HomeMy WebLinkAbout3984 note se~vctd heccby on the principat thereoE after default and rruturit', and any such sums so paid ~vith jnterest thereon
sball constitute s lirn upon said premises and be secured by this mortgage and in default of immediate repaymrnt thereof
by the moctgagor after demand, the whole indebtedness secured hereby shsU at the option of the mortgagee become due
and pa'able focth~rith wnthout notice.
NINTH: '17~at u fucther security for the papmrnt of said indebtedness and the performance of all of the terras,
covrnants and condie~ons hereoF, the mortgagor does hereby mortgage. transfer, set over, usign and pledge to the moctgageo
the lasor's interat and cstate in al! leases, including but not limitcd to gas, oil and mincral leaxs, now or hercafter af~ecting
th~ uid premises or anr pact thtrcof, and all rcnts, issua, income, pro6ts, royalties and bonuses due and to become due there-
under. and in th~ rvc~t of a default under any of thc teKms, covrnants and conditions of this mortgage the mortgagee is
hereby authoriud and empo~vered to collect snd raeive all such tents, issua, income, profits, royalties and bonusa due and
to become due and to apply the same against said indebtedness. So long, however~ u there shall be no default hercunder the
moctgagor shall have the r~ght to coliect and receive any and all such rrnts. issucs, incomq profits, royatties and bonuses as
they rapectivdy baome due and payablt, and to ux the same without accounting to the mortgagee ~herefor.
TEIV1'H: T~ut as further secarity for the payment of said indebtedness and the performance of ali of the temu,
covenants and conditions hereof the mortgagor doa hereby mortgagc, transkr, set ov~r, assigr~ and pledge unto the mortgagec
all citcus and other crops now gc~owin~ and hereafter grown on said premises, hereby giving and grantinq unto the mortRagee
a ficst and prior lim thereon. provided, however, that such lirn shall b~ and is hereby acprasiy made subiect and subordinate
to any crop mortgage mvering any citrus ctops which ca~e ;nto cxistence bv bloom prior to foreclosure sale u provided
by this mottgage ot any annt:al crops planted prior to said foteclosure sale, the proeisions of paragraph Ele~~enth hereof not-
w~thstanding. Any such crop moctgage shalt not howerer be a lien prior to th~s mortgage on any atrus crop coming into
being b~ btoom subsequent to said foredosure sale, or on any annual crop planted subsequent to said forectosure sale.
ELEVEIVT'N: That the mortg:gee rruy release for such consideration, or none, u it may reyuire, my portion of th~
nbove desctibed land without, u to the remainder of the security, in aoy-wise impairing or afiecting the lirns and priorities
henin provided for the mortgagee compared to any subotdinate lienholder.
TWELFT'Ei: 'I~e net procetds of anv judgment, award or settlement in any condemr_ztion or other procceding for
anq damaqe to the premises, buildings or other fixiura thereon shal! be paid to the mortgagee and shall at its option, erther
be applied u a credit on anq portion of the unpaid balance of the note suurcd hereby, wh~ther then matured or to mature
in the future, or b~ released to mortgagor_
THIRTEENTH: 'Thzt if the mortgagor shal) default in the performance of any of the covrnants or agreem~nts herein -
contained, or if an owner of said premises shatt file a petition seeking an arranqemrnt or composition or extension or any
other relief under or pursuant to the Federal Bankruptcy Act or any other similu statute u now or hereafter in effect, or
shall be adjudicated bankrupt or insolvent or an~ of his property shall ha~e been seyuatered and such daree shall ha~e
continued undischuged and unstaped for ninety days after the rntry thereof, the entire indebtednas hereby securcd, includ-
i~g all payments for tua, assessments, insurance premiums, liens, attorneys' fees and exprnses herein specificd, sha11, at the
option of the mottgagee, and without noticr to the mortRaqor, be due and collectible at once bq Foreclosure or otherwise;
and, eacept u to propecty where such ~rovision is prohibited by law, upon commencement of any foreclosure or at an} time
thereafter the moctqagee, as a matter of right, without consideratio~ of the ~•alue Qf the premises, or whether the property
is probably insufficirnt to discharRe the mortqage debt or is in danRer of bein~ lost or remo~•ed or injured, and irrespertive
of the solvencp or iasolvrncv of the mortgaJ;or or the then awner of said premises, and without notice to the mort¢aqor or
any person claiminR under him, shall be entitled at once to the appointment of a receiver for said premises, to collect the
rents, ~ssua and profits therefrom during the prndenc~ of such foralosure, and the proceeds of said recei~ership shall be
applied bv said receiver toward the paymrnt of the indebtedness securcd bv this mnrtRa~, or toward the paymrnt of such
part of the judRrrtrnt rrndered thereon u mav remain unsatis6ed after the sile of said premixs, or to repay to the mortRaqee
any advancemrnts which said mortgagee may make after the commencement of foreclosurc action for taxes. assessmrnts.
insurance or other charRes u herein provided, toRether with interest thereon at the came rate as specified in said note securcd
hereby on the principal thereof after default and maturitv, and fmm the prcxeeds of said receivership said recei~•er may make
nertssary repa~rs and keep said premises in proper condition and repair pendinR such sale, and pay all taxes and assessments
• accrued or aaruinR or redeem from sales therefor and pav inwrance premiums necessary to keep said premises insured in r'
ucordance with the provisions of this mortgage, and pay other proper charges as herein pro.•ided, and pap the expense of
the receivership.
FOURT'EENTH: In case this mortqaRe be f~rtclosed by a suit in equity and the mortqaged premises be sold to satisfy
a decm of foreclosure, the proceeds of such sale sh~ll be applied as follows: First_ to the extxnses inctirred hereunder;
second, to a reasonable attornev's fee for such sen•ica as m~y be necessarY for the collection of said indebtedness aad th~
foralosure of this mortgaRe: third, to the payment of whaterer sum or sums the mortqaRee may ha~~e paid or become
iiable to paq in carryinq out the terms and stipulations of this mortqage, to~ethtr with interat thereon: aad finitly to the
pivmrnt and satisfaction of said note. The bala~ce, if any, shall. unless the Court decree ~tfierwise, be paid into thr reRistry
of the Court having jurisdiction of said foreclosure suit, to abide the further order of said Court.
FIF1'EENTH: That the mortgaqor is lawfully xizcd of said premises in fee simpie and has Rc~d ri¢ht and iawful
authority to set! and convey the same, that the same are frer from encumbrartces except as aforesaid, that it sha)1 be lawfu! for
tht mortgagee at all timts, peaceably and quietly to enter upon, hold, occupy and enjoy said premises and everv part thereof,
that the mortRaqor will euectite or ptocure anv further necessary usurances of tide and does herebv fore~~er warrant Renerallv
the title to said premises and will fore~~er defend the same a~ainst the claims and demands of alt persons whomsoever, and
the moetgagor and the mal:ers of uid note especially aqree and dalue ~hat the separate estate of each ~f them, whether .ested.
' continRent or in expettancv, is hercby con~eyed and shail be bound for the pavment of the debt hereby secured and each docs
hereby exprasly waive, release and relinyuish ~Il riRhts and bene6ts of any homestead, appraisement, exemntion or stay to
which they may be entitled under the laws of the state in which said premises are situate, together with all dower or curtesy
rights, and all interests and c~states, stztutor}~ and ~~therw•isc snd ~f c~erj• nature uhat~x~er in and tu said prcmiscs.
SIXTEENfH: T}~at the Riving of written notice addressed to the owners of record of said premises or addrased to
the sud owners at their lut addras actually fumished to the mort~agee, or addressed to the owners at said premises, and
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