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HomeMy WebLinkAbout2257 ~ i i togeWer with all fiztures and all bnildings, impro~emenb, irrigation and draiaage equipment (ezcluaive oi portabie pipe and fittings and unmounted pumps) now or hereafter lceated on the psemises, whicL are benby declared to be fizture.y and atl reaewals, replacemente and additioas to aucL i~tures, and all the rents, iacome, issues, procecda, produce aud profits oi aad from tbe Mostgagod Premisea, together with ell tLe seoenions, remain- ders, wsys, eaaement~, servitudes, ~tnets, pasaagea, rjghts, privilegea, lands, tenements, hereditameats and appurt enances therennto belonging os in any wise appertaining, including apecifically and aot by w~y oi limitation, all wster, riparian, irrigation and drainage righta, and oil, gaa and mineral rights snd royalties. Z~~OR?QAQOR Dosa Fvnr~ise mortgage, transfer, set o~er, assign and pledge aato 1liortgag~ee all crops now grow- ing and hereefter grown on the mortgaged premises, hereby giving and granting nnto Mortgagee A first and prior 2ien thereon, provided, howe~er, that such lien shal! be and is hereby made ezpresaly subject and subordinate to any erop lien or crop mortgage encumbering crops which come into e:istence prior to foreclosure sale as provided bp this mortgage, the pro~•isions of clause 9 hereof notwithstanding. Aay sueh crop lien or crop mortgag~ shall not howe~er, be u lien prior to this mortgage on anq crop coming into ezistence subsequent to said foteclosure sale. "Come into ecistence" and "coming into ezistence" shall, for the purpost of thia mortgage, mean bloom in the case of crops frow perennisl plantings and orchards, and ahall mean planting ia the caae of crops from annual or more frequent plant- inp,s. Ir'othing hcrein contained, howe~er, shall operate to subordinate the lien of this mortgage as aifeeting trecs or other perennial plants but shalt so operate as to the crops hsrrested therefwm. To H~~e Axn To ~~OLD the abo~e granted and described p:emises unto \iortgagee, its successors and nssigns forerer. \Iortgagor hereby corenants that ~fortgagor is indefeasi6ly seiaed of the ;tortgaged Premises in fee simple; that ~tortgagor is in actual possession thereof and has futl power and lawful right to coavep the same in #ee simplc as aforesaid; that it shall be lawfnl for ltortgsgee at all times to peaceablp and quietly enter ugon, hold, occupy and enjoy all of the 1lortgsged Premises; that ihe Aiortgaged Premises are free from all incumbrances ezcept as aforesaid; that :1lortgagor will make sueh further assurance to pro~e 11lortgagor's fee simple title as msy be reasonably required and that ~iortgagor will and shatl fnlly wanant and defend the tide to tLe same unto ~iortg- { agee against the lawful claims and demands of all persons whomscever, f PROYID~D~ ALWAYS~ and t6ese ptesents sre upon the e:press condition tt~at if I?iortgagor shall pay nnto ~ hiortgagee the snms of money as provided in the promissory note aforesaid and any eztensions or renewals thereof ~ and interest thereon, at the time and in the manner therein provided, wbether in due course or under anp co~- enants or stipulations herein contained, and shall pay all other indebtedness or liabilities secnred hereby and shall we11 and truly keep, perform and comply with sll the covenants, agreements and stipulations herein contained, then the estate hereby granted, bargained, sold and conveped shall cease and determine; otherwis~ these presents shall be and remain in full force and effeet. And lliortgagor hereby jointly and severally covensnts and agreea to and with 11Sortgagee as follows: 1. To pay sll and singular the principal and interest and the various and sundry sums of money payuble by virtne of said promissorp note and this mortgage, each and every promptly on the dsys respectively the same severally become dne, 2. To pap all snd singular the taaes and assessments at any time imposed, levied or asaessed on the Mortg- ~ eged Premises or the indebtedness secuted hereby, or the ~iortgagee's interest in the mortgaged premises before : they become delinquent. Taz receipts shall be placed in the hands of :~fortgagee vvithin ten (10) days after ~ pa~menk 3. To keep the \fortgaged Premises other than land continvouslp insured against loss by fire and such other ~ hasards as msp fram timie to time be reqaested by 1liortgagee in companies and in amounts in each company as k may be npproved by and be acceptable to 111ortgagee; all insurance policies shall contain the usnal standard ; mortgagee elanse making the loss paSable, vvithout contribution, to ~fortgagee as its interest may appear, and ~ shalt be delivered prompdp to and held by ~iortgagee. :~Tot less thaa ten daps in advance of the ezpiration of eac6 policy, to deli~er to ~iortgagee a renewal thereof. to~ether with receipt for the premiam of snch renewal. The procceds of any snch insurnnce or any part thereof m~~ be applied by jiortgagee at its option, either to the indebtedness hereby secured or to the restoration or repair of the progertp damaged. 4. To keep the Mortgag~td Premises and the fi~ttures now or hereafter located thereon in good order and ~ re air • to i p , permit, rnmmit or snifer no waste, impairment or deterioration thereof ; to preserve, maintain and ; care for any timber, pastures, orchards, citrns groves, fields and other agricultural developments now or hereafter located thereon, ineluding, bu~ not being limited to, cultivation, spraying, dusting, praning, fertiliaing, liming, j draining, irrigating, protecting against damage by fire and repIa~ntiag when necessary, aII to be done in accord- ~ ance with good hnsbandry and the most approved methods of agricnltural managemenk s ~ 6. To eomplp as far aa they sffeet the ~ortgaged Premises, with all atatutes, laws, ordinances, decrees and . orders of the Uaitod Statee, the State of Florida, and anp political sabdivision thereof. ' 6. To pey to bfortgagee upon demand atl sums, inclnding costs, ezpense and reasonable agent's snd attor- ney's feea ~vhich it may ezpend or become obligated for in proceedings, legnl or otherwise, to establish or sustain ; the liea bereaf or its priority, os in defending againat liens, claima, rights, estatea or easemenb of an~ person or ` ; persons ssserting priority hereto, or in papment, settlement, discharge, or release of any asserttd liens, claims, ! rights, easements or est~?tes on coonsel advising Mortgagee that t6e same is snperior to the lien hereof, or for r.n abstraet or snpplemental abstract, together with interest on all aueh snms so paid at the rate of eight per cent (89fn) per annnm on the date the same are paid. Mortgagor also covenanb snd agrees to pay all costs, charges and e:penses, including reasoneble attorney's fees and commissiona and abstract chsrges or ezpenses paid ot in- ~ aoox 14z ~5~ ` ~ - ~ ~ ~ ~ ~ ~ r~ _ ~ << _