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HomeMy WebLinkAbout0209 . • ~ ~ - togcther with all fi~tures and all buiidirugs, impso~eaueats, irrigs?tion aud drainage equipment (ezclusive af portable pipe and fittinbs and unmuuntcd pumps) now or heresfttr locsted on the preiniaes, which are hereby declared ta be fissures, anci all renewals, replsccments +?nd additions to ench fs~tuses, and all the rents, incomt, issues, proceeds, produce and profite of and from t4e Mnrtgaged Premisea, together with all the reversions, remain- ' ders, ways, easements, servitudea, strcets, passages, rights, privilcges, lands, tenewenta, hereditamenta and appurt- enanccs thereunto belonging or in any wise eppertaining, including specifically ar~d not by wap af Kmitation, all water, riparian, irrigation and drninege rights, and oil, gas And mineral rights nnd royalties. ~10RT~AGOR Docs FURTFISR mortgage, transfer, set over, assign and pledge unto 9fortgaget all cropa no~v grow- ing and hrreafter grown on the mortgaged premises, hereby giving and granting unto biortgagee e first and prior lien thereon, pro~•ided, however, that such lien shall be and i9 hereby made expresslv subject nnd subordinate to a~y erop lien or crop mortg~~e encumbering erops w•hich come into existence prior to foreelosure sale as provided by this murttage, the pro~~isions af clause 9 hereoE notwithstanding. An3 such crop lien or crap morigage shall not hoMecer, , he a lien prior to this mortgage on any crop eoming into ezistence subsequent to said foreclosure sale, "~ame into ' existence" and "coming into ezistence" shall, for the purpoae of this mortgage, mesn bloum in the exse of crops fram fier~sisl pl;intings and orchards, and shali mean plsnLing in the cese of crops from annual or more frequent plant- ings. lothinR herein contained, howc~•er, shall operate to aubordinate the licn of this mortgage as affecting trees or other perennial plants hut shall so operate as to the crops han•ested therefrom. ~ 1'o IIn~•e A~a To FioLn the above granted and described p:emises unto Mortgagee, its successors and assigns forever. 3fortgagor hereby coc•enants that :liort~agor is indefcasibly~ seized of the .liartgsged Yremises in fee simple; thnt Aiortga~mr is in actusl possession thereof and has full power and lawfui right to convey the same in fee simpic as aforessid; thzst it shull be lawful for '.1lortgag*ee at sll times to peaceably and guietly enter upon, hold, occupy € and enjoy pli of the ~tortgaged Premises; tliat the Mort~~ged Premises sre free from all Sncumbrances escept as t aforesaid; that :~Sortgagor will make such further assurance to pro~•e lfortgxgor's fee simple title as mav be reasonabl~ required and that \iortgagor will sad shall fully warrunt and defend the title to the same unto ~iortg- agee agsinst the lawful claims and demands of all persons whomsoever, ~ PROVIDED~ AL~9AYS~ and these presents are upon the express condition that if Diortgagor shall pay unto Afortgagee the sums of money s9 provided in the promissory note aforesaid and any eatensions or renewals thereof and interest therean, at the time and in the manner therein provided, whether in due course or under any cot•- enants or stipulations herein cantained, and shall pay all other indebtedness or liabilities secured hereb~• and shall well and truly keep, perform and complv with all the co~enant9, agreements and stipulations herein contained, then the estate hereby granted, bargained, sold and con~•ered shall cease and determine; otherwise these presents shall be and remain in full force and effect. And :lfortgagor herebc jointiy and se~•eraliq coren~nts anci ssgrees to and with Mortgagee as follows: 1. To pay all and singular the principal and interest and the various and sundry eums of money paqabte by ~~irtue of said promissorp note and this mortgage, each and ereri paomptly on the dazs resgectively the same severall~• become due, 2. To par all and singular the tuxes and sssessment5 et anti~ time imposed, levied or assessed on the l~iort~- aged Premises or the indebtedness seeured, hereb~, or the liortgagee's interest in the mortgaged premises before they bccome delinquent. Tag receipts shall be placed in the hands of ~tortgagee within ten (IO) days after pas•ment. 3. To keep the ~fortgaged Premises other than land continuo:ssl~• insured against loss by fire atid such other hazards as msy fram time to time be requested bv ;~fortgagee in companies and in amounts in each company as _ maf be approi•c3 by and be acceptaUle to ~Iortgagee; all insurance policies shull cuntain the nsual standard mortgagee clause making the loss pa~ able, without contribution, to \fortpagee as its interest ma}• sppear, and shall be delivered promptl~~ to and held by \ior4gagee. :r'ot less th$n ten days in advance of the eapiration of eacli palicv, to deli~•er to 1Sort~;3gee a renewal t}iereaf, to~etner ~sith receipt for the premium of such renewal. The proceeds of any such insurance or any part thereof mar be appIied b~• ;iortgagee at its option, either to the indebtedness hereby secured or to the restoration or repair of the property damaged. 4. To keep the biortga~ed Premises and the fiitures now or hereafter locat~d thereon in good ordee and repair; to permit, commit or suffer no waste, iznpairment or de~erioration thereof; to preser~•e, maintain and eare for any timber, past~.tres, orclisrcis~ citrus groces, ficlds and other agricultursl der~elopments now or hereafte: located thereon, including, but not being limited to, eultivation, spraying, dusting, pruning, fertilizing, liming, ~ ' draining, irrigating, protecting against damage by fixe and replanting when necessar~•, all to be dane in aceord- . ance with good husbsndry and the mast sppro~~ed methods af agrieultural management. 5. To complf as far as they affect the '_1lartgnbed Premises, with sll statutes, laws, ordinances, decrezs and ordcrs of the United 5tates, the State of Florida, and an~• political subdi~•ision thereof, 6. To pay to bfortgsgee upon demsnd all sums, including costs, expense and reasonable agent's und attor- ney's fees which it may ezpend or becom~ obligated for in proceedings, legal or otherwise, to establish or sustain ' the lien hereof oz its priori2y, or in defending against liens, claims, rights, estates ar easements of any person or persons asserting priority ~ereto, or in pafinent, scttlement, dis~harge, or release of any asserted liens, claims, rights, easements or zstates on counsel ad~ising Mortga~ee that the same is auperior to the lien hereof, or for r.n abstract ox supplementsl abstract, together wiLh interest on all such sums so paid at the rate of eight per cent (8~fo) per annLm on the date the aeme are paid. Mortgagot also cocenants and egrees to pap atI eosts, eharges and eapenses, including re,~sonable attorney's fees and commissions und ubstract charges or ezpenees paid ar in- . ~ 4,: ~