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HomeMy WebLinkAbout0714 . • v V ~ • 1 , , . 15. The indebtedrtess aecured by thia mortgage ia l~rther aecured by ; $510,000.00 of mortgage life inburance aasigned to_payee b~r Rutherford H. Cook~ Jr., Buren F. Cook, Jr., Rot?ald (3. Naag~ B. C. ~ok & Sona, Inc., H. C. Cook & , ;Sons Groves, Inc., H. C. Cook & Sona, B. Cook & wife, Jimn?ie Lou Cook, W. S. Cook and ~rife~ Idilma lia~ccine Cook~ R. H. Cook and Wife, Hary Cook~ & B. 8. Cook and Wife, Vera Cook, all sub~ect to the proviefont~ or ~xhibit A attached hereto and made a part hereof, the terma of xhich are herein incorporat?ed i~lly by ref~rence~ and have been approved by signatures o! Rutherford H. Cook, Jr., Buren , 8.. Cook, Jr.~ Ronald (3. Haag~ S. S. Coolc & xiFa~ Ji~nie Lou Cook~ W. S. Cook and xi~e, WiLaa Mascine Cook,~R. H. Cook and Wite, Mary Cook~ B. S. Cook and xite, Vera Cook, and Officers-bf , nc., H: C. Cook' & Sona Gro~ea~ , Inc. and B. C. Cook & Sona~ Partnership, and mortgagor agrees to the terms of said : Sxhibit A. ~ - • - ~ - 1,5. The "Together ~rith" clause on the first pege hereof is hereby modified to the extent that the mortgagor does hereby mortgage, transfer, set over, assign arrd pledge ~ unto the mortgagee all citrus crops nox and hereafter eroxing on sAid premiaes, hereby giving and granting unto the mortgagee a first and prior lien thereon, provided, hoxevq~r, . that such lien ahall be and is hereby e~ressly made aub~ect and subordinate~to aYqr ` ; crop nartgage securing a loan made by a recagniaec~ Production Credit Association cover- ~ ing aqy citrus crop ~?hich comes fnto s~cistence by bloow pr3.or to foreclosure sale or other acquisition of the premises by the mortgagee w~der thia mortgage. Ar~r sucb crop ~ mortgage shall not~ hoxever~ be a lien prior to thia mortgage on aryr citrus crop coming into being b,v bloom subsequent to said foreclosure sale~ or other acquiaitionof the ' preadses by the•mortgagee. ~ l~d. And the said mortgagor further covenants and agrees~for so long as all, or ar~y part of the indebtedness secured hereby remains unpaid to preserve, maintain and care ' for the citrus grovea upon the above deseribed premises~ such care and maintenance to ' include cultivating, spraying dusting, pruning~ fertilising, xatering, protection ; against damage by frost and fire~ marketing of crops.and replanting of trees xhen , needed, all to be done in a husband-like manner and in accordance xith ap~roved methoda ' of grove culture~ ard agrees no t to top-~ork said groves xithout the Written consent of the mortgagee, provided Eurther that upon the failure of the mortgagor to fully comply ~ith ar~y or all provisions of the aho~-e covenants,the mortgagee,in addition to all its other rights and remediea for breach of covenants in this mortg~ge contained~ ~ and in addition to its right~ hereby express~y given~ to declauce~ a default upon the - breach of a~y such covenant, may, at its option, take such action as it deems necessary to preserve, maintain and care for the premises, and said mortgagee is hereby given full rights of ingress and egress to the premises securing this loan in order to pre- serve, maintain and care for such premises for so long as all or any part of the indebtedness secured hereby is wzpaid, ar~d ar~y reasonambe expense incurred by it in so doing shallbecome part of the indebtedness secured he~eby~ and shall eecome immedi- ately due and payable and shall bear interest at the highest legal rate per annum~ hoxever, it is expressly understood and agreed that the mortgagee is under no obli- ~ gation to do so, except at its oxr? election, and tailure oa the part of thamortgagee f to take a~ action hereunder shall not constitute a waiver of further breaches of ~ such covenants; it is further covenanted and agreed by the said mortgagor that he ~ irill not mine or cause~ authorize or permit ar~ mining of phospate~ limerock, lime- stone, clay, sand, oil~ petroleum or ar~q other mineral on thelands secured'.by this mortgage ~rithout the prior ~ritten consent of the mortgagee and upon any violation ~ of th:s cov~enant the xhole of the indebtedness secured hereby, at the option of the ! mortgagee, shall become immediately due and payable irithout notice~ and mortgagee shall ~ t have such other rights in case of default as ma,y be provided in the ntortgage of xhich ; this rider is a part. RIDFR ATTACRID TO AND MADE A PART OF MORIGAGE DATID ~ FROM B. C. COOK & SONS, INC., B. C. COOK & SONS G80 , C., B. . Z~ OK & S S, ~ . E. S. COOK & WIFE, JII~4lI$ IAU COOK, W. E. COOK & WIF'S, iiTII~J1 MAXCINS COOK, R. A. . J, CQCK & WIFE, ?lAftY COOK~ & H. E. COOK dc WIFE, VSRA COOK. - . r~ . . , . " : _ ' ' ' . . j. ~ ~ ~ . 1 t h ~ go~ i?6 ~ 7i3 ? - ~ F ~ • i Yy~ ? ~ ~~.c~.~Y'~ ...s...._ _ .