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HomeMy WebLinkAbout1840 Includiflg as a part of the real~y all perm~nently instal?.ed irrigatior~ systems and equipment, including all pumps,. motors, eng~nES, puap houses, tanks, pipes and mains, pipelines, tagether wi~h all equipment necessary for the use and opera~ion thereof, now or hereafter pla~ed on the premises, and any replac~m~nts or renewals thereof. • 21. Paragraph (a)(1) of the `'Together with" clause hereof is hereby modified to Che extent that Che mortgagor does hereby mortgage, transfer, ~ set over, assign and pledge ur~to the mortgagee all citrus crops now and hereafter growing an said premises, hereby giving and granting unto the mor~gagee a~irst and prior lien rhereon, pr~v~ded, however, that such lien shall be and is hereby expressly made subject and subordinate to any crop mortga~e securing a loan m~de by a recognized Production Cr~dit Assoc~ation covering a~y ci~rus crop which cames into existence by bloom prior to foreclosure sale under this morrgage. Ar.y such crop mortgage ~ shall not however be a lien prior to thi~ mortgage dn any citrus crop ~ coming into being by bloom subsequent to s~id ~oreclosure sale. 22. And the said Mortgagor further eovenants and agrees for so long as all, or any part of th~ indebtedness secured hereby remains unpaid to pXeserve, maintain artd care for the citrus groves upon the above described premises, such ~are and maintenance to include cultivating, spraying, dusting, pruning, fertilizing, wat~ring, proCection againsr damage by frost and fire, marketing of craps and replanting o€ trees when needed, all Go be done in a husband-like mann~r and in accordance with approved methods of grove culture, and agree not to top-work said groves wi~hout the written consent of the holder of this mortgage, provided ~urther that upon the fa~lure of the Mortgagor to fully comply with any or a11 pro- visions of the ab~ve covenan~s, the holder o£ the indebtedaiess secured h~reby, in addi,tion to all its other rights and remedies fo~ breach of ~ covenants in this mnrtgage contained, and in addition to its righ~, hereby expressly givena.to declare a default upon the breach of any such covenant, may, at i~s op~ion, take such action as it deems necessary to preserve, ' maintain and care far the premi~es, and sa~d ho~der of such indeb~edness ! is hereby given fu11 rights o£ ingress and egress to the premisQS securing this laan in order to preserve, maintain and car~ for such premises for so long as a11 or any part of the indebtedness secured hereby is unpaid, and any reasonable expense incurred by it in so daing shall become part of the indebtedness secured, hereby, and shall becam~ immediately due an d payable and shall bear interest a~ the rate provided hsrein for ma~ur~d obligations,~ however, it is expressly understood and agreed that the hoZder of such~ indebtedness is under na obligation Co do so, except at its own election, and failure on the part of such holder to take any action hereunder sha1Z not constituCe a w~iver of furCher breach~s of such covenants; it is further covenanted and agreed by the said mortgagor thgt he will not mzne or cause, authori~e ar permit any mining o£ phosphate, Iimerack, limestone, clay, san d, oil, petroleum or any other mineral on the lands secured b y this mortgage without the prior written consent 4f the Mortgagee and any violation af this covenant shall give the said Mortgagee the option to declare a default on said mvrtgage and accelerate Che principal balance due on the NoCe hereby secured, together with any other rights in case of defaulC as otherwise provided in this instrumen~. ~t~RK ~3~: ~4 ~ . f.