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HomeMy WebLinkAbout0663 NqRTGAGE DEED - PAGE TWO i ~ PARCEL 3: All that part of the N 1/2 of the NE 1/4 of tfie NW 1/4 of Section 32, Township 35 South, Range 39 East, which lies North of Canal No. 71 and between Canals No. 58 and State Road No. 8; and That part of the South 1/2 of the South 1/2 of the SE 1/4 of the SW 1/4 of Section 29, Township 35 South, , Range 39 East, EXCEPTING therefrom all rights of way _ for drainage canals and public roads, lying West of ~ Okeechobee Road. TOGETHER with all right, title and interest of Mortgagor in and to all pu~s, wells and drainage facilities loc~ted on the premises. - . All of the above containing 81.60 acres more or less. That part of the N 1/2 of the SE 1/4-of the NW 1/4 of Section 32, Township 35 South, Range 39 East, lying North and West of Okeecfiobee Road, excepting therefrom all rights of way for public roads and drainage canals ~ and consisting of 1.3 acres, more or less. THIS IS A PURCHASE MONEY MORTGAGE. TO HAYE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is i indefeasibly seized of said land in fee simple; that the Mortgagor has good ~ right and lawful authority to convey said land as aforesaid; that the Mortgagor ~ will make such further assurances to perfect the fee simple title to said land i in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully ~ warrants the title to said land and wi11 defend the same against the lawful ~ claims of all persons whomsoever; and that said land is free and clear of all ~ encumbrances. , ~ ; Until the purchase money mortgage shall be paid in full, Mortgagor i ° covenants and agrees he will at all tirr~es properly fertilize, spray, remove ~ ~ and replant dead trees, cultivate, care for and maintain in a productive condition ~ all of the grove now on said property, or hereafter planted thereon, in a husband- like manner as such groves are usually kept in St. Lucie County, Florida, and it shall be lawful for the Mortgagee, his heirs, executors, administrators, and assigns, at all reasonable times to enter upon said premises for the purpose of ~ inspecting the condition of said grove. ~ This mortgage shall constitute a lien upon all of the crop of citrus ~ and citrus fruits and all other agricultural products grown, cultivated, raised, ~ produced or to be grown, cultivated, raised or produced by Mortgagor on the ~ mortgaged premises. This lien shall be paramount and superior to any claims ~ for fertilizer, insecticides, other spray materials and labor used on the subject - premis~s; provided, however, Mortgagee agrees that upon request of Mortgagor, ' ~ Mortgagee will execute and deliver to Mortgagor a partial release of said ' mortgage, which partial release shall release from the lien of said mortgage ~ each crop as said crop is ready for picking. C z The promissory note described hereinbelow was executed solely for the i; purpose of evidencing the balance due on the purchase price of that certain rt property conveyed this day by Walter A. Dun and Lillian 6. Dun, his wife, to Mortgagor. The Mortgagor and maker of the promissory note shall not be personally ; ~ liable thereon for the principal or interest or other payment, including cost of ; collection and attorneys fees but the mortgagees and holders hereof shall look ~ Sg 3°; ~ ~ ~ T - ~~~K s~o . i ~,w ~ _ - _ ~_..H _ _ . _ ~~a i