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HomeMy WebLinkAbout1965 f, ,) I) '-... _..~~--~~~-- --~_.._._-_. ~;o.-~~~"-;--'-' ~~--'t~~. '----..-----'-~~,-~--.--~-., ,-.,..,. au~"J: sg f~~E'-'l~ SEVENTH: nut the mortgagor 19rees to pay o~ denund.all eX~ilscs and attorneys' f~ incurred by the mortgagee by reason of Iltlg..'lon with lIurd p.lItles to protect the hen of thu mortgage and sl! moneys so p:ud by the mortgagee, Includ. ing lny expense incurreJ in procuring or continuing abstucts of title and title polici~ and searching the records for the purposes of such litigation" shall bear inter~t at the ~~c r~e ,aJ specified in the note ~ut(xi hereby on th,e principal thereof after default and lIutunty, and any such sums !o paid WIth lOterest thereon shall constitute a lien UDOn saId prenmcs ~nd be secured by this mortgage and in def~u1t of inunediale repayment thereof by the mortgagor af,ter d~mand, the whole II1debteJness secured hereby Shl!l at the option of the mortgagee become due and payable forthWith Without notice, EIGHTH: That as further security for the payment of said indebtedneS$ ar.d the performance of all (If the terms, covenant~ and condltluns hcreuf, Ihe murtgagor dex.'S hereby mortgage, Icamlt:r, set o\"('r, a'>3lgn and pledge 10 the mortgagee the lessor's interest and estate in all leases, including but not lirnitad to ga.'>, oil and mineC3lleaSl's, now or hereafter atftctlOg the said premises or any part thereof, and all rents, iS$ues, income, profits, royalties and bon~s due and 10 become due there- und\:r, and 10 the event of a default under anI of the terms, covenants and conditions of UlIS mortgage the mortgagee is hereby authorized and empowered to collect a.nd rec~ive all such rents, issues, income, profits, royalties and bonuses due and to become due wd to apply the same against Slid indebtedness. So long, howe't'er, as there shall be no default hereunder the mortgagor shall ha\'c the light to collect and receive iny wd all such rent., issues, incon.e, profits, royalties and b011US\:S U they respectinl)' lxcome due and payable, and to use the same without accounting to the mortgagee tJ.erc/ur NINTH: That as further security for the payment of said indebtedness and the performance of all oi the terms, CQ\Tnants and conditions hereof the mortgagor does hereby mortgage, transfer, set over, assign and pledge unto the mortg.lgee all citrus and ocher crops now growing and hereafter grown on Slid premises, hereby giving and granting unw the mortgagee a fiCS! anl prior lien thereon, provided, however, thu such lien shall be and is hereby expressly made subject and subordinare to any crop mortgage covering any citrus crops whit:h come into existence by bloom prior to foreclosure s.lle as proviJed by this mortgage or ;lny annual crops ptanted prior to said foreclosure sale, the provisions of p.uagr.lph Tenth hereof not. withsLlI1Jing, An}' such crop mortgage shall not however be a lien prior to this mortgage on any ~itrus crop coming into bemg by bloom subsequent to Slid foreclosure sale, or on any annual crop planted subsequent to said foreclosure s.lle. TENTH: That the mortgagee nu}' release for such consideration, or none, as it may require, an)' portion of the above described land without, as to the remainder of the securit}" in anyv.'ise impairing or affecting the liens ;\nd priorj,ies herein provided for the mortgagee compared to any ~l!bordinate lienholder. ELEVENTH: The net proceeds of any judgment, aw~rd or settlement in any condemnat;on or other proceeding for an)' damage to the rremises, buildings or other fixtures thereon shall be paid to the mortgagee and shall at its option, either be applied lS a credit on any portion of the unpaid balance of the note secured hereb)', whdher then matured or to mature in the future, or be released to mortgagor. 1WELFrH: That if the mortgagor shlll default in the performance of any of the covenants or agreements k-rein conUint:d, or if an owner of said prenllses shall file a petition secktng an arrangement or compoSition or exte'nslun or any other relief under or pursuant to the Federal Bankruptcy Act or an}' other similar statute as now or hereafter 10 effect, or shall be adjudicated bankrupt or insolvent or any of his property shall have been SC<llJcstered and such decree shalI have Wlltinued undischarged and uostayeJ for ninety days after the entry thereof, the entire indebtecnw hereby secured, includ- ing all payments for taxes, assessments, insuranc~ premiums, liens, attorneys' fees and expenses herein specified, shall, at the option of the mortgagee, and without notice to the mortgagor, be due and collectible at once by foredosure or otherwise; and, except as to property where such provision is prohibited by law, upon commencement of any foreclosure or at any time thereafter the mortgagee, as a matter of right, without consideration 01 the value of the premises, or whether the property is probably insutlicicnt to discharge the mortgage debt or is in danger of being lost or removed or injured, and irrespectlye of the solvency or insolvency of the mortgagor or the then owner of said premises, and without notice to the mortgagor or any person claiming under him, shan be entitled at once to the appointment of a re<:eiver for said premises, to colkct the rents, issues and profits therefrom during the pendency of such foreclosure, and the proceeds of said receivership shall be applied by said receiver toward the payment of the indebtedness secured by this mortgage, or toward t:1(' payment of such part of th~ judgment rendered thereon as may remain unsatisfied after the sale of said premises, o,r to repay to the mO~lgagee any advancements which said mortgagee may make afttr the commencement of foreclosure actIOn for t3..,CS, assessments, insurlOce or other charges as herein provided, together with interest thereon at the same rate as specified in saId note secured hereby on the principal thereof after default and maturity, and from the pr~eeds of said receiw'rship said recelvcr may make r.ecessary repairs and keep said premises in proper conditio~ and repair pe~dlOg such sale, wu p.i}' all taxes and assessmen,ts accrued or accruing or redeem from sales therefor and ;ny IOsurance premiums neces~ary to keep said premises 1I1sured 10 accordance with th~ provisions of this mor:gage, and pay other proper charges as herem provided, and pay the expense of the receivership. THIRTEENTII: In case this mortgage be forecloseJ by a suit in equity and the mortgaged premises be sold to satisfv a decree of forcclo~ure, the proceeds of such sale shall be applied as follows; First, to the expenses incurred hereun,ler', second, to a reasonable attorney's fee not to exceed five percen~ of the indebt~dness for such services as may be necessary for the coilcction of Slid indebtedness and the foreclosure of thIS mortgage; thIrd, to the payment of whatever sum or sums the mortgagee may ~v( paid or become liable to pa}' in ,carry~ng out t~le terms and stipulati?ns of this mortgage, together with interest thereon;, an~ finally to ~h~ payment and satu~"-'1I~n ,of ,sa~d note. TI:e balance, If a~y, shall" unless the Court decree otherwise, l-e paId IOto the registry of the Court havmg JUIudlchon of !aIU foreclosure SUIt, to abide the further order of said Court. FOURTEENTH: That the mortgagor is lawfully seized of said 1'.rernises in fee simple and has good right and lawful authC'City to sell and convey the same, that the .>ame are fr~e from encumbrances exce.!?t as aforesaid, that it shall be lawful for' the ;nortgagee at all times, peaceably and quietly to enter upon, hold, occupy and enjoy said premises and every part thereof, that the mortgagor v.:ill exC(Ut~ or procure any further necess~ry assuran~es of title and does hereby forever warrant generally the title to said prenu5es and Will forever defeud the same agalOst the claulU and demands of all persons whomsoever, and th~ mortgagor llnd the makers of said note especially agree and declare th;tt the separate estate of each of them, whether vested, ~ Jntingent or in ex~ancy, is hereby ,?nveyed and ,shall be bound for the payment of the debt.hereby secured and elch does he reby expressly wllve~ release and relmqUlsh all nghts, and ~nefi~s of an)' homest:ad, appralsemen~. exemption Or stay to v/ ich they may be entItled under the laws of the state In which said premises are Situate, together With all dower or curtesy ,'ghts, and all interests and estates, statutory and otherwise and o~ every nature whatsoever in and to said premises, FIl''TEENTH: That the giving of written notice add!..:Ssed to the owners of record of said premises or addressed to the said owners at their last address aaually furni~hed to the mc.rtgagee, or addressed to the owners at said premises, and . . . . ~ ....:.