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Home My WebLink About1805 SEVENTH: That the mortgagor agrees to pay on demand all expensa and attorneys' fea inaured by the moctgsgee by reason of litigation with third pacties to protod the lirn of this mottgage and all moneys so pud by the mongagcc~ includ- ing any expens~ incurrecl in procuring or continuing abatncts'of titte and title polici:s and scacching the reconls fot the purposes uf such Gtigation, shall bear iaterest at the same nte as spcci6ed in the note secured hereby on tbe priacipal thcrcbf aftcr default and maturity, and any such suau sopa~d with interat theceon shal! constitute a lien upon s~d premues and be scrure.f by this mortg3ge and in default of immediate repaymeat thereof by the mortgagor after dan3nd, the wholt indebtedness secuced hereby shall at the option of the mortgagee become due aad payable forthwith without notice. EIGH1'H: That as further security fot the payment of said iadebtedness and the performanct of all of the terms, co~enants and con.~itwns hereof, the morcga~or dces heaebq mortgage, transfer, set or•er, ~s.;~gn and pledge to the mortgagte the lessor's interest and atate ia all leases, iaduding but not licnitecf to gas, oil and mineral leases, aow or hereaftec at~ectiag the said premi~es or any part thereof, and all raits, ~ssues, income. profits, royalties and bonuses due and to become due thert- undrr, and in the e~ent of a default under aay of the terms, covenants and conditiocis oE this mortgage the mortgagee is 6ereby authorizeci and empowered to rnllect and receive all such rents, issues, IACOIIlE. profits, royalties and bonusa due and to become du~ and to apply the same against said indebtedness. So long, however, u there shall be no default hereunder the mortgabor shall have the nght to cotlcct aad caei~ e any and al! such rents, issues, incoine, profits, royaltia and bun~:ses u they ~espect~~~rly become ~iue and ~J•able, and to use the sune without accounting to the mortgagee chercfur. NINTH: That as further security for the pasment of said indebtedness and the performance oE all o: the terms~ covenants and coaditions hereof the mortgagoc does hereby mortgage. traasfer, set over~ assign and pledge unto the rrn~rtgagee all cicrus and other crops aow growing aad hereafcer groan on s.ud preanises, herebp giviag and grancing unm the mongagee a firsc and prior lien chereoq provided, however, chac such lim shall be and is hereby ezpressly made subjecc and subordinace to any crop mortgage rnver~ng any atrus crops a•hich come into existence by bloom prior to forectosure sale as provided by this mortgage or any annaal crops pl3nted prior to said foralosure sale, the provisions of paragra~h Tenth hereof not- w~thstanding. My such crop mortgage shall not however be a lien prior to thu mortgage on any citrus crop rnming into being by bloom subsequent to sa;d foreclosure sale, or oa any annual aop planted subsequent to said forectosure sale. TENTH: 'I~at the mortgagee may release for such consideration, or none. as it may require. any portion of the above described land without, as to the remainder of the secvrit~, i~r~w~ise impairing or affecting the lieas aad priorities herrin provided for the mortgagee compared to anp subordinatt lienholder. ELEVENTH: The aet pcoceeds of any judgnnent~ award or settlrment in any condemnation or other proceeding for ~ anv damage to tht premises, buildings or other 6stures~ thereon shall be paid to the mottgagee and shall at its option, eithu k be applied u a atdit oa any portion of the unptid balance of the note secured hercby. a~hether thrn matured or to mature in the f uture. or be releued to modgigor. ' € TWELFTH: That if the mortgagoc shall default in the performance of any of the co~•enants or agreements herein ' ~ eontaincd, or if ao ov?ner of said premises shall 51e a petition seekiag an arrangement or composition oc extcns~oa or w~ ` other retief under or pursuant to the Federal Bankcuptcy Act or aay other similu statute u noa oc hereafter in effect~ or pt r ` shall be adjudicated bankru or insotvent oc an~ of hu propertJ shall 6ave been sequeuered aad such decree slull ha~re ~ continued undischarged and unstayed for ninety days afte~J the rntty thereof, the rnure endebtedness hereby secvred, indud- ; ing ail pay-meacs for taxa~ usessments, insurance premiua'lt, liens, attoraeys fees and ezpanses 6aeia speafied, shall, at tbe j ~ option of the moctgagee, md without notice to the mortgagor, be due and collectible u oace by foceclowre or otherwise; and, ezcept u to property where such prwision is prohibited by law, upon commencemeat of any foreclosure or it any time ! theceafter the mortgagee~ u s matter of right, without consideration of the vzlue of thr premisa, or whether the propert~ ' is probably insufficirnt to discharge the mortgagt dcbt or is in danger of being lost or tano~•ed or iajured, and 'uresprctive ~ of the solvrncy or insolvrncy of the mortgagor or the thtn ov?•ner oE said premises, and w~ithout notice to the mortgagor oe ' ~ny person claiming under him, shalt be rncided at once to the appoiatment of a raeiver for said premisa, to collect tbe ~ ~ crnts. ~ssua and profits therefrom during ihe~ency oE such foralosure, and the proceeds of sud caeivership shall be ~ ipplied by said meiver toward the payment of the in~i~tedneu secured bJr this monga~e. or towud the payment of such ~ part of the judgmeat rendered thereon as mar recnain uiuatisfied afta the sale of said premises. or to repay ta the mortgagce ~ ~ any advancements which said moctgagee may malce after the cocrunencement of foreclosure action for ta~ces. assessments„ 1 ~ insurance or other chuges u hercin provided, tog~1~~ with interat there6a at the same rate u speci6ed in said note sscurod hereby on the principa 1 therrof after default and maturity~ and fronn the pr«eeds of said receiversh;p sa~d receiver maq make necessary repaia and keep said pcemises in proper condition and cepair pending such sale, and pa} at! taxes and assessinenb ~ urrued or aaruing or redeem from sala therefor and paq insurance premiums naasar~ to keep said premises insured in accordance aith the provisions of this moctgage, aad pap other propet thuges u hecein prov~ded, and pay the ezpcnse of the receivecship. i THIRTEFNTH: In case this mortgage be forectosed by a suit in equity and the tnortgaged premisa be sold to satisf~ a decree oE foreclosure, the proceeds of such sale shall be applied as follows: Ficst~ ta the acpecues incvrred hereunder; ~ saond, to a ra~sanable attomey s fee not to eucced 6ve percent of the iadebtedaess foc such servica as may be nccessacy for ; the collection of said indebtednas and the foralosure of this mortgage; third, fo the payment of whatever sum or sums the t mortgaget ma~ tuvep~ d or become liable to pa~ in curying out the terms aad stipulations of this mortgage~ t~ with ~ interest thereon; and finall~ to the payment an satisfaction of said aote. 'il~e balana, if any. shall, unless the urt daree otherwise, be paid into the r~gistry of the Court haviag jurisdidion of said focetloaure suit, to abide the futther order o! said Coott. FOURTEFNTH: T~at the mortgagoc is hwfully seiud of said premisa in fee simnple and hu good right and hwful authority to sell aad convry the same, that the sa~e ace free from rnnunbracxes ezaQt u i~oraaid, that it s!W! be lawful for the mongagee at ill tima, peueably and quietl to eater upon, hold, oavpp aad en~q said cu~isa aad e~tcy part tbecrof, that the mortgagor will aoe~vte or pcaure aay ~iutber nectssat~ usurances of tide md doa ~ fore~a w+uruit genenll~ the tide to said pnmisa and will foceva defend the same aguast the claims and demaads of all persons ~v6omsor~u~ and the . moctgagoc and the malcecs oE siid oote apaiallt agcee and dalare that the ~epuate esete of a~ of them, wbether vested~ ooot~ngent or in apectanc~?, is here~ conve~ed and shaU be bound fa tbe payment of the debt hereby secvred and each dou 6erebr aprasl~ ~ruve, release and celinquish alt righb and benefits of a~ homestead. appnisernent, esemption or sta~ to which they rttay be entitled nndet the laws of tht state in which uid Prem~sa art situate, together with alt dower or curtesp righcs, and xll intetats aad atites~ statutory and otherwise and of every nature whatsoever in and to said premises. FlFTEII~TI~~: 'Ihat the giving of writtm notece addrased to the owners of cecocd of said ptemises or addrtssed to the ~aid owoen at their last addras actually fumished to the moctgagee, or addressed to ~''1~ said~ and 6 oK~l r 7i ~ar~ ~ _ ~ : - - . . a= ~ . . . - ~