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HomeMy WebLinkAbout1492 ~ 7- ~ ~ ~ . v \ ~ togetLer with all f~turea and all boildings, impro~emenb, irrigation aad drainage equipmeat (escluaive of portaLle pipe aad fittings and unmounted pumps) now or hereafter located on the premises, which sre Lereby declsred to be fizturw, aad all renewals, nplacemenb dAd 8ddltIODS to sucL fistnres, and all tLe nats, income, issue,, proceeds, produce aad profita of and fsom ihe Mortgaged Premis~s, together with all the nversions, remain- ders, ways, easementa, servitudes, streets, passages, rights. privileges, lands, tenements, bereditamenb and appnet enances thereunto belonging or in any wise appertaining, including apecifically and aot by way of limitation, all . water, ripaeian, irrigation and drainage righta, and oil, gas aad mineral rights and royaltiea. 111osraeaos Do=a FVRl'IIER IIIOLtBagC~ traasfer, set over, assign and pledgc nnto Mortgagee all cmps now grow- ing and hereafter grown on the mortgaged premises, hereb~ giving and granting unto Mortgagee a tirst and prior lieA thereon, providcd, however, that such lien shall be and is hereby made expressly subject and subordinate to any crop lien or crop mortgage encumbering crops Mhich come into ezistence prior to foreclosun sale as provided by this mortgage, the pro~•isions of clause 9 hereof notwithstanding. Any such erop lien or crop mortgage shall not howe~er, be a lien prior to this mortgage on any crop coming into ezistence subsequent to said foreclosure sale. "Come into e~istence" and "coming into ezistence" shall, for the purpose of this mortgage, mean bloom ia the case ot crops irom perennial pllntings and orchards, nnd shall mean planting ia the case of crops from annual ar more frequent plant- ings. 1~Tothing hcrein contained, however, s::all operate to subordinate the lien of this mortgage as affecting trees or other perennial plants but shall so operate as to the crops har~ested therefrom. To Hsvg Arrn To HOLD the abo~e granted and described p:emises unto Mortgagee, its successors and assigns forever. 111ortgagor hereby co~enants that 1liortgaqor is indefeasibly seiaed of the 1lfortgaged Pnmises in fee simple; that ,liortgagor is in actual possession thereof and has full power and lawful right to convey the same in fee simple as aforesaid; that it shall be lawful for ~fortgagee at all times to peaceably and quietly enter upon, hold, occupy and enjoy sll of the 1liortgaged Pre~ises; that the ~iortgaged Premises are free from all incumbrances rscept as aforesaid; that \tortgagor will make such further assurance to pro~e ~liortgagor's fee simple title as may be ; reasonably required and that \iortgagor will and shall f~llp warrant and defend the tide to the same unto ~iortg- agee against the lawful claims and demands of all persons ~vhomscever, PROYIDSD~ ALWAYB~ and these presents are upon the eapress condition that if :~iortgagor shall pay nnto 1liortgagee the sums of money as provided in the promissory note aforesaid and any utensions or renewals thereof and interest thereon, at the time and in the manner therein provided, whether in due course or nnder any co~- enanta or stipulations herein contained, and shall pay all otLer indebtedness or liabilities secnred hereby and shall well and truly keep, perform and comply ~vith all the covenants, agreements and stipnlations herein rnntained, then the estate hereby granted, bargained, sold and conveycd shall cease and determine; otherwise these presents shall be and remain in fnll force and effect. And ~ltortgagor hereby jointly and severally covenants and agreea to and with Mortgagee as follows: ~ l. To pay all and singnlar the prineipal and interest and the various and anndrp aums of money payable by virtue of said promissory note and this mortgage, esch and every prompdy on the days respectively the same [ severally become dne, i ~ 2. To pay all snd singular the tues and assessments at any time imposed, levied or asaessed on the Mortg- ! ° aged Premises or the indebtedness secured hereby, or the 111ortgagee's interest in the mortgaged premises before ( ~ they become delinquenk Taz reeeipts shall be placed in the hands of 1lfortgagee within ten (10) days after pat~ment. 3. To keep the ~iortgaged Premises other than land continuously insured against loss by fire and snch other hasards as may from time to time be reqnested by Mortgagee in companies and in amonnts in each company as ~ may be approved by and be acceptable to 11~ortgagee; all insurance policies shall contain the usnal standard mortgagee clause making the loss payable, without contribution, to ~lortgagee as its interest may appear, and shall be delivered promptly to and held by Diortgagee. ~Tot less than ten days in advance of the ezpiration of each policy, to deli~er to Vortgagee a renewal thereof, to~ether with receipt for the premium of snch renewal. The prceeeds of any snch insurance or any part thereof may be applied by ~iortgagee at its option, either to the ' ~ indebtedness hereby secured or to the restoration or repair of the property damaged. ; ~ 4. To keep the Mortgaged Premisea and the fiztures now or hereafter located thereon in good order and ~ ~ repair; to permit, commit or snffer no waste, impairment or deterioration thereof; to preserve, maintain and i care for sny timber, pastnres, orchards, citrus grovea, fields and other agricultnral developments now or hereafter ; locsted tLereon, including, but;not being limited to, cultivatioq, spraying, dusting, praning, fertilising, liming, ; draining, irrigating, protecting against damage by fire and replanting when necessary, all to be done in accord- ~ ~ anee with good hnsbandry and the most approved methods of agrienltural managemenG ~ ~ 6. To comply as far as they affect tbe ~ortgaged Premises, with all atatntes, laws, ordinances, decrees and S ~ } ~ orders of the United Statea, the State of Florida, and any political svbdivision thereof. ~ 6. To pay to 1lfortgagee upon demand all ~sums, including costs, ezpense and.reasonable ag~ent's and attor- ~ ney's feea which it may ezpend or become obligated for in proceedings, legal or otherwise, to establish or sustain ~ We lien hereof or its nori or in defendin a awst liens claims ri hts estates or easements of an rson or + P~ t7~ B 8~ > > 8. 7 Pe ~ ~ persons asserting priority hento, or in psyment, settlement, discharge, or nlease of any asserted lien~, claims, ~ rigLts, eaaementa or estatea on connsel advising Mortgagee that the same is anperior to the lien hereof, or for en ~ ~ 1 abstraet or snppiemental abstract, together with interest on alt such snms so paid at the rste of eight per cent ~ (896) per annum on the date the same are pdd. Mortgagor also coveasab and agrees to pay a11 oosb, chargea ~ and ezpenses, inclnding reasonable attorney's fees and commissiona and abstract chsrges or ezpenses paid or in- i ~ 600K ~Oc'7 ~k ~ , F' +~y , . ' ~ _ _ t`~i~ ~ .t-.~~ . 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