The URL can be used to link to this page

Home My WebLink About0216 O. R. ~fJ~K 57 ~A6t214 I 'th II b 'Id' t d' h" It. S.Tt~ L~~I.~_~~~.~2fYl~'~1LA,' ed h d II d' I toget ler WI a UI Ings, struc ures an ot er Irnprovemen s now or n~rea er Otat t ereon, an a an SIIl~U ar the tenements, hereditaments, appurtenal..:es and privileges, now or hereafter belonKing or in anywise appertaininK to said property, or any part thereof, and all the est;lte, right, title and int~rest, including all homestead and dower rights of the Mortgagor in and to said property, or any part thereof, and the rents, issues and profits thereof which are hereby specific.'llly assigned, transferred and set over to the Mortgay,ee as additional &eCllrity for the repayment of the indebted- ness hereinafter described; and together also with i\ll water and water rights, all wells, windmills, pipes, pipei;ne!:', WOlter storagl:: tanks and towers, and all othl::r water developments, storage or conllervation facilities and structures, all pumps and pumping plants, :ill motors, cng;.;~il, turbines, generator.l, transformennmd other installations, devices and facilities of every kind and description for the operation of said pumps and pumping plants, and all other machinery and equifl- ment, 1I0W or hereafter located or used on, in or about said property, for or in connection with the control of water thereon, or for the irrigation and/or drainage thereof, or for furnishing Mid property with water for domestic use or for stock. TO IIA VE AND TO HOLD the same unto the Mortgal;ee, its 8UCC~8 and assigns, forew,r, it. fee simple. The ~Iortgagor hereby covenants with the 1\10rtgagee that he is lawfully seized cf said property in fee simple; that he has full power and lawful right to convey the same as aforesaid; that it shall be lawful for the 1\10rtgagee at all times peaceably and quietly to enter upon, hold, occupy and enjoy said proper\:y; that said property is free from all liens and cncumbrallces, that he will make~uch further assurances to perfect the fee simple title to said property as may reasonably be required by the Mortgagee; and that he does hereby fully warrant the title to said property and will deiend the same against the clai~s of all persons wh '>:'!lOe'/er. ' The Mortgagor hereby further assigns to the Mortgagee all cf the rents, royaities. bonuses and benefits under any existing and/or future oil, gas or mineral lease of any of the proflerty hereby nlortgaged, as additionalsccurity for the payment of the indebtedness hereby secured. The Mortgagor flha I have the right to collect and retain Iluch rents, royal- tiee, bonu~es and benefits until default hereunder or under the note hereby secured. In the event of any such default, the Mortgagee is hereby granted the unconditional right and power, at its option, at any time while Juch default remains outstandinR, to demand, receive and collect such rents, royalties, bonUH!l and benefits and apply same towards pay- ment of the indebtedness hereby secured. The Mortgagee shall not be bound hereby to demand, receive or collect any of suc~ rents, royal!ies, bon~ses or benefits, and sh.all not be responsible for, failure to exercise t~e rights here~)y gr~nted, and failure to exerCise such fights after the happenmg of a default shall not oe comtrued as a waIver of such nghts m the ev'.:!~t of a subsequent default. This mortgage is on the cundition that if the Mortgagor shall pay to the Mortgagee the indebtt:dness evidenced by that certain promissory note of even date herewith in the principal sum oL.....~,~,......,.~..~,..~..,~..-....':"'..-. ,...., ,.." ,..".., ,~JP:(:nI,IT, ,<J:'~,9V~~ ...~, .~9/:l9.9.....,...., ,~.., ....,.., , ..~" ,.., ,......,..."", ....'", ",' Dollars ($...~9,o.<>,().".o9.,...........), bearing interest as therein provided, made ~y the Mortgagor .~1:1,.., .-................................................................................................................................................................................ and payable to the Mortgagee at its Home Office in Hartford, Connecticut, in lawful money of the United St"tes, in instalments, the last of which sha:J be due and payable on............,....~~~..,~,~,........,..".,.............., 19(3}.., and shall keep and perform all of the covenants, agreements, conditions and stipulations contained herein and in said note, then the estate hereby granted shall terminate and this mortgage shall be void. The Mortgagor hereby covenants and agrees with the Mortgagee as follows: 1. To pay the principal and interest and all other sums payable by virtue of said promissory note and of this mort- gage promptly as the same shall become due. 2. To pay, before the salolC becon1'~ delinquent, all taxes, assessments and other charges, general or special, already levied or assessed or that may hereafter be levied or assessed upon or against the protJCrty hereby mortgaged, or any part thereof, and immediately upon request to fun :~I-t the Mortgagee the official receipts sho.... ing pay- ment thereof. 3. To pay all liens which might by operation of law or otherwise be or become superior to the lien of this mortgage; to keep said property in good condition and repair and not to do or permit waste thereon, or do or suffer anything to be done which would depreciate or impair the value thereof and not to remove, demolish or make any sub. stantial alterations to any of the buildings or other improvements without the writ tcn consent of the I\lortgagee. 4. To cultivate, fertilize, spray, du&t and prune all citrus trees located on the mortgaged property in a good and husbandlike manner for and during the term of this mortgage, and in the event that the Mortgagor shall (ai\ to care properly for said g-rove as herein required, then the Mortgage.: may, at its option, declare the entire in- debtedness secured by thi~ mortgage due and payable, and may, at its option, foreclose this mortgage and ask for and obtain a receiver to man;,ge said grove during the time that said foreclosure is pending. 5, To k~p the buildings and other improvements now or hereafter loc~ted on said property constantly insured against loss or damage ?y firet .windst<;>rm c:nd sllch other hazard or haz~(ds as f!lay. reasonably be .required by the Mortgagee at any time ...:hlle tiLe Illuebtedness ~ereby sccur:xl remams unpaid, 111 an amount, m form ~,nd in a company or companies satisfactory to the Mortgagee, and to deposit the policie3 of such insurance and rc. newals thereof with the Mortgagee, with all premiums therefor paid and with mortgagee clause satisfactory to the Mortgagee attached thereto. Any amount received by the Mortgagee under any such policy may, at the option of the Mortgagee, (a) be applied tOWard paymen.t of any Bum hereby secured as the Mortgagee shall de. termine, or (b) be used toward the cost of rebuildinR or repairing the destroyed or damaged buildings or other improvements on the murtgaged property, upon completion of sloch rebuilding or repair to the satisfat:tion of the :\1ortgagee, or (c) be paid to the Mortgagor. Interest shall not be aHowe<! on any insurance proceeds held by the !o.tortgagee pending comple~i(jn of reconstruction or repair of said buildings or other improvements. Such policies of insurance and all renew.tls thereof are hereby assigned to the Mortgagee as a\..ditional security for the p<>.yment of the indebtedne~ hereby secured and the Mortgagor hereby agrees that any values ava;lable there, under upon cancellation or termination of any of 8uch policies or renewals, whether in the foml of return of pre. miums or otherwise, shall be payable to the ~tortgagee as Clssignee thereof. 6. I n tIle event that the Mortgagor shall fail to pay any taxes, assessments, insurance premIums, liens or charges of any character, rreneral or special, whicr. the Mortgagor is required hereunder to pay, the Morti-pgee may, at its option, make payment thereof and may also redeelll the lI10rtgaged property, or any part thereof, from, tax sales, without any obligation to inlluire into Lhe validity of such taxe~, asse88ments or tax sales. the receipts of the proper offic~rs to be conclusive evidence of the validity and amount then'or. Should the 1\1ortgagor fail to keep the property in good repair or to keep the buildings and other improvements insured. as herein agreed, Page ..~..4!,