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HomeMy WebLinkAbout2616 PROVIDED ALWAYS, that if said mortgagor shall pay unto said mort- gagee the certain promissory note hereinabove substantially copied or identified, and shall perfornn, comply with and abide by each stipula- tion thereof, and of this mortgage, then this mortgage shall cease and be null and void. . In the event of destruction by hurricane, hail or freeze of i:~t less than 509G of the citrus crop, matured or unmatured, to be deter- mined by three reputable citrus growers, (one selected by mortgagor, one selected by mortgagee, and the third selected by the two previous designess), the maturity of the then next ensuing principal install- ment hereunder shall be deferred to become due and payable on or be- - fore one year following the last installment. The relief afforded shall be at the option of the mortgagor and shall be cumulative in effect; that is to say, the provisions hereof will be applicable to the losses sustained mentioned above occuring in more than one single year. In the event this mortgage or the first mortgage mentioned above shall beco~ne in default under any provisions cantained herein for more than 30 days after written notice thereof has been provided by mortgagee to mortgagor, mortgagee shall have the right to have a re~ ceiver ap~znted to assure that mortgagee will from that point there- after be entitled to receive the net proceeds of the sale of all fruit picked from the above grove until the above emntioned default has been rectified. AND the mortgagor hereby covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in said note and this mortgage, or either, to pay all and singular the taxes, assessments, levies, liabilities, obligations and encum- brances of every nature on said property; to permit, commi.t or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time, to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and ; covenants set forth in said note and this mortgage or either. In the ; event the mortgagor fails to pay when due any tax, assessment, insurance ~ p=emium or other sum of money payable by virtue of said note and this ~ mortgage, or either, the mortgagee may pay the same, without waiving or ~ affecting the option to foreclose or any other right hereunder, and all ~ such payments shall bear interest from date thereof at the highest law- ~ ful rate then allowed by the laws of the State of Florida. ~ ~ ~ IF any sum of money herein referred to be not pramptly paid within ~ 30 days next after the same becomes sue, or if each and every the agree- ~ ments, stipultations, conditions and covenants of said note and this ~ mortgage, or either, are not fully performed, complied with and abided ~ by, then the entire sum mentioned in said note, and this mortgage, or ~ the entire balance unpaid thereon, shall forthwith or thereafter, at the ~ option of the mortgagee, become and be due and payable, anything in said ~ note or herein to the contrary notwithstanding. Failure by the mortgagee ~ to exercise any of the rights or options herein provided shall not con~ ~ _ stitute a waiver of a~y rights or options under said note or this mort- ~ . ~c~age:,acc~s.~d or thereafter accruing. , ~ . 1; ~ • . , r; , • IN WITNESS WHEREOF the mortgagor has caused y - f•,.~": these presents to be executed in its name, and its cor- _ ~ porate seal to be hereunto affixed, by its proper officers . : - ~ ',~c. thereunto duly authrized, the day and year first above - w itten. ~ ` ~ (~Q~iirc/ VARN GROVES, INC . " ATTHST ~ ean F. Varn,Secretary B 1,at..- r2t . (JR/1.?.~~ ~ Signed, sealed and de 'vered in Y ' the esence Myr n M. Varn, President ~ n~ ~ j ' j " ~ , b00K PAGL ~UU ~ ~ , ..~~1~ _ . . _ _ , . . ~ ~ - rr va a=`;~"'~'~-,~.~- : _ ~ ~ r Y `u .