HomeMy WebLinkAbout1577 SEVI:NTH: That the mortgagor a~;rees to pay on dema.id a!1 exp.iises aiid attorne}'s' fces in,urred by the mortgagee b~~
reason of litigation with tl:ird parues to protect the lien of this monga~r and all moneys so paid by the mortgagee, inc,ud-
iag any e~cpenst incurred in procuring or continuing • ab3tracts of tifle sn9 title ~olicies and searching the records for
the purPoses of suth litigation, shall bear interest at the saate rate~ as specibtd in the note secured hereby on the principal
thereof after default and mzturit}', and an}' such sums so paid with interest thereon shall constitute a lien upon sai~ premisa
and be secured by this mortgage and in default of immediate repayment thereaf bp the mortgagor after .lemand, the «•hole
indebtedness setured hereby shall at the ortidn oF the n:ortgagee become d«e and paqabie forthwith ~vithout notice.
EIG~{TH: That a,i further securitp for the payment of ssid indebtcdness and the Ferformance of all of the terms,
co~•enants and canditions hereof, the mortgagor dces hereby mo:tgage, transfer, set over, assi~n and pledge to the mart~;a~et
the lessor's interest and estate in all leases, including but not limited to g~, oil and mineral leases, now or hereafter affecting
the said premises or anp part ttiereof, and all rrnts, issues, income, profits, royalties and bonuses due ar.d to become due therr
under, and in the event of a default under any of the ttrms, co~~enants ~.nd condikions of this mort,~ags the moctgagee is
h~reby authorized and ernpowered to collat and receive all such rer.ts, issues, income, profits, rovalties and bonuses due and
to bccome due and to apply the same against said indebtedness. 50 long, howevcr, as thetc shall be no d~fault hereunder the
mortgagor shall have the right to collect snd receive any and all such rents, issues, income, ptofits, roy~alties and bonuses u
they respccti~~ely brrome due and payable, and to use tht same withuut :~ccaunting to the morigagee tnerefor.
NINTH: That as further secvrity for the payment of said indebt~dness and the gerformance of all oi the terms,
covenants and tonditions hereof the mortgagor does heceby mortgage, transfer, set over, assign and ~ led~e unto the mort;~~ee
all titrus and other rrops now growin~ and hereafter grown on s.zid premises, hereby giving and grancing unto the rn~rtgagee a
5rsc and prior lien chereon, provided, however, thac such lien shall be and is hereby expressly made subjecc and subordinate
to any crop mortgage covering any citrus crops which come into existence by bloom prior to fore~losure sale as provided
by khis mortgage or any annual crops pIanted prior to said foreclosure sal;, the pro~~isions of pz:agraph Tcnth hereof no*-
withstanding. Any such crop mort~a~e shall not ho~v~ver be a lien prior to this mortglge on any citrus crap comin~ in~o
being by bIoom subsequent to said fore~tosure silc, ~c on an}• ann~a( crop planted subsequent to said foreclosure sale.
TE[\i1'H: That the mortgagce may release for such consideration, or none, a. it may require, any portion of the above
described land without, as to the remainder of the sec~ritt~, iZ an~•~~•i;~ impairing or aHecting the liens and priorities herein
provided for the rnortgagee compzred to any subordin:ete lienholdcr.
ELEVENT'H: The net proceeds of any juci~ment, a~vard or settlement in an}• condemna:ion ~r other procee.iin~ for
an}' damagc to the premises, builc~ings or other fixtures tl~erc~n shali t~e paid to the mortgagee and shall at its option, either
be applied as a credit on any portion of the unpaid balance of the note secured hereby, n•hethet then matured or to mature
in the fu;,:cc, .,r be reieased to rriortgagor.
'I'~i/EI.~TH: That if the mortgagor shall default in ttie performance of any of the covenants or agreements herein
contained, ot if ar~ owner of said premises shall 5le a petition seeking an ~rranr,;ment or composition or extension or am~
other relief under or pursuant to the Federal Bankruptcy Act or any other simit~r st~tute as noR• or hereafter in e$ect, or
shall be adjudicated bankrupt or inwh~ent or any of his property shalf have been sequestered and such decree shall havr
tontinued undischarged and unstayed for ninety days after the entry thereof, the entire indebtedness hereby secured, includ-
ing all paj•ments for taxes, assessments, insurance premiums, liens, attorneys' fees and expenses h~rein speufied, shall, at the
option of the mortga~;ee, and without notice to the mort~a~or, be doe and collectible at oncz by foredosure or othercvise;
and, except as tc property where such provision is prohibited by law, upon commencement of any foceclo~ure or at an}~ time
thereafter the mortgagee, as a matter of right, without consideration of the value of the pren~ises, or whether ihe property
is probably insufficient to discharge the mort,~a~e debt or is in danger of being lost or remo~•ed or injured, and irrespective
of the soh~rncp or insolvencq of the m~rtgagor or the then owner of said premises, and without notice to the mort~agor or
any gecson claiming under him, shall be entitled at once to the appointment of a receiver for said premises, to cotlect the
rents, issues and profits therefrom during thepe ndency of such forecIosure, and the proceeds of said retei~•ership shali be
appl;e~~ by said receiver toward the payment of the indebtedntss seaired by this mortgage, or toward the payment of such
part of khe judgment rendered thereon as maq remain unsatisfied after the sale of said premises, or to repay .o the mortgagee
any advancements which said mortgagee may make after the commencement of foreclosiire action for taxes, assessments,
insurance or other charges as herein provid~d, together with interest thereon at the sarne rate as specified in said note secured
hereby on the principal thereof after default and maturity, and from the proceeds of said receivership said receiver may make
necessary repairs and keep said premices in proper conditien and repzir pending such ssle, and pay all taxes and assessments
accrued or accruing or redeem from sales there€or and pay insurance premiums necessary to keep saie~ premises insured in
accordance with the provisions of this mortgage, and pay other r,roper charres as herein provided, and pay che ex~ense of
the rt~ceivership.
'THIRTEENTH: In case this mortga~e be f~re~lo~ed b}' ~ suit in ec~uit}• and the mortgaged premises be so.d to satisfr
a.i~~_~« of tor~clossre, thc ~roceeds of such sale shall t~e ap~~lie~i as follo~rs: Fir,, to :he ex~:enses incurred hereun~icr:
second, to a reasonable attorney s fee not to exceed five percent of the indebtedness for such services as map be r.ecessary fnr
th~ cul(crtion of said indebtedr,ess and the foreclosure of thii mortgage; rh::d, to the papment of v~~ha;erer s~:rr: or sum. the
mortg,~gee may have paid ot become liable to pay in ~arrying ouc the terms and stipulations of this rnortgage, toietner «~ith
interest thereon; and finally to the payment and sati~faction of said note. TF.e balance, if any, shail, unless th; Court ,!ecree
otherwise, be paid into the registry of the Co~rt ha~~ing jurisd~ction of said furec;osnre suit, to abide tt~e furthcr o~.3-r of
said Court.
FOL'R'I'~ENTH: 'I'hat the mortga,~or is lawfully seized of said premises in fee simple and has good right and lx~ful
authoriry to sell and tonvey tht same, that the same are free From encumbrances exce~t as aforesaid, that it shall Ix lawful for
~irr ~rioctgagee az al! times, peaceably and quletly to enter um~, hold, occvpy and en~oy said premisas and every part thertof,
tl~at the rnortgagor will ezecute or procure any furthtr necessary assurances of title and does fiereby forever warrant generallp
the title to said premises and will forever defend the same aqainst the claims and demands af all persons whomsoever, and the
mortgagor and the makcn of said note espetially agree and dedare that the separate esta:e of rach of them, whether vested,
contingent or in txptetancy, is hertby conveqed and shall be bound for the payment of the debt herebq secured and each dots
hereby expressly wa~ve, release and relinquish all rights and benefits of anp homesteast, appraisement, exemption or stay tn
~vhich they may be entitled under the laws of the state in which said premises are situate, together a~ith all do~ver or nirtesj
rights, and all interests and estates, statutory and otherwise and of ever~ nature ~a•hatsaever in and to said ~+remises.
f~7FTEENTH: That the giving of written notice addressed to the on~ners of record of said premises or addressed to
the said owners at their last address actuallp fumished to o , or addressed ta th: owners at said premises, and
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