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HomeMy WebLinkAbout2676 tiUNSh'T AGENCY-Form I~iW6i This Inst?ument Was Prepared By: V_p JOHN H. SUTHERLAND, Attorney V , ~ Su«~, Y~o ~ 3 ~s ~coRTawa~ D~. msde aad aaecuted the 3~h aa~ o~ March ~ 79 70 by..._...HAFFIELD.CITRUS CORP,_.~..a.Florida_corporation, hereinatter called the ~iortgagor, which term shall include tLe heirs. legal representaUves, s~~cceasors and aasigni of the aaid Mortgagor whereve~ the context so ~equirea or admits. to.._.....GEORGE S. LAMBETH and BESSIE H. LAMBETH, his wife, ........._...24~2..1~~91~..~Y.~1~.u~~.....Y.ero.Beach,__ Florida__32960 hereinaiter called the Mortgagee. which term shall includa the heirs, legal repreaentaUves. eucceasors and assigns of the aaid Mortgagee wherever the context so requires or admits. WTIT7ESSETH: That for divers good and valuabla consideraUons, and also !n con~ideraqon oi the aSgre- gate eum named in the promisaory note ot even date herewith hereinatter deacrlbed. the said Mortgagor does hereby grant. bargain, sell, alien. remisa, release, convey and confirm unto the said Mortgagee, hia heirs. succeasors . and aseigns. all tha certain piece..... parceL.._ or tract._. ot land. of which the aaid Mort~agor is now seized and po~seased and in actual possession, situate in the County of_._..?~....~11G~._.___.and State oi Florids~ deacribed F as followa: The South quarter of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southeast quarter in Section 4, and the North half of the Northeast quarter in Section 9, all in Tawnship 34 South, Range 39 East; said land lying and being in St. Lucie County, Florida. Subject to all easements, restrictions, reservations, dedications and rights-of- way of record. If at any time during the term of this mortgage the citrus grove located on the above described property shall have a severe loss of fruit or shall have damage to the citrus trees which would cause a severe loss of fruit production brought about by an Act of God which shall include, but not be limited to, freeze, haii , fire, high winds, flood or drought, then. in~ that ever?t the mortgagor may have a moritorium on the principal payment c~ue on the mortgage in that particular fiscal year running from August 1 through July 31, and the mortgage would be automatically extended for that principal payment due for an additional year, to be added to the end of the term of payments as set forth in the ~romissory note for each moritorium allowed under the terms of this mortgage,°- provided, however, the mortgagor m~st pay the interest that would be due on the mortgage at the regular due date, it being understood that in the event that such a catastrophe should ever occur that the payment dates would be extended for an addi- ; ; y~~ :.a~~ year in ~,~hich a cat :strophe occurs. This provision is a personal ' ; privilege to the mortgagor and shall not be extended to any other subsequent owners ~ without the express consent of the mortgagees, or their assign~. ~ Mortgagor covenants and agrees to cultivate and otherwise keep, care for, improve and : ~ maintain the citrus grove now located on the above described land in good state of culti- ~ ~ vation according to *he stan~r~~ ~*_-evaal_ing in rhP vicinity of the land at the time. _ Mortgagees may not claim a default for failure to comply with this covenant until the ~ mortga or shall have failed to correct any such default within thirty (30) days after said de~ault shall have been brought to the attention of the mortgagor by the martgagees. ' THIS IS A PURCHASE MONEY MORTGAGE. Tp HAVE AND TO HOLD the same, together with all and singular the teneanenta, henditaments anA a~ purtenances thereunto belonging or in anywise appertaining and the reveraion and reversions, remainder and remaindera, rents, issue~ and proflta thereof and also all the eatate, r~gnt~ ~cta u?terest, proPerty. Poasesslon. claim and demand whatsoever as well fn law aa in equity of We eaid Mortgsgor in and to the aame and every part and parcel thereof unto the asid Mortgagee, and hia heirs, succesaors and assigns. ln fee aimple. And said Mortgagor, for himself. and his heirs, legal repreaentativea, aucce.~ors and as~igns, herebq covea- ~ ants with said Mortgagee, hie heirs, legal representatives, succeseora and assigna, thst satd Mortgagor 1s inde- ~ teasibly seized of said land in fee simple; that the said Mortgagor has tull power and lawtul rlght to conaey the ~ same in fee aimple as aforesaid; that it ahall be lawful for said Mortgegee, hle heire, legal npreseatatives, auo- ~ cessors and assigns. at all times peaceably and quietly to enter npon, hold. occupy and enioy aafd land and ever~ ~ part thereot; that said land ia free irom all incumbrancea; that aaid Mortgagor. hia helrs, legal repreaentaUves. successors and assigns, w-ill make such further assurances to perfect tha fee simple tiUe to said land in said G ~ Mortgagee, his heirs, legal regresentatives, successors and assign,. as may reasonably be requfced; and that sald ~ Mortgagor dce~ hereby fully warrant the tltie to ~aid lAnd and every part thereoi and wW detend the eame against ~ the lawful claim9 oi all persons whomsoever. . PROVIDED ALWAYS, That if eald Mortgagor shall pay unto the aaid Hortgages the cerWn promlasor~ note, ot which Lhe following ln words aad flgures 1s s true copy, to-wit: > ~ ~ ~ ~ ~ ~ 800K 18J PAGE ~U7e3 • ~ ~ _ . - t ~ ~ ~ ~,'k_~~~:~ _ __.,..C».__ . . _ .~,._a ._,.~~i~`-~