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HomeMy WebLinkAbout0889 r SEVENTH: That tlie mortgagor agrees to pay on demand atl expenses and ~ttorne}'s' fees inc~rted by the mo:tga~ec by~ reason of l~tigation with third parties to protect the lien of this mortgage'and all'mon~~~s sa paid by the mnrtgagee, includ- ing any e~cpenst incurred in procuring ot continuing abstr~cts of title and title policies and searching the recotds for the pur~oses of suth liti~ation, shall bear interest at the same rate as specifa~d in the note secured hrreby on the printipal thereof afrer default and maturity~, and any such sums so paid «~ith interest tiiereon shall constitute a lien upon said prNmises and be securcd by this mortgagc and in default of immediatr repayment thereoi by~ the mortgaror after demand, the whole in~ebte~ncss sea~red hereby shall at the o}~tion of the n~ortgagee hecome ~lue aad payable forthW ith without notice. EIGHTH: That as furiher securit}' for the payment of said indebtedness and the performance of all of the tertns, covenants and tonditions hereof, the mortgagor does hereby mort~age, transfer, set o~•er, assi~n and pledge to the mortgagce the lessot's interest and estate in all leases, including but not limited to gas, oil and mineral leases, now or hereafter af~ecting the said premises or any part thereof, and all rrnts, ~ssucs, income, profits, royalties and bonuses due and to become due there- under, an~~ in the event of a default under any of tht terms, co~~enants and conditions of this mortgage the mortgagee is herebp authorized and empowered to collect and receive all such rents, issues, income, profits, royalties and bonuses due and to bec~mc due and to apply the same against said indebtedness. So long, however, as thtre shall be no default hereunder the mor:g~gor sh~ll ha~e the riRht to collect and receive any and all such rents,, issues, income, pro6is, ropalties and bonuses u thty respectivrly bttome due and payable, and to use the same without accocntin~ tu the mortgagee therefor. NINTH: That as further secvrity for the payment of said indebtedness and the performance of all of the terr~s. covenants and conditions hereof the mortgagor dces hereby mortgage, transFer, set over, assign and pled~e unto the mort;a~ee all cirrus and o*.her crops now growing and hereafccr grown on said premises, hereby giving and granting unto che martga~ee a firsc ar,d prior licn thereon, provided, however, that such lirn shall be and is heseby expressly made subject and subordinate to ~ny crog mortb: ge covering any citrus crops w•hich corne into existence by bl~om prior to forcelosure sale as pro.~i~ied by~ this mortgagc or anp annual ctaps planted prior to sai~~ foreclosure sale, the pro~•isions of p~ragraph Tcnth hercuf not- withstanding. Rny such crop mortga~e shall not however be a lien prior to this mortgzge on any citrus crop coming in,o being by bloom subsequent to sa;c~ toreclosure sale, ar on any~ annual crop planted subsequent to s:.id foreclosure saie. "1'EN"I1-l: That the mortgagee may release for such consi~ieratipn, or non~., as it rnay require, any ~.~rtion c,f the ;zba~•e described land without, as to th~ remainder oF the securitt~, i:~ anS~w•ise impairing or affecting the liens an~ priorit~es ltercin pr~vided for the :nortgagee compared to anr subor~jinzte !ienholder. EI.F.VE~I'I~~: The net proceeds of :.ny~ jud~menr~ 1SY~C~ or settlement in any co ~demnation or other proceeain,s for anti~ dama c co the premises, build;ngs or othcr tixtures the;~•en shall be paid to the mortgagee anc3 shall at its ot~tion, eithet be applie~ as a tredit on any portion of the unpaid bal:~nce uf the note secure~i l;rreby, a~hether then nz ,ti:rcd or to mature in th~ future, or be released to mortgagor. `I'WELFTH: That if the mortgagor shall default in the performznce of any of the covenants or agreements herein rontained, or if an oH~ner of said prem~ses shall 61e a petition seekin~ an arran~etnent or co:nposition or extension or jrn other relief under or pursuant ta the Federal BankruFtcy Act or an~ ether similar statute as now or hereafter in effect, or shali be adjudicated bankrupt or insolvent or anr of his propertq shall have been secjuestered and sucti decree shall havr tontinued undischargc ~ an~i unstayed fot ninety days after th~ entry thereof, tl~e entirP indebtedness hereby secured, indud- ing all payments for taxes, assessments, insurance premiums, liens, attorne}~s' fees anc~ expenses herein speclfied, shafl, at the ot tion of the mortgagee, and without notice to the mortgagor, be due and collectible at once bS• foreclosure or otherwise; and, except as ta 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, a•ithout considera,tion of tht value cf the premises, or a•hether the property is ~robably insuf~cient to discharge the mortgage debt ar is in dai~ger of bcin~ lost o~ removed or iajured, and irrespective of the solvency or insolvency of th~ mortgagor or the then owner of said premises, and without notice to the mortgagor or any gerson daiming under him, shall be en;itied at onc~ to the appointment of a recei~•er for said premises, to collect the cents, issues and profits therefrom during thep~ ndenc~ of such foreclosure, and the j;roceeds of said receivership shall be appiie~i b~ said recei~•er toward the payment of the inciebtedness secured by this mortgage, or toward the payment of such part of the judgment rendered thereon as may temain unsatisfied after the sale of said premises, or to repay tn the mortgag:e any advancements which said mortgagee may make after the commencement of fore,losure action far taxes, assessments, insurance or ather charges as herein provided, to~ether with interest thereon at the same raie as specified in said nate setured hereby on the priati pal thereof after default and maturity, and from the pruceeds of said receivership said teceiver may make netessary repairs and keep said premises in proper condition and c~epair pending s~ich sale, and pay all taxes and assessments accrued or accruing or redeem from salFs therefar and pay insurance premiums necessary~ to keep said premises insured in accordance a~ith the provisions of this mortga~e, and paq cather proper char~es as herein nro~~ided, and psy the expense of thc receivership. 'TH[RTEENTH: In case this mortgage be forcclosed b}~ a suit in cquity and the murtgaged premises be sold to satisfy a:;c,r.r ~,i to:r,lusure, the protceds of suth sale shall be ap~+lied as fallon•s: First, to the expcnses incurred t:ereun.ier second, to a reasonable attorney's fee nat to exceed five Fercent of the indebtedness for such senices as may be necessary for the rn{Iectioa of said indebtedness and the Foreclosure of this mortgage; third, t~ the ~ay~ment of ~~hate~•er sum or ~um~ the mort~aRee may have paid or become liable ta pay in carrying out tne terms and stipulations of this martgage, tot;ether with interest thereon; and finally to the pa}ment and satisfaction of said note. The balance, if any, shall, uniess th~ Court decree othera~ise, be paid into the regis±ry of the t:ourt having jurisdict;on of said foreclosure suit, to abid;; the further order of said Court. FOURTEENIZ-i: T'hat the mort~a~;or is lan•fully seized of said premises in fce simpie and has good right and lawful authp:iry to sell and convey the same, that the same are free from encumbrances except as aforesaid, that it shall be lawful for the mortgagee at all times, peaceably and quietly to enter upon, hold, occupy and enjoy said premises and every part thereof, that the mortgagor will eYecute or procure any further aecessary assurances of title 1nd does hereb~ forever warrant generalty the title to said premises and will forever defend the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of said note especially agree and declare that the separate atate of each of them, whether vested, tontingent or in expectancq, is herzby conveyed and shali de bound for the payment of the debt hereby setured and each does hereby expressly waive, release and relinguish all rights and benefits of any homestead, appraisement, exemption or stay to «~hich they may be entitled undcr the laa~s of the state in which said premises are situate, together with alt dower or curtesy rights, and all interests and estates, statut~ry and otherwise and ~~E evcry nzture a~hatsoever in and to said ~remises. 1'I~TEENTH: That the giving of a•rikten notice addresse~ to the oR~ners of record of said premises or addressed to the said owners at their last address ac!ually furnished to the mortgagee, or addressed to tl~e awners at said premises, and g~~~ 128 ~90