analysis (collectively ?tests?) including. without limitation. substance testing. soils and groundwater testing. and other lasts which may physically invade the Mortgages] Premises. all as Mortgagee. in its sole discretion, determines is necessary or advisable to protect its mortgage and security interest in the Mortgaged Premises and itself from incurring any damages or liability. Mortgagor will couperate with consultants and supply to the consultants such historical and operational information as may be reasonably requested by together with any notices. permits or other written communications pertaining to violations of applicable Environmental Laws and any and all other necessary information and make available personnel having knowledge of such matters as may be required by Mortgagee. or Mortgagee?s agents. consultants. and engineers to complete the site assessment SECTION 4.15 lgdempj?ggtjon. Mortgage: apnea that Mortgage and the marchers. managers. officers. employees and agents thereof. shall :10th liable for, and Mortaagor covenants and agrees to protect, exonerate. defend, indemnify and save Mortgagec and the meatball. managers. of?cers. employees and agents thereof. from and against anyand all costs. darnageaorilahilities which may arise out of Mortgagee's holding an interest in the Mortgaged Property. and horn any and all claims. damages. suits and actions. at law or in equity. by or on behalfofany person or entity arising from any act. failure to act. condition. happening or whatsoever, in and about the Mortgaged Property and will further protect. exonerate, defend, indemnify. and save Mongagee and the members. managers. o?icers. employees and agents thereof; harmless horn and against any and all claims arising from any condition of the buildings or building equipment or of the loading platforms. parking areas. or any other part of the Mortgaged Property or of any street, curb. or sidewalks adjoining the Mortgaged Property or of any passageway appurtenant thereto. or arising from any breach or default on the part ofMortgagor in the performance of any covenant or agreement on the part of Mortgagor to be performed pursuant to the terms of this Mortgage. including but not limited to any covenant. condition. or restriction now of record affecting the Mortgaged Property, or arising out of any contract or lease made by or assigned by Mortgage: relating to the Mortgaged Property. or arising from any act of negligence of Mortgagor or its agents. contractors. servants. employees or licensees. performing work on or about the Mortgaged Property or arising from any accident. injury or damage whatsoever, caused to any person. fora. or corporation timing the term of this Mortgage. in or about the Mortgaged Property. or upon the sidewalks and curbs adjoining the sarne or in any passageway appurtenant thereto; and horn and against all costs. reasonable attorneys' fees. expenses. and liabilities incurred in or about the defense of any such claims or action or proceedings brought thereon; provided. however. that Mortgagor shall not be required to indemnify Mortgagce for any costs, damages or liabilities to the extent. but only to the extent. resulting solely and proximately hour the negligence or will?rl misconduct ofMortgagee while Mortgagee was actually in possession of the Mortgaged Property. Mortgagee shall give prompt mitten notice to Mortgagor of any claim asserted against Mortgagee. its members. managers.of?cers. employees or agents when such claim becomes known and which. Page 9 of 2020-33625 Page 12 of 21 if sustained. may result in liability of Mortgagor hereunder; provided. however. that the failure to give such notice shall not relieve Mortgagor from its obligations to protect. exonerate, defend, indemnify and save harmless Mortgages and its members, managers, o?icers. employees or agents as aforesaid. except to the extent that the failure to give such notice results in actual loss or damage to Mortgagor". and in case any action or proceeding be brought against Mortgagee, its members. managers. o??icers. employees or agents by reason of any such claim. Mortgagor. upon notice as aforesaid. covenants and agrees diligently to resist or defend such action or proceedings; provided. however. that the indemni?ed party or parties will cooperate and assist in the defense of such action or proceeding if reasonably requested to do so by Mortgagor. Mortgagor will not make any claim against Mortga gee or its members. managers. of?cers. employees or agents nor shall any of them be liable for any damage or injury to any property of Mortgagor or any person on the Mortgaged Property or to any part of the Mortgaged Property due to any cause whatsoever. including. but not limited to. water leakage, over?ow, or discharge or rain or snow. whether or not because ofany defect in the Mortgaged Property. other than damage or injury counting as a sole and proximate result of the negligence of Mongagee while Mortgagee was actually in possession of the Mortgaged Property. Morlgagormay, at its cost. and in its name or in the name ofMortgagor. prosecute or take any other action involving third persons which Mortgagor deems necessary in order to insure or protect Mortgagor?s rights under this Mortgage; in such event, Mortgagee shall cooperate with Mortgagor. but at the sole expense of Mortgagor. The provisions of this Section shall survive payment and ofthe Obligations and the satisfaction ofthis Mortgage. ARTICLE mama SECTIONSI W. shall be taken in condemnation proceedings or by exercise of any right of eminent domain (hereiunher collectively called ?condemnation proceedings"). Mortgagee shall hove the right, ortbe proceeds thereofshall deduction thora?'om of the amount(s) properly payable to the holdetis) of one or more of the MortgageetotheObllgationstothe extent. andin theorder,dcemed appropriatebmein its sole and ahaohie discretion or. at option, to restoration ofthe Mortgaged Property. SECTION 52 W. No condemnation proceeding with respect to the Marts-god Property nor any application of condemnation procwds to the payment of the Obligation! ital] postpone or reduce the amount ofany payments. or the perfounance ofother obligations. due under the Obligations which shall continue to he made and performed in accordance with the terms of the Obligations until the Obligations and all interest due thereunder Ireplidin?tll. ARTICLE VI 1 5 9E QEFAQLT AND EEMEDIE SECTION 6.1 9: Default. Any one or more of the following events shall constitute an event of default hereunder (an ?Event of Default?): Mortgagor's failure to pay when due and payable any payment required by the Loan Documents. whether ofprineipal. interest. costs or otherwise. as and when the same shall become due and payable as ?trther described therein; or Mortgagor?s violation of. failure to timely comply fully with or default in. any of the terms. provisions or conditions of this Mortgage or any of the other Loan Documents: or Mortgagor's default under any loan. lease. other extension of credit, security agreement, purchase or sales agreement or any other agreement, with or in favor of any other creditor or person that may materially affect any of Mongagor's property or any of Mortgagor's obligations under this Mortgage or any of the other Loan Dostunents: or maroon: 2020-33525 Page 13 ol21 A default by Mortgagor or Gust-enters under any and all loans by Capital. L.L.C.. for which Mortgage: andlor Guarantors of the Debt andr'or Obligations (as de?ned on the ?rst page hereof). is a Borrower or a Guarantor. Any representation or warranty made by Mortgagor herein shall prove to have been occur: in any material respect as of the date of the issuance or melting thereof; or The occurrence of any event which constitutes an event of default under any of the Loan Documents or under any other agreement or other document evidencing the Obligations. SECTION 6.2 ceelerati - Re Default. Upon the happening of any one or more Event of Default set forth above. Mortgagee may. at its option. declare the Obligations immediately due. payable and performahle without notice or demand. and Mortgage may forthwith, with or without accelerating the Obligations. exercise any orall rights available to it and elect to apply any of the following remedies or any remedy set forth in the Loan Documents. the documents evidencing any of the other Obligations or any other remedy which might be available pursuant to applicable law. all of which remedies shall be cumulative: Mortgages shall have the right. at its sole Option. to accelerate the mantrity and demand immediate payment and performance in full of any and all of the Obligations. Mortgages shall then have the right to commence foreclosure proceedings against all or any part of the Mortgaged Property. by ordinary or executcry process. at Mortgagee's sole option, or take such other action as the law may allow. at law or in equity, for the enforcement thereof and realization on the Mortgage Property or any other which is herein or elsewhere provided for, and proceed thereon to ?naljudgrnent and execution thereon for the entire unpaid balance of the Obligations which has been accelerated. with interest. at the rates and pursuant to the methods of calculation speci?ed in the applicable debt instrument. imitating. but not limited to. the Loan Documents. together with all othersurns seemed by this Mortgage. all costs of suit and resemble attorneys' fees. without limiter stay. any law. usage. orcustom to the Wm- appropriate Louisiana foreclosure proceedings under this Mortgage. Mortgagce may cause the robe term of court or in 1iteration. under ordinary or executor-y process. in accordance with applicable Louisiana law. to the highest bidder for cash. with or without appraisernant. and without the necessity of making additional demand upon or notiiying Mortgage: or placing Mortgages in default. all ofwhich are expressly waived. WWI. For purposes efforcclosure under Louisiana executory prom procedures. Mortgagor confesses judgment and acknowledge: to he indebted unto and in favor of Mortgagee. up to and including the full aruount of the Obligations. in principal. interest. costs. expenses. attorneys' fees. default and delinquency charges and other fees and charges up to and including the maximum amount stated shove. To the extent permitted tender applicable Louisiana law. Mortgagor additionally waives: the bene?t ofappraisal as provided in Articles 2332. 2336. 2723 and 2724 of the Louisiana Code of Civil Procedure, and all other laws with regard to appraisal upon judicial sale; the notice of seizure as provided under Articles 2293 and 2721 of the Louisiana Code of Civil Procedure; the three (3) days? delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; and all other bene?ts pro?ded under Articles 2331. 2722 turd 2723 of the Louisiana Code of Civil Procedure and all other Articles not Specifically mentioned above. Keener. Should any or all of the Mortgaged Property be seieed as an incident to an action for the recognition or enforcement of this Mortgage. by executory process. sequestration. attachment. writ of ?eri facias or otherwise. Mortgagor hereby agrees that the court issuing any such order shall. if requested by Mortgages. appoint Mortgagee. or any agent designated by Mortgages. or any person or entity named by Mortgage: at the time such seizure is required. or any time thereafter. as Keeper of the Mortgaged Property as provided under La. KS. 9:5]36. et seq. Such a Keeper shall be entitled to reasonable compensation. Mortgagor agrees to pay the reasonable fees of such Keeper. which are hereby ?xed at $175110 per hour. which compensation to the Keeper shall also be secured by this Mortgage and shall be part of the Obligations. Palette?! 2020-33625 Page 14 of 21 My. Should it become necessary for Mortgages to foreclose under this Mortgage. all declarations of fact. which are made under an authentic set before a Notary Public in the prueoce of two ?dormer, by a person declaring such facts to lie within his or her knowledge, shall constittle authentic evidence for proposes ol? executor-y process and also for proposes ofLa. res. 93509.1. La. R.S. 93504me and La. res. 10:9?503. where applicable. W. In the event of foreclosure under this Mortgage, or other of title or assignment of the Mottgagod Propcm'. or any part or parts thereof. in lieu of payment of the Obligations, whether in whole or in past. all policies of insurance and other rights applicable. or related. to the Managed Property shall automatically inure to the bene?t of and shall pass to the purclmerfs) or transfereqs) thereof, subject to the rights of the purchasems) or tr-amfcreds) to reject such insurmee coverage endfor rights at its sole option and election. Wm Mortgage: may. in addition to the foregoing remedies. or in lieu thereof. in Mortgagee's sole discretion. commence an appropriate action against Mortgagor akin; sped?c performance of any covenant contained herein, in the Loan Documents or in any other documents evidencing any of the other Obligations, or in aid of the execution orenforocrneot of any power herein or therein granted. (it) any portion of sod: property prestrant to the provisions of the Uniform Commercial Code and shall he met by delh'eaim mitten notice to Monsanto ?ve (5) business days prior to any such sale. lotheeverrt maybeeoldinwhole orinputaspertol'the realtyoraeparately. Mamba-wise. G) but such collection of rents shall Propertyaltouldbeuquiredby?w Propertyoodained in theMatpged Proptn'tyand used by Mortgagor in the rental or leasing tlrereol'oranyparttherooll SECTION 6.3 Upon the commence of an EVent of Default. Mortgages. pursuant to the foregoing rights and remedies andior in addition thereto. shall be entitled to resort to its several collateral securities for the payment of the Obligations secured hereby in such order and manner as Mortgages may. in its sole discretion, deem necessary oradvisable without impairing Mortgagee's my: on. security interest or lien in or rights to. any of such collateral annuities and without affecting the liability of any person or entity with respect to the obligations scorned hereby, except to the extent that the obligations secured hereby shall have been reduced by the acnral monetary consideration. if any. received by Mortgage: from the proceeds of such collateral sectnity. may, in Mortgage?: sole discretion. release for such consideration as Mortgagee may require. any portion of the Mortgaged Property without. as to the remainder collateral sectarity, in anywise impairing or affecting the mortgage, security interest or lien ofthis Mortgage or the priority thereof or improving the position of any subordinate mortgage security inherest or lien holder with respect thereto. except to the extent that the obligations secured hereby shall have been reduced by the actual nronaary consideration, if any. received by Mortgage: for such releue; andior may accept the assign-trout or pledge of any other property in place thereof as Mortgagee may require without being accountable for so doing to any other lienor. in the event Pay: I2 at It 2020-33625 Page 15 of 21 of any breach or anticipatory breach by Mortgagor of any of the covenants. agreements. terms. or conditions contained in the Loan Documents. the other documents evidencing the other Obligations or this Mortgage, Mortgages shall be entitled to enjoin such breach or anticipatory breach and shall have the right to invoke any right and rernedy allowed at law or in equity or by statute or otherwise as though other remedies were not provided for in this Mortgage. SECTION 6.4 W. To the extent permitted by law. and in addition to the other waivers herein. Mortgagor hereby waives and releases all technical errors, defects, and imperfections in any proceedings instituted by Mortgages under this Mortgage or otherwise and all notices not herein speci?cally required of MortgagOr's default or of Mortgagee's exercise. or election to exercise. any option or remedy under this Mortgage. SECTION 6.5 Bemedig ngulativg. Each right and remedy of Mortgagee provided for in this Mortgage shall be cumulative and shall be in addition to eyery other right or remedy provided for in this Mortgage. in the other documents evidencing the other Obligations or in the Loan Documents or now or hereafter existing at law. or in equity or by statute or otherwise. and the exercise or beginning of the exercise by Mortgagee of any one or more of the rights or remedies provided for in this Mortgage or now or hereafter existing at law. or in equity or by statute or Otherwise. shall not preclude the simultaneous or later exercise by Mortgages of any or all other rights or medics provided for therein or now or hereafter existing at law. in equity or by statute or otherwise. SECTION 6.6 He Lmnlig. Any failure, forbearance or delay by Mortgages in insisting upon the strict perfonnanee by Mung-gar of any ofttre terms. covenants. agreements. conditions. and provisions hereof shall not be daerned to be a waiver of any of the henna. covenants. agrees-mots, conditions. and provisions hereof. and Mortgagee notwithstanding any such failure. for-beamee. or delay shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the tenor. covenants. agreenrents. conditions. and provisions of this Mortgage to be performed by Mortgagor. Neither Mortgagornor any other person notvor hereafter obligated for the payment of the whole or any part of the sums now or secured by this Mortgage shall be relieved of such obligation by reason of the failure ofMortgageeto cranply with amt request of Mortgagcr or of any other person so obligated to taint action to ibreclnee this Mortgage orotherwise enforce any of the provisions ofthis Mortgage or ofany obligations secured by this Mortgage. or by reason of the releasc. we.? ofoomidcration. oftbc whole or any part ofthe security held for the indebtedness secured by this Mortgagq'or by reason ofany agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgages extending the time of payment or modifying the terms of the Obligations adorned ?rst having obtained the consent ofMortgagor or such other person. and in the Lattarevent. Mortgagor and all nrchorherpersonsshaii continue to be theternra ofany arch agreement of extension or modi?cation tntleas expressly released and discharged in writing by Mortgages. Regardless ofthe consideration therefor. if any at all. and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, Mortgage: rrtay release the obligation of anyone at any time liable for any of the Obligations seemed by this Mortgage or any part of the security held for the Obligations and may extend the time for payment or otherwise grant indulgences. modify the terms of the Obligations, or both, without. as to the security or the remainder thereof. in any way impairing or affecting the lien of this Mortgage or the priority of such lien. as security for the payment of the Obligations as they may be so extended or modi?ed. over any subordinate lien. The holder of any subordinate lien shall have no right to terminate any lease affecting the Mortgaged Property whether or not such lease be subordinate to this Mortgage. For the payment and performance of the Obligations. Mortgagee may resort to any other security therefor held by Mortgages in such order and manner as Mortgagee may elect SECTION W- In case of any sale under this Mortgage by virtue of judicial proceedings. the Mortgaged Property may be sold in one parcel and as an entirety or in such parcels, manner or order as Mortgages in its sole discretion may elect. SECTION 6.8 Waiggr Egyptians. Mortgagor hereby waives and relinquishes the bene?ts of any present or future Constitutional provisions. laws. regulations or ordinances: exempting the Mortgaged Property or any part thereof from attachment. levy or sale on execution. or any part of the proceeds arising from any sale thereof by Mortgages. including. but not limited to. any homestead exemption; and requiring valuation or appraisernent of any part of the Mortgaged Page [3 of 13 2020-33525 Page 15 of 21 Preperty levied or sold on execution on any judgment recovered for the indebtedness secured hereby. SECTION 5.9 MM MORTGAGOR AND MORTGAGEE (BY n?s ACCEPTANCE HEREOFJ HEREBY vowuramw, snowmen. IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT. TORT OR OTHERWISE) BETWEEN 0R AMONG MORTGAGOR AND ARISING OUT OF OR IN ANY WAY REIATED TO THIS MORTGAGE, AND THE OTHER DOCUMENTS EVIDENCING ANY OF THE OTHER. OBLIGATIONS ORANY RELATIONSHIP BETWEEN MORTGAGOR AND MORTGAGEE. THIS PROVISION IS A MATERIAL WDUCEMENT TO MORTGAGEE TO ENTER. INTO THIS MORTGAGE AND THE LOAN DOCUMENTS. ARTICLE VII MI 0 SECTION 7.1 Notices. Ali notices. demands. requests, and consents required made: this Mortgage shall he in uniting and shall he su?'icient if given personally or couriered or mailed to the party involved at its respective address set forth on Exhibit hereto out such other address as such party may provide in visiting from time to time. Any such notice mailed to such address shall be effective three days a?er deposit in the United States mail with postage prepaid. SECTION 7.2 WW- Mortgagcr complies with the provisions of this Mortgageand pays andpetforms all ofthe Obligations in accordance with the terms of. and at the times prOVided in. the Loan Documents. the other documents evidencing the other Obligations and this Mortgage. without deduction, iiraud. or delay. then this Mortgage and the security interest hereby become widendthe powers of attorney granted heretmder tovMortgagce by Mortgagor shall be denoted to be canceled or terminated. and Mortgagee shall execute and deli'rrer such mortgage satist?actions. termination m, and other documents as Mortgages may reasonably request to evidence the same W. context clearly indicates a contrary intent or unless otherwise speci?cally provided herein. the word ahali include Mortgagor?s heirs. legal representatives. succeuors and assigns craoy mbsequentomcrowners oftheMortgaged Property: theaterd MMortgages" shall include Mortgagee?a legal mpreaeotatives. succeasors and assigrts; the cord 'peraon" shall mean an individual, corporation, general premiership. limited partnership. limited liability company. limited liability muesli. rmincorporaled association. or anyotherlegal entity; and the singular ital] shall include the other genders. SECTION 7.4 m. All amendments and modi?cations of this Mortgage must he in writing. executed by Mortgagor and consented to by Mortgagec. SECTION 7.5 MW. If any term or provision of this Mortgage or the application thereof to any person or circumstances shell. to any extent be invalid or unenforceable, the remainder of this Mortgage or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable. shall not be affected thereby and each term and {revision of this Mortgage shall be valid and be enforced to the ?ttest extent permitted by law. SECTION 7.6 Seg?on ?nding; The headings of the Articles and Sections of this Mortgage are for convenience of reference only and shall not limit or office: the meaning. scope or effect of any terms and conditions hereof. SECTION 7.7 This Mortgage shall be construed and enforced in accordance with the laws of the State of Louisiana. SECTION 7.3 advance Mona Mg?gage. Pagcldofll 2020-33625 Page 17 cf 21 This Mortgage secures ?tture advances made pursuant to this Mortgage or pursuant to any of the other Loan Documents, the other documents evidencing the other Obligations or othem'ise. If sends a written notice to Mortgagee which purports to limit the Obligations secured by this Mortgage and to release the obligation of Mortgagee to make any additional advances to MortEIgor, such a notice shall be ineffective as to: any future advances made: (W) to enable completion of the improvements on the Mortgaged Property for which any obligation secured hereby was originally made: (was) to pay taxes. assessments,n1aintenanee charges, and insurance premiums; (xx) for costs incurred for the protection of the Mortgaged Property or the lien of this Mortgage; for expenses incurred by Mortgagee by reason ofa default ofMoi-rgagor hereunder; (22} for any other costs incurred by Mortgage: to protect and preserve the Mortgaged Property; and (it) the Obligations incurred by Mortgagor prior to receipt by Mortgagee of written notice oftennination and the Obligations irtcurred by Mortgagoratter the receipt by Mortgagee of 1titrrittrm notice. pursuant to written agreement entered into by Mortgagee prior to receipt of such notice. It is the intention of the parties hereto that any such advance made by Mortgagee after any such notice by Mortgagor shall be secured by the lien of this Mortgage on the Mortgaged Property. This section shall not be construed to create any obligation on Mortgagee to make advances other than pursuant to the Loan Documents. SECTION 7.9 W. [tony provision of this Mortgage. in whole or in part, or the application of any provision. in whole or in part, is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision orpart ofsueh provision shall be severed from this Mortgage, and such severance shall have no effect upon the enforceability, performance or obligations of the remainder of this Mortgage, including the remainder of such provision not determined to be illegal, invalid or [Signatures on Following Page] Page licf?lt 2020-33625 Page 1 of 21 THUS DONE AND SIGNED on this day of September 2020, in the presence of the undersigned competent witnesses who have signed their names with Mongeger and me. Notary, all in each other's presence after a due reading of the whole. MORTGAGOR: Print Nlme: MU TH SEAL .V Noury Publtc ORLANDO - Now-tar Puauc Nemrlear Roll #z 51-: Ema-:22 ems all: seven muse FOR m: THUS BONE AND SIGNED on this l'l"I day of September 2020. in the presence of the undersigned emnpetent Wilhelm who have signed their men with Mmee and me. Notary. all in each ether's presence alter a due reeding of the whole. MORTGAGBE: IV CAPITAL L.L.C. By: Sidney D. Torres. IV PresidentIManaaer, or Lla Schehr. Duly Authorized Public Print Name: NotarnyaI Roll RAYMOND B. LANDRY, 21896 MULLERE. macaw a mom. LLC. Read Mannie. loulsisn: 70001 (504) 337-4950 Page If: on! 2021043525 Plus 19 om uli tedness Mort a ssi nm at as I and Seeg?? 533mg! Owneri'Morlgagon Mortgagee: Jennifer Medley IV LLC. Property Description ONE CERTAIN LOT OF CROWD. together with all the buildings Ind improvements thereon end all the opponenmees thereunto belonging. situated in the FIRST DISTRICT of this City, in SQUARE N0. 330. bounded by Bemadotte. 3L Petriek. Bunk: and Bendin Streets. According to I blue print of survey by EC. Kelly Surveyor, dated July 20,1923. Innexed to In set passed before WM. Gu'iey. Henry in this City. on July 28, 1925. said LOT is designed by the letter and lies at I. distunee of ninety-four feet, ?ve inches and one line from Baudin and Bernadette Streets Ind measures thence. thirty-three feet, six inches from an Bandit! Street, by I depth ofone hundred and six feet, seven inches between equal and parallel lines. The immvunenls dsueon beer the Mimic-i111 No. 4725-17 Bandit: Street, New Orlesus. LA 111119. Being the me property acquired by .lemi?er Medley by set dated 9. 200?. registered II CJN 338932. end its-therby eet dated April 30. 2020, registered It CTN 673532 in the records ofOrleIns Perish. Louisiene. THE HERETO TAKE CDGNIZANCE OF THE FOLLOWS WITHOUT THE INTENT OF CREATING. REIMPOSING OR EXTENDING SAME: Resh-ietive cements. street de?ections, servitudes. easements. rights of way. hdldiog net book titles. the o?ieill plan of albdivisien. any minersl rights leued, gutted orr?aiudbyaereotorpriorowmmd my matter registered or reeorded in dteo?oilimdl ofthepu'isll initial: thubove described prnpe?y is located. Tut ldeoti?entionNo. 105309415 Plge I'lofll IV 12ml, LLC. Am: sungy D. Tana, no Finn: snug New buiriu- 1m 19 a. mm 202063525 Pin! 20 M21