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Home My WebLink About1186 : 3t'~. a at every nsture and lcind whstsoever, save aad ea~oept the follairit~: No exceptions . And thst ssid l[ortgagor shall warrant and defend the same to the aaid ldortgagee againat tha 1s~vful alsia~s aad demaads of all persons. PROYIDBD dLWdY13, snd these preeeab are upan this e~press condition~ that it the said Yortga~or ebaD well snd tsuly puy to the L[ortgagee the abovedescribed promi~eory nots or notes aud an,y and a11 renenvaL ot t~ same, or a4Y P~ thereof. and aleo ae~y ~nd ail other loa~a and~or advancemeab which may bs hereatter made by the Mortgagee to tLe s4id Mortg~gor . as hereinbetors descdbed. ac~otdin8 to the ttaar and eifect thereoi: Md until paym~?t in itiU oi said indebtedaees, the said Mortgagor ahall paq the ta~ces and assessmenta levled or asseased on the said premises and dtrus lrnit cro~e. and ahall ~eep all and pertorm each and every the covenanb and age+eements herein set forth; thea theee preaents ehall be void, and the estate. Pledge and lien hereby grantea. aball ceeae and determine. THB YORTIidQOR sgree(s) to gtve sU ai the dtrue frnit trees on said pre~ieea all the cnltivaNo~ and cae~e neoeseary for the productlon of a good merchantable crnp oi fniit each year~ durlag the oontinu~u?oe hee~sot~ and. at the e:penee o~ ~sail'Mortgsgor . to insure and keep inanred againet at~y loss or damsge by hail, ~vindatorm. irost and/or fe+eese to the satistactlaa at~ and when required by the Mortgagee all dtrns irnit now growing or hereafter to be gro~vn oa said pnmises. dnring the oontinnsnoe hereof. and in the ~event-oi tailnre to do so. the Mortgag~ee and/or ita agent, ahenever in ib disoretion ita intereet maY so reqnire. is hereby suthorised and empowered to ent,er in and npon eaid land for the purpoee at so cultivating sad Larvesting any or all of said dtrns fruit crops, sad to so insure aaid crops. dXD TAB ~[ORT(3dC~OR for himself do(ee) hereby pro~iee, oov~iant and agree to p~y to ths Mdrtgagee tLe sums of mone~y aad interes~ as mentioned in said promissory note or notes, and aRy and sll reararaL of the same. or an,y pait therecf. and all other moneys hereinbeforr deacdbed and eecured to be patd aa aforesaid, and to pay sU t8a~ and asaea~nenta that may be levled or imposed upon esid prenafsea and citrua fivit crops, and to p~?y ali costa, charges and ~ in oollecHng the moneya hereby eecured, including rea~onable attorney's fees and commissiona. whether ooAected by loreclosure or otherwise: and any and all moneys paid out by the 8aid li~t gagee by resson o! the default oi the Mortgagor to pay the money so atipnlated or by the failure oi said Mort gag~or to pertorm aqy or all of t2~e other acta. oovenants and pro~nises herein agreed to. shaU draw interest at the same rate aa the promiesory note or notes aforeeaid, and eball be secured by this mortgage. It is nnderatood and agrex,~d that thia indentnre securea the payment ot aay and all rene~vals of the atoresaid pro~?isaory note or notes, snd that the gtving ~nd receiving o~ ren~als of anq note or notea repr~enting the indebtednees hereby aecured, shall not in an,y res~ect waive or impsir the lien created by this mortgsge. It bedng fnrther u~deratood and agreed by and between the partiea hereto that the said ~[ortgagee is afRliated with aad operatea for the Pdma~'Y Purpoee of finaacin8 the productioa snd Larveeting of crops o! growera who ue members of dtrns gt+owers associat~ons or organi~ations aifiliated ~vith and ahiPP~B and markeHng their crops thrnagb the Fl~ida Citrns mcchange. and that oae o~t the oonaiderationa for the loaa(s) bee+eby secnred beinR , that the Mortgagor ahall ehip and market aU of the dtros fniit crops hereinbetore de~ccrlbed thrnugh the edd F'lodda Citr.~s Ezchange. and that unless the Mortgagor so ahip(s) and market(s) sU of said fivit throngh said F1orlda Citrus Exchange. the loan(s) Lereby eecured wonld not be made, the said Mortgagor hereby Pro~ise(s), covenant(s) and agree(s) to and wtth the Mortgagee: ' Ft. Pierce Growers Association FlRBT: ~o immediately t~eca~ne and oontinne (a) member(a) of the ss long sa esid sesod8tion or organisatlon is active and.atHlisted wlth the Florida Cttras E~cchange, bnt in caae said aseociatlon or organization becam~ea inactive. or severa its relatlons with the Florlda Cttivs Eachange. then, and ia that eveat, to become and contlnue-(a) memb~(s) of aaath~ aseociation or organi~tion that is. afSliated with the F1orlda Citrus Eachange, said aseociation or organization to be designated by the ldortgagee, and to oonform to aII - the rnles and regvlatione and by-lawe of eaid association or organization and of the F1orlda C'itrus F~cchange. wLich markets said frnit for said dtros growers seeodation or orgsnizatian and to market through said aseocIatlon or aa~ ganization and said Florlda Citrvs Exchang~ and not othttwiae. aIl of the dttus fr~it now growing or hereatter ~o ~~n on ~a ~a, during tLe eatlre petlod in which tbe aforeeaid indebtedness. or any part thei eof. is a~ving and unpaid. and in all events to so ship and market esid irnit dnring the season(s) ot ev~ if the aforesaid indebtednesa ahould be repaid before the entlre citrus fruit for said season(s) is marketed. (It being agreed by the parties hereto that a season begina September 1 and continue8 nntil August 31 of the neat year). SSCOND: That the said dtrna gro~vers aaeociation ar organization and/or the Ftorlda Cihva Eachange are here- by directed and suthorized to psy the Mortgagee npon ite wrltten demand the proceeds of the sale of all such dtras fruit~ the same to be applied to the repaymeat af said iadebtedness, nntil the same with intereat. i~oaurance and ooeta of collecting is f~illy paid and eatisfled: the balance, if anY. ~ the proceeda to be then paid to the Mortgagor . as provtded by the rnles _snd regulations of eaid dtrns growers association or orgaairation and the '~'lorlda CItras Exchange; however~ it is eapressly agreed and fiillY underatood by and on the part o! the Mortgagor that de- livery of aay crops to the eatd sssociation or organization is voluntary and that the said asaoclation or organi:ation and said Exchange ia the agent oi the Mortgagor in all transactions relative thereto and resultlng therefram; that the failure of said assocfatioa or o~rganiaation or said Eachange to pay the proceeds of any sale or all salea to the Mortgagee wIll not releaee or relieve the Mortgagor from and/or of liability to pay the full amount dae upon said indebtednees; on the contrary. notLing but an actnal receipt ot the proceeds of any sale in actual m~~ by the l[ortgagee ahaU be payment to it by the Mortgagor . THIRD: That the said ldortgagee. at ita discretion, !or the protection of ite intereat herein, may have said citrus fruit picked. pacYed and marketed at any time. and for that purpoee the Mortgagor hereby appoint(s) said citrus grawers ae+sociatlon or organizatlon ss its attorney-in-fact, acting by and thraugh ita officera, agenta or em- ployeea. upon the demand of ffie Mortgagee to take charge of and pick, pack and market said crop, in accordanoe wlth this indenture and for the purpose oi applying the groceeds thereoi to the payment of aaid mortgage indebted- _ nees aecured hereby. ~ AODRTH: And it is further agreed that, ii default shall be made in t~e payment of said snma of money, or auy part thereoi. aa pmvided in said pt~omiseory note or notee, or as may otherwise beoome dne hereunder, ss the same ahall napectively beca~e dne and paqable, or ii the interest dne thereon, or upon any part thereof, ahall be in de- fault for thirty (30) days or ii the ldortgagor ahari fail or refuse to culti~?ate the citrus tr~es oa asid pnmises, or to pay all tazea and asaeasments that may be leYVled npon the same, or to keep the dtn?s fruit crope now growing or hereafter to be grown on ssid land inaured as herein providal, or to pay the premium therefor. ot to immediate.t~ become and n~oain a meanber of said dtrus growers saeociatioa or organization. or to ahip and continue to sbip sad market all of said citn~a iniit crops through the esid dtrur growers association or organisation for the term ha~is provi~ed or tf aaW ~[ortgagor sha11 fail. or neglect or retnse to keep and/or perform sny o! the ooveaaats, Pro~nises ~166 ~11~3 _ - ~ ~ ~