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HomeMy WebLinkAbout1364 - ~ :y!' ~ ~ ~ . ~ of every nature aad kiad ahatsoever. ~sw aad ezcept the followln~: „ ~ None ~ _ . ` ~ ~ And thst said Mortgagor s ahall ~rarrant and defeiCd the same to the said Mortgagee against the lewhil claims and demauds oi all persons. PROVIDSD dLWdYB, t~nd the~e presenb are upon thie expreus c~oadition. thut ii the said Mortgagor a shall well and t~ruly pay to the Martgagee the sbove-described promissorY nots or notes aad aqy aad sll ranewals o~ the : same, or say part thereot, and also ~qy and all oth~ loeuos sad/or advanoementa which m~y be herealter made by ~ the a[ortgagee to the eaid Mortgagor s, aa hereiabefore descrlbeG, a~xwrdi~?g to tho tenor and ettect thereo~t: And until payment ia fnll o! eaid indebtedaess. the aaid ~[ortgagor s ahall p~y tha tases and aeeesementa levied' or asseaeed on the said pre~nieeR and cttrn4 truit crops. and shall keep all and perform each and every the covenanta and agreementa hereia eet forth: then theee preaents ahall be void~ snd the estate. pledg~e and lien herebY 8r'anted,. ; ahaU cease and determine. T8S YORTGd(30S S agcee(e) to give all a# the cit~vs iruit trees on eaid premisea all the cultivation and cara n~?ry for the production o! a good merchantable cebp of fruit each year durtng tLe oontinuance hereot. and. at the expense of said Mortgagor s. to insure and keep ineured againat any loes or damage by hail, wtndatoran. !'roat ; snd/or fr~ese to the satlsfaction o!. and when required bY the Mortgagee all citn~s fruit now growing or hereafter to be grown on said premisea~ during the oontinnanoe hereof. and in the eveat of failure to do so~ the Mortgagee snd/or ita agent, whenever in it8 discretion its intereet may so reqnirer is hereby suthort~ed and empoaered to enter in and npoa said land for the purpose of eo cultivat3ng and har~r°4tiag any or all of said dtr~s frnit crops. and to eo inaure said cropa . d1VD THS MORTadQOR S for thewselves do(es) hereby pru~iee. ooveaant and agree to pay to the Mortgagee the suma of money and intereat as menNoned in said promiesory note or notee, snd any and all renewala of the same, or any part thereot~ and aU other moneya hereinbeforo descrlbed and secured to be paid ss aforeeaid. and to pay all taxes and asseesments that may be levied or impo~ed upon said premises snd dtnis fruit crops~ ancP to pay all costs. charges and eapenees in oollectin8 the moneys hereby eecured, inclnding reanonable sttorney's fees- and c~ommisaions, whether collected by foreclosure or otherwfse; and sny and all moneys paid out by the said MorE-- 0 gagee by reason oi the default of the Yortgagor s to p~? the money ao stip~ileted or by the failnre o! aaid Mort-- gagors to perform aqy or all of the other act8. oovenant$ and promiees hereia agreed to. sball draw interest at the same rate as the promiseory note or notes aforesaid, and ahall be secured bq this mortgage. It is nnderstood and' agreed that this indeature secures the payment of any and all renetivals o! the aforesaid pr~isaory nots or notea. and that the giving and rec:eiving of rene~aals of any note or notes representing the indebtedness hereby secured, shaU: not in any respect waive or imp~air the liea created by thia mortgage. It being further underetood aad agreed by and between the parttes hereto that the said Mortgagee is afHliated~ with and operates for the P~~'9 P~'P~ ~ financing the praduction ~and:barv~atiag~ oi crops oi growera who are meanbers of cit=vs growers aseociationa or organiaatlons afHliated ~vlth sad shipping and marketing their crops through the Florida Citrvs Ezchange, and that one o! the oonsiderations for tha lpsa(s) Lereby eecured being that the Mortgagor s ahall ship and market all of the dtr~a frnit crops hereinbefore described throng~ the said Florlda Cltrexs Exchange, and that nnlees the Mortgagor s ao ahip(s) and ma~k~t(s) sIl ~of said fruit through esi~ . F'lorida Citrus Eachange, the loan(s) Lenby secured woald not be made, the said l[ortgagor s herebq pro~nise(s), covenant(s) and agree(s) to and wlth the Mortgagee: FI1t8T: To immediately becoane and oontinue (a) me~mber(s) of the MINl'ON S[~I INC. ~ 'i as long as said aseociation or organizatlon is active aad sffiliated with the Flodda Cltr~s Etachange. bnt in case 8sid ~ aseocistion or organization becomea inactive, or seve~ its relations with ffie Flortda Citraa Exchange. then. aad in ~ that event, to beca~ne sad continne (a) member(a) of another sesociatlon or organisatioa that is affiliated wlth the , Florida C'itrus Eachange, said aseociation or organizatioa to be designated by the Mortgagee, and to eonform to all ~ the rulea snd reguiadons and by-lawa of eaid assodation or orgsniaation and of the F9orida Citrus Eachange, which markete aaid fruit for said dtrus growers aseociadon or organization and to market through said aseociation or or- ganiaation and said Flortda Citrus ~change, and not othe~vise, all of ffie dtras finit now growing or hereatter to be grown on eaid land. during the mtirt perlod in which the aforesaid indebtednesa, or any part the~eof~ is owtng and unpaid, and in all events to so ship and mark~ said frnit dnring the seaeon(s) of 1968-69 if the aforesaid indebtednees should be repaid befon the entire dhvs fn~it for esid eeason(s) is mar~eted. (It being agreed by the parties hereto that a sesson begtns Septembe~' 1 aad cuntinu~ until Augoat 31 of the next year). $SCOND: That the said dtrus growers aseocistion or orSanization and/or the Florida Citrvs Exchange are here- by directed and authorir.ed to paq the Mortgagee np~ its wrttten demand the prooeeds of the sale of all snch dtrus fruit, the same to be applied to the repayment o~ said indebtedness, nntil the same with interest, insurance and oosts of oollecting ia fuUy paid and satlafled: the balaace. if any. of the proceeds to be thea paid to the Mortgagors , as pmvided by the rnles aad regulations ot said dtrua gr~wers assoeiation or organisatlon and the Florlda GYtrus Eschange; however. it is eugreealy agreed and fiilly understood by and on the part~ of the Mortgagor s thst de- livery of any crops to the aaid aaociatlon or organisstion f~ volnntary and that the said association or organimtioa and eaid bccbaage is the agent of the Mortgagoars ia sII transections relative thereto and reeulting ther~rom~; that the failnre of satd associatton or organisation or said Pscchange to pay the proceeds o~ aay sale or all saiea to the Mortgsgee wlll not releaae or rellcve the liartgagor s irom snd/or oi llabilitq to paq the ltiill amonnt due upon said indebtcdneas; on the contrary. nothing bnt an actnal receipt ot the proceeds of any sale in actual money by the Yortgagee ahaU be payment to it by the Yortgagor s. ~ TAIRD: That the saW Mortgagee. at its discretion, for the pmtection of its intereat herein. may have esid citrus fruit picked. gacked aad marketed at sny time. and for that purpase the Mortgagor s ba'eby appoint(s) said ~it~ ~oW~ ~~t~on or o~~?aon ~ it~ atton?~?-in•fact. a=3ng by and through ita officers, ageats or em- ployeea, upon the demaad of the liortgagee to take charg~e o! and pick, pack and market said crop, in accordance ~ with this indenture and for tbe purpose ot applying the prooeeds tbereot to the payment of said mortgage indebted- ness eecured hereby. _ 1~OURTB: And it ia lyrther agreed that, if default sha11 be made in the p~syment oi eatd sums of money, or any ~ part th~eof. sa provided in said pro~niasory note or note0. or as maq otherwiae ba:ome due hereunder. aa the same ~ ehall respectively becaone due and payaWe, or if the inta~eet dne thereon, or upon any part thereof~ sball be in de- fault for thirty (30)'dayb or ii the Yortgagor a eha11 tail oe' nfuee to cultlvate the dtrus't:+ea~ on said premi~a. or to pey sll taxea and aes~aaments that may be levied npon tbe same. or to keep the dtrus irnit csops now gmwrin~ or hereatter to be gco~wn on said land in~nred as berein provided. or to pny the premium therefor. or to immediatelq become and nmain a member of ssid dtrus growus a~sodstion or organization. or to abip ~ad crnqtinne to ship aad market all of aaid dtrns irnit crops through the aid dtrus gro~vers aasociaUon ce oe~ariisstion for tbe term berein prnvided or if add Yortgagar s sha11 fdl, or ne~lect or retuse to keep and/or pertorm aay of the ooveaants, premi~a S~i'76 ~i36Z . 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