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HomeMy WebLinkAbout2112 , ~ s - i of every nature sad klnd whateoever. save and e~ccept the foAowlag: . ~ f None s ~ ~ ~ And that said Mortgagors shall warrant and defend the sarae to the said Mortgagee againet the lawful claims ; and demauds of all persons. PROVIDI~D dLWdY3, and these preeents are upon this e~cpresa condition~ that if the said Mortgagor $ shall well and truly pay to the Mortgagee the above-deacribed promissory note or notes and any aad all renewals o! the same. or any part thereof. and aLso aqy and all other loans and/or advancements which may be hereafter made by the Mortgagee to the said Mortgago~ . ae hereinbefore described~ according to the tenor and effect thereof : And until payment in full of said indebtednesa~ the asid Mortgagor s sha11 pay the taxes and aa8eesmenta levied or aesessed oa the said premisea and citrus fruit crops, and shall keep all and perform each and every the oovenants and agreements herein set forth; then these presenta shall be void, and the estate. pledge and lien hereby granted~ { shaU cease and determine. TAB MORTGdGOKS agree(a) to give all of the citrus fruit trees on said prennises all the cultivation and care necessary for the production of a good merchantable crop of fruit each year during the continuance hereof, and~ at the expense of said Mortgagor s, to inaure and keep insured against any loas or damage by hail, windstorm~ frost and/or freeze to the satisfaction of. and when required by the Mortgagee all citivs fruit now growing or hereafter to be grown on said premises~ during the continuance hereof~ and in the event of failure to do so, the Mortgagee and/or ita agent, whenever in its discretion its intereat may so require, is hereby suthorized and empowered to enter ~ in and upon said land for the purpose of so cultivating and harvesting any or all of said dtnis fruit cropa~ and to ~ so insure said crops. ~ dND T88 MORTGdGOR S for themselves do(es) hereby promise. covenant and agree to pay to the ~ Mortgagee the sums of money and intereat as mentioned in said promissory note or notes, and any and all renewals ~ of the same~ or any part thereof~ and all other moneys hereinbefore descrlbed and secured to be paid as aforesaid, ~ and to pay all taxes and assesaments that may be levied or imposed upon said premises and citrus fruit crops, and to pay all coets. charges and expenses in collecting the moneys hereby secured~ including rex~onable attorney's fees and commissions, whether collected by foreclosure or otherwise; aad any and all moneys paid out by the said Mort- gagee by reason of the default of the Mortgagor S to pay the money so atipulated or by the failure of said Mort- gagors to perform any or all of the other acta. covenants and promises herein agned to, shall draw interest at the same rate as the promissory note or notes aforesaid, and shall be secured by this mortgage. It is understood and ag?~eed that this indenture secures the payment of any and all renewals of the aforesaid promisaory note or notea. and that the giving and receiving of renewals of any note or notes reprESenting the indebtedness hereby secured. ahall not in any respect waive or impair the lien created by this mortgage. It being further underatood and agreed by and betweett the parties hereto that the said Mortgagee is affiliated with and operates for the primary purpose of financing the production and harvesting of crops of growers who are members of citrus growers assocaations or organizations affiliated with and ahipping and marketing their crops through the Florida Citrus Eachange, and that one of the considerutions for the loan(s) hereby secured bein~ that the Mortgagor s shall ship and market all of the dtrus fruit crops hereinbefore descrlbed through the said , Florida Citr~s Exchange, and that unless the Mortgagors so ahip(s) and market(s) all of said fruit through said ~ Florida Citrus Exchange, the loan(s) hereby secured would not be made. the said Mortgagor s hereby promise(s), s covenant(s) and agree(s) to and with the MorFgagee: ! _ FIR3T: To immediately become and continue (a) member(s) of theRiver Front Groves, Inc. , ~ as long as said association or organization is active and affiliated with the Florida Citrus Exchange. but in case aaid ; association or organization becomes inactive~ or severs its relations with the Florida Citras Exchange. then. and in f that event. to become and continue (a) member(s) of another association or organization that is affiliated with the Florida Citrus Exchange, said association or organization to be desigaated by the Mortgagee, and to conform to all the rules and regulations and by-laws of said association or organization and of the Florida Citrus Exchange. which markets suid fruit for said citrua growers assceiation or organizaticn and to market through said association or or- ganization and said Florida Citrus Exchange~ and not otherwise. all of the citrus fruit now g~rawing or hereafter to ~ be grown on said Iand. during the entire period in which the aforesaid indebtedness, or any pa rt thei eof. is owing ? and unpaid, and in all events to so ship and market said fnut during the season(s) of 1968-b9 even ~ if the aforesaid indebtedness should be repaid before the entire citrus fruit for said season(s) is marketed. (It being ~ agreed by the parties hereto that a season begins September 1 and continues until August 31 of the next year). FIECOND: That the said citrus growers assceiation or organization and/or the Florida Citrus Exchange are here- ~ by directed and suthorized to pay the Mortgagee upon its written demand the proceeds of the sale of all such citrus Y fruit. the same to be applied to the repayment of said indebtednesa, until the same arith interest. insurance and costs ~ of collecting is fully paid and satisfied; the balance, if any~ of the proceeds to be then paid to the ~ortgagor s, as provided by the rules and regulations of said citrus growers as.gociation or organization and the Florida Citrua Eschange; however, it is expresaly agreed and fully underatood by and on the psrt of the Mortgagor that de- t livery of any crops to the said association or organization is voluntary and that the said assceiation or organization ~ and said Exchange is the agent of the Mortgagor$ in all transactions relative thereto and resulting therefrom; # that the failure of said association or organization or said Exchange to pay the proceeds of any sale or all sales to , the Mortgagee will not release or relieve the Mortgagor s from and/or of liability to pay the full a~nount due upon said indebtedness; on the contrary, nothing but an actual rECeipt of the proceeda of any sale in actual money ` ~ by the Mortgagee ahall be payment to it by the Mortgagor S. ~ TAIRD: That the said Mortgagee, at ita discretion, for the protection of its interest herein, may have said ` citrus fruit picked. packed and marketed at any time, and for that purpose the Mortgagor s hereby appoint(s) said ~ citrus gtowers association or organization' as its attorney-in-fact. acting by and through its officera, agent$ or em- i ployees, upon the demand of the Mortgagee to take charge of and pick,, pack and market said crop, in accordance ~ with this indenture and for the putQose of applying the proceeds thereof to the payment of said mortgage indebted- ~ neas secured hereby. a FOURTH: And it is further agreed that, if default shall be made in the payment of said sums of money, or any part thereof, as provided in said promissory note or notes, or as may otherwise become due hereunder. as the eame i ahall reapectively become due and payable, or if the interest due thereon, or upon any part thereof. ahall be in de- fault for thirty (30) days or if the Mortgagors ahall fail or refuse to cultivate the citrus treea on said premises, k or to pay all taxes and assessments that may be levied npon the eame, or to keep the citrus fruit crops now growing fi or hereafter to be growa on said land inaured as herein provided, or to pay the premium therefor, or to immediately ~ become and remain a member of said citrua growers association or organization, or to ahip and continue to ship and ~ market all of said citrus fruit crops through the said citrus growers assceiation or organization for the term herein ~ provided or if said Mortgagor s shall fail~ or neglect or refuse to keep and/or perform any of the oovenants, promiees ~ a ~oo~i7~4 ~A~~~~.0'~