Loading...
HomeMy WebLinkAbout1417 t ' SEVENTH: That the morthagor agrees to pay on demand all ex- ~ penses and attorney's fees incurred by the mortgagees by reason o I litigation with third parties to protect the lien of this mortgag } and all moneys so paid by the mortgagees, including any expense i ~ curred in procuring or continuing abstracts of title and title ~ policies and searching the records for the purposes of such litig ~ tion, shall bear interest at the sRme rate as specified in the no ~ . secured hereby on the principal thereof after default and maturit , and any such sums so paid with interest thereon shall constitute lien upon said premises and be secured by this mortgage and in de fault of iimnediate repayment thereof by the mortgagor after deman , the whole indebtedness secured hereby shall at the option of the mortgagees become due and payable forthwith without notice. EIGHTH: That as further security for the payanent of said ~in debtedness and the performance of all of the terms, convenants an conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledge to the mortgagees the lessor's inter- est and estate in all leases, including but not limited to gas, oil and mineral leases, now or hereafter af£ecting the said premi s or any part thereof, and all rents, issues, income, profits, royal ties and bonuses due and to become due thereunder, and in the eve of a default under any of the terms, covenants and conditians of this mortgage the mortgagees are hereby authorized andempowered to collect and receive all such rents, issues, income, profits, royalties and bonuses due and tQ become due and to apply the same against said indebtedness. So long, however, as there shall be no default hereunder the mortgagor shall have the right to colZect a receive any and all such rents, issues, income, profits, royalties and bonuses as they respectively become due and payable, and to use the same without accounting to the mortgagees therefor. NINTH:~ That as further security for the payment of said in- debtedness and the performance of all of the teYms, covenants and conditions hereof the mortgagor does hereby mortgage, transfer, set over, assign, and pledge unto the mortgagees all citrus and other crops now growing and hereafter grown on said premises, here ~ by giving and granting unto the mortgagees a first and prior lien ~ ~ thereon, provided, however, that such lien . shall be and is hereby ~ expressly made subject and subordinate to any crop mortgage cover- , ing any citrus crops which come inta existence by bloom prior to ' foreclosure sale as provided by this mortgage or any annual crops ° planted prior to said foreclosure sale, the provisions of Paragrap ~ Tenth hereof notwithstanding. Any such crop mortgage shall not ~ however, be a~lien prior to this mortgage on any citrus crop comin ~ into being by bloom subsequent to said foreclosure sale, or on any ~ annual crop planted subsequent to said foreclosure sale. ~ TII~1TH: That the mortgagees may release for such cansideratio ~ or nane, as it may require, any portion of the above described ~ land without, as to the remainder of the security, in anywise im- ~ pairing or affecting the liens and priorities herein provided for ~ the mortgagees compared to any subordinate lienholder.. ~ u; II.EVENTH: The net proceeds of any judgment, award or se ttle- ment in any condemnation or other proceeding for any damage to the ~ premises, buildings or other fixtures thereon shall be paid~to the ~ mortgagees and shall at their option, either. be applied as a credi ~ on any portion of the unpaid balance of the note secured hereby, ~ whether then matured or to mature in the future, or be released to ~ ~ mortgagor. ~ ~ TWELFTH: That if the mortgagor shall default in the perform- ~ ~HaRLES E. sec~ ance of any of the covenants or agreements herein contained, or if ~,-par.Er ~f ~AM an owner of said premises shall file a petitian seeking an arrange- * IuC~E COVNTv ~ s.~:K sui~aNa ~ . ~ P o sox.» --4-- =T PiERCE, fLORiDA ~w~~~~ ~ ~ ~ ~ ~ ~yv., _ _ _ _ - .-.._Y . Y~