Loading...
HomeMy WebLinkAbout1473 SEVFNTH: 'I~at the tnortgagor agrecs M pay oa demand all ezpetues and attomeys fea incvrred by tt~e mortgagee ~ reason of litigation with third puties to protect the lirn o: thi3'mp~tgage and ~ll1 m~eys so paid by the mortgagec, mclu - iag any dcpense incvcred in pravring or coatinuing abstracts of title and title• policia and searching the records fot the purposes of such litigatioa, shall bear iaterat at the same rate as speci6cd ia the note secured hcreby on the priacipal thereof after default aad maturity~ and anq sud~ suau sopaud weth interat thereon shall constitute a? lien upoa sa~d prem~sa and be secured by this moctgage and in dcfault of immediate repafinent thereof by the mortgagor after demand, the whole indebtedness secvred hetebr shall at the option of the nwrtgagee become due and payable focthwith without notice. . EIGHTH: llut as fucther security for the paqmeat of said indebtedness and the performaace of all of the terms. c~~~+enants and rnnditioas hereof, thc mprtgagor doa hereby mortgal;e, transfer, set over, assign and pledge to tlu mort~agee the lasoi s iaterat and estate in all leases, induding but not I~cruted to gas, oil and miaera! Icases, now or hereaft~r a~ecting the said premisa or any put t6eceof, and all reats, issues, income, profits, royalties and bonuses due and to become due therc~ unda, and in the event of ~ default under any of the terms~ covenants aad conditions of this mortgage the mortgagee is hereby authorized and emp wered to rnlloct aad receive all such rents, issues, inmme, profits, coyalties and boauses due and to baome due aad to apply the same againsi said indebtedaess. So long, howeva, u there shall be no default hereunder dx mortga shall have the rigbt to collect and reaive any and all such rents, issues, inrnme. profits, royaltia and bonuses u thty ~~~~~pch'vdy become due and payable, and to use the same without aaounting to the mortgagee thercfor. ~T'H. lbat as fucd~er secucity for t6e payment of said iadebtedness and the performance of all of the terms, mvenants and caiditions hereof t6e moitgagot does 6erebp mortgage. tcaiufer, set over, usign wd pledge unto the mortgagee all cicrus and ochet aops no~v grawing and hereafcet grown on said premises, hereby giving and grwcing unco the mortgagee a firsc and prior lien chereoq provided, however, chac wch lien shall be and is hereby ezpressly made subjecc and subordinace to any uop anoctgage covering any citrus crops which come into cacistence by bloom prior to foreclosure sale as provided by this moctgage or any annual trops planted prior to said foreclosure sale~ the provisioas of paragraph Tenth hereof not- v?•ithstanding. Any such ctop mortgage shall not however be a lien prior to this modgage on any atnis crop toming into being by bla?m subsequrnt to said foreclosure sate, or on an~ annual aop planted subsequent to said forectosure sale. TENTH: "ll~at the mortgagee may teleue for such consideration, or none, u it may cequire, any portion of the above dacribed land without, ac to the remsinder of the secarity, i~ anywise impairing or a~ecting the liens and priorities herein provided for the mortgagee mmpared to any subordinate lienholder. ELEVEIV1~i: The net proceeds of any_jud~ment, award or settlement in any condemnation or other proceedi~g for any darn~ge to the premises, buildings or other 6xtures thercon shall be paid to the mortgagee and shall at its option, either be applied u a eredit on any portion of the unpaid balance of the note urured hereby, whether then matured or to mahue in the future, or be released to mo~tgagor. ' TWELFIH: T6at if t6e mortg3gor shall default in the performance of any of the rnvenants or agreements herein I mntaiaed, or iE an owner of said premises shall 6le a petition seeking an arrangement or compositian or extension or any t other relief under or pursoant to the Federa! Bankruptcy Ad or anv other similar statute as now or hereafter in tffett, or ; shall be adjudicated bankcupt or insol~ent or any of his property stiall have becn sequestercd and suth deaee shall have ~ rnntinued undisc6arged and unsta~ed for ninety days after the rntcp thereof, the entire mdebtednas hereby secvted, includ- ~ ing all payments for taua, assessments, insuru~ce praniums. Gens, attorneys fees and expenses 6erein spcufied, shall, at the option of the mortgagtr, and without notice to the mortgagor, be due and collectible at once by foreclosure or otherwise; and, ezcept u M pmperty abere such provision is prohibited by law, upon commencement of any foreclosure or at any time thereafter the mortgagee, u a matter of right, without consideration of the value of the premises, or whether thr property is probably inw6ecient to discharge the mortgage debt or is ia danger of being lost or removed or injured, and irrespechve of the solvrncy or insolveney of the mortgagor or the then oavner of said premises, and without notice to the mortgagor or any person daiming under him, shall be entided at once to the appointment of a receiver for said premises, to rnllect the rents, issues and pro5ts therefmm during thependency of suc6 foreclosure~ and the pr«eeds of sa~d receivership shall be ~ applied by said raeiver toward the payment of the indebtedness secured bp this mortgage~ or towud the payment of such part of the judgment rendered thereon u may rcKnain unsatisfred after the sale of said pranises, or to repay to the mortgagee any advancements which said mortgagee may make afta the commencement of foreclosure action for taxes, assessments. insurance or other charges as herein provided, to~ with interest thaeon at the same rate u speci6ed in said note secvred 6ereby oa the prina'pal theceof after default an maturity, and from the proceeds of said receivership said receiver may make naessary repairs and keep said premises in proper condition and repair pending such sale, and pay all taxes and assessmenis ~ aecrued or accmiag or redean from sala therefor and pay insurance praniums aaessary to keep said premisa insured in aaordance with the ptovisioas of this mortgage, and pay other oroper char~es u herein provided, and pay the expense of ~ the receivership. ~ THIRTEEI~TI'H: In c~se this mortgage be foreclosed by a suit in equity and the mortgaged premises be sold to satisfp ~ a deurr of foreclosure. the proceeds of such sale shalt be applied u follows: First, to the expensa incurred hereunder; i second, to a rasoa~ble attomry s fee not to exceed 5ve pertent of the indebtednas for such ucvices u may be naasary for the collectio~ of said indebtednas aad the forecioaure of this mortgage; third, to the {+ayment of v?•hatever sum or sums the ~ mortgaget ma~ lnvepu d or becorae liable to pay in carrying out the tecros aad stipul~t~ons of this modgage, together witb ~ interat thereon; and6nally to the payment and satisf~ction of said note. The balance. if any. shall, unless the Court decrce ~ otherwise, be paid into the registry of the Coud having jurisdiction of said foreclosure suit, to abide the further or~er of ~ said Coutt. FOURTEEI~TTH: T6at the mortgagor is lawfully seized of said premisa in fee simple aad has good cight and lawful authority to sell and oonv~q the samq that the same are fcee from encwnbranca exce~t u aforesaid, that it shall be lawfu! for the mortgagee at all timas, priceably aad quietly to enter upon, hold, oc~py aad en~oy said premisa snd evecy part thereof~ that the awrtgagor will tnaite or praure aay fucther naessary assurances of tide and does heceby forever wurant genenily the title to said premisa aad will fortva defrnd t6e sune against the claicns and demands of all persoat whomsoever, aad the ' mortgagor and the makus of said note apaially agree and dalue that the separate atate of tac6 of them, whether vested~ ~ coat;ngent or ia tspectancy, is hereby oonve~ed and shall be bound for the gayment of the debt haeby secured and each doa ~ hereby e:pressly aa~ve, release and rdinqu~sh all rights aad benefits of an~ homestead, appraisenxnt, rxemption or stay to a~hich they may be entided under the laws of the state in which said premua ue situate, together with all d~wec or curtesy rights. and all interats and atates, statutory and otherwise and of every nature whatsoever in aad to said premises. r'IFTEEIVTH: 'ILat t}~e giving of written aotice addrased to the ownen of tecord of said premisa or addressed to ~ the said oanen tt their last address actually furoished~'°~~~ E9F~~{~j~sed to the owners at uid premisa, and ~ 6~OK 1 /1 ~ ~ ? {A~ L 3 - - - - . _ ~ _ .