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Home My WebLink About4591 note sccured hereby on the principal thereof aEter defautt and maturity, and any s~ch sums so paid with int~rest thereon shall constitute a lirn upon said premises and bc securcd by this moctgage and ~n default of immediate repaymrnt thereof by the modgagor after demind. the wholc indebtedness sccured hereby shall at the option of the mortgagee become due and payable fodhwith without notice. NINTH: 'I~at u fucthcr security for the paymrnt of said indebtedness and the performance of all of the tertns, ~Kderi~ts aa~ ~ditibn~li'ereof, the mortgagor do~s hereby mortgige, tnnsf~r, set over, assign and ptedge to the mortgagee the lessoi s intecest and?atate in all leases, including but not limited to gas, oil and mineral leues, now or hereafter afiecting the said premisesor an~p~st thereof, and all rrnts. issues, income, profits, royaities and bonuses due and to become due there- under, and in the event of a default under any of the terms, covrnants and conditions of this mortgagc the mortgagee is hereby authotiud and empowercd to coilect and receive all such rents, issua, income, pro6ts, royalties and bonus~s due and co~becoine du~ and tb apply the same against said indebtedness. So long, however, as there shall be no d~Eault hereunder the mortgagor shall have the right to collect and recei~e any and all such rents, issues, income, profits, royalti~s and bonuxs as they rapectively become due and payable, and to use the samc without accounting to the mortgagee therefor. TENTH: That u further secvrity for the pavment of said indebtedness and the performance of all of the terms, corrnants and conditions hereof the mortgagor does herebq mortga~, tnnsfer, set over, assign and pledge unto the moctgagee - all citrus and other crops now growinR znd hereafter grown on sa~d prcmises, heteby gi~ ing and grantinq unto the mortRagee a fint and prior lirn thereon. provided, however, that such lirn shall be and is hereby exprasly made sub~ect and subordinate to any ctop moctgage covering any citrus crops which corte into existence bv bloom prior to foreclosur~ sale u providcd by this mortgage or any annual crops planted prior to said foreclosure sale, thc pro~~isions of paragraph Ele~•enth hercof not- v?•ithctanding. Any such tr~p mortgage shall not however be a lien prior to this mortgage on an~ ntrus crop coming into bcing b~• bloom subsequent to said forectosure sale, or on any annual crop planted subseyuent to said foreclosure sale. ELEVENTH: 'Il~at the mortgagee may rel~ase for such consideration, or none, as it may require, any pottion of the ,M~. .i.vriM.~ lan.~ with~n? ~c tn th~ rrmain~ier nf the u~cvritv. in anvwisc impairin¢ or affectin¢ the liens and priorities - herein provided for the moctgagee cemparcd to any subordinate lienholder_ TWELFI'H: 'Ilu net proceeds of anv judgment, award or settlement in any condemnation or other proccedin~ for any damaRe to the premises, buildings or other 6xtures thereon shall be paid to the mortgagee and shall at its option, e~ther be applied u a credit on ano portion of the unpaid balance of the note sectired hereby, whether then matumd or to mature - ! in the future, or be released to mortgagor. ! ; THIR'TEEIV'I'H: That if the mortgagor shall default in the performance of any of the covenants or agreements herein G contained, or if an owner of said premixs shall 61e a petition secking an arranqement or composition or extension or any ~ other relief und~r or pursuu~t to the Federal Bankruptcy Act or any other similar statute as now or hereafter in ef~ect, or ; shall be adjudicatcd bankrupt or insolvent or am~ of his property shall ha~•e been sequestered and such decree shall have ~ continued undischuged and unstayed for ninety-days after the entry thereof, the enhre indebtedness hereby'secured, indud- ing all pay~rnents for taxes, assessmrnts, insurance premiums, liens, attorneys' fees and exprnses hcrein speci6ed, shalt, at the ~ option of the morigagee, and without notice to the mortRaqor, be due and collectible at once by foreclosure or otherwise; ~ and, rxcept u to propecty where such ~rovision is prohibited by law, upon commencement of any forcclosure or at ans t~me thereafter the moctRagee, as a matter of right, without consideration of the value of the prem~ses, or whether the property ~ is probably insufficient to discharRe the mortqage debt or is in danRer of beinR lost or remo~~ed or injured, and irrespecti~e $ of the solventq ot insol~encv of the mortgaRor or the then owner of said premises, and without notice to the mort¢aqor or tQ~ anq petson daiminq under him, shall be entitled at ona to the appointment of a receiver for said premises, to collect the ~ rents, ~ssues and profits therefrom during the pendencs of such foreclosure, and the prcxeeds of said recei.ership shal) be ~ applied bv uid receiver toward the paymrnt of the indebtedness secured b~ this mortRaRe, or toward the payment of such ~ pact of the judRment rrndered thereon as mav remain unsatisfied after the sale of said premiscs, or to repay M the mortRaRee ~ anv advantemrnts which uid mortga~;ee may make after the ccunmencement of foreclosure aciion for taxes, assessments, ~ insurance or other charqes u herein prov~ded, to~eth~r with interest thereon at the same rate as speci6ed in said note secured hereby on the principal thereof after default and maturit~_ and from the pr~ceeds ~f said recei.~ership said recei~•er may make ~ necessary repairs and keep said premises in proper rnndition and repair pendinR such sale, and pay all taxes and assessments ~ atcrued or accruinR or redeem from sales therefor and pav insurance ~•remiums necessar~• to kee~ said premises insured in ~ accordance with the provisions of this mortgage, and pay other proper charRes as herein pro~•ided, and pay the expense of the recei~•~ahip_ °i? FOURTEENTH: In case this mortRaRe be foreclosed b~ a suit in equit}• and the mortqaRed premises he uild to satisfy a decree of foreclosure, the prexeeds of such sale shill be ap~•lied ac f~llow•s: Firct. to the exe~enses incurred hereunder; second, to a reasonablt attornev's fee for wch sen•ices as m~~~ he necessarY f~r the collecti~n of said indebtedness and the foreclosure of this mortRaRe: third, to the pa}'ment of a•hate.-er sum ~r sams the rnortQaRee may ha~•e paid or became liable to pa~ in carry•inR out the terms and stipulati~~ns of this mortqaRe, toeether a•ith interest theteon: and finally to the fi~ payment and satisfaction of said note. The balance, if an~, shill_ unle~s the Court decree ~thervvise, be paid into the reRistry ~ of the Court ha~inR jurisdiction of said foreclosure suit, t~ abide the further order of said Court. FIFTEENTH: Thit the mortRaqor is !aa•fulh~ seized of said premises in fee simple and has Ra?d riqht and lawful authority to stll and convty the same, that the same are free fr~m encumbrances except as aforesaid, that it shall be lawful f~r ~ the moriRagee at all times, pcaceably and quietl~ to enter u~n, hold, cxcupy and enjo~ said premises and e~~erv part thereof, - that the mortRaRor will ex~cute or procure anv further necessary~ usurances of tiNe and does hereb~ fore~•er warrant Renerallc the tide to said prtmises and will forc~•er defend the satr?e aqainst the claims and demands of all persons whomsoe~•er, and - the mortgagor and the makecs of said note especiallq aqree and declare ~hat the separate estate of each af them, whether ~•ested, continRent or in expectznc~, is hereby con~e~ed and shall be bound for the pa~•ment of the debt herebp secured and each dces hereby exptasly wai~e, release and relinquish all riRhts and benefits of any homestead, appraisement. exemption or stay to 'FY which they maf be entiNed under the laws of the state in which said premises are situate, together a•ith all dower or cartes}~ ri~;htti, anS .tll intcrests an.f c~statc~, statut~~r~• an.1 ~~thcrw•uc an~! ~~f c~rr}- n.~turr what.~k~cr in an~l t~~ sa~d ~~rcmiscs. SIXTEENTH: That the Ri.~ing of written notice addressed to the owners of record of said premises or addressed to the said owners at their lut address actually fumished to the mortgagee, or addressed to the owners at said premises, and Y~ ` ~..?0~ ~584 55; ' ~ - u~-$'x • ~ . ' , ~ z~,~.`'~ 'c~'es"* -Y r,~ fvcy ~ ~ ..i ~'E Ct ~ „ ~ w~^'A'~,~ .'c. °.n ~i'.t-%S%~~.~~~;is ~ , . . dS., ~