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HomeMy WebLinkAbout2856 ~ - - 1 ' . ;•'t ~ . ~ . ~ _ The~Mortgagor covena~ts and agrees~ arrang other covenants, to ~ ~ cultivate~ fe~~ilize, prune, spray and otherwisa ke~p, care for, . ± improve and maintain the citrus grove now loca~ed o~ the above• ; descrlbed land i~ e good state of cul.tivation and fertiiization ; according~to the best standards prevaili~g in the vicinity of the land at the time, and the Mortgagee may not claim a default for ; the failure to comply with this covenant u~til tha Mortgagor ~ shall have failed to correct any such default wtthin twenty (20) . ` ~days after such default shall have been b~coLght.to the attention of the Mortgagor by the Mortgagee. " ~ ~ !n th~ case of any default in payments by the Mortgagor and a - ! Suit in Equity is instituted by the Mortg~gee fo enforca tts rights, then the Mortgagee shall be entitled to apply to th~ Court having ju~isdiction of such Suit for the appointment of a re- ~ ceiver of a11 and stngular said propetty ~nd ~he rents, issues ; ~ and profits therefrom. Such receiver shall have the usual powers ~ and datles, ~ncluding the power to care for a~d Gultivate said grove and to market any and all the crops-thereon a~d to coilect - any and all revenues derived therefr.om,-the sa~me to be applied by such receiver as required.by law and under the directio~ of sai d Court. IT RST000 that the Mortgagee has agreed to subordinate . `t thi age to a new first mortgage not~to exceed $105,000, ~ a•-;~ Y°^r ~~rh ~uhordi nat i on, the Mortgagor agrees to pay the Mortgagee a sum equal to one-hal f of the i ~creasea ~i i=`=-'; .gation created by said subordination, up to a maximwn of $10,0003~..~~ - - or, in the alternafiive, the Mortgagee will subordinate this ~ mortgage to a new second mortgage not to exceed $25,000; provided, ~ however, that the payment due to the now existing first rtartgage held by M. S. Poteat recorded in Off.Rec, Book 69, page 92, on ~ July i5th 1964, is met. The Mortgagor will be entitled to either one of•sajd subordinatio~s.~or one time enly, and only if this mortgage is in good standing at~the time'the subordination is 3~ requested.. . , . . , . , - A default under the first rrwrtgage wi•11 be considered a default under this mortgage, and the Mortgagee shail have the option.of ~ paying the first mortgage payments in arrears and declace this ~ second mortgage due and payable in full. • , r~ . ! _ _ _ ; ~ ~ - ~ 4 - ~ ~ . I , ~ , : • - . ~ - - , - ~ - : . ~ ' ~ ~ . ' , r ~ . . . . L~s~ . • - ~ ~ R' . : ~ ' y ~ ; . ~2 r~~53 . ~na , , , . . . . : _ ~