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HomeMy WebLinkAbout0043 •1:8 powers, privileges, immunities, and appurtenances thereunto ~ belonging or in anywise appertaining and the reversion and z reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, separate estate, property, possession, claim and demand what- soever as well~in law as in equity of the Mortgagor of, in and to the same and every part and parcel thereof unto the Mortgagee in fee simple. And the Mortgagor hereby covenants with the Mortgagee: that the Mortgagor is indefeasibly seized of said Mortgaged Property in fee simple, that the Mortgagor has full power and lawf~l right to convey the same in fee simple as aforesaid, ; that it shall be lawful for the Mortgagee at all times ; and peaceably and quietly to enter upon, hold, occupy and ° enjoy said land and every part thereof; that said land is free from all encumbrances except those permitted by the Installment Purchase Trust Agreements; that the Mortgagor will make such further assurances to perfect the fee simple title to said land in the Mortgagee as may reasonably be ; required; and that the Mortgagor does hereby fully warrant the title to said land and every part thereof and will defend the same against the lawful claims of all persons whomsoever; and that the Mortgaged Property includes the _ entire citrus processing plant of the Company and all the land owned by the Company in St. Lucie County as of the date of this Mortgage. 4 St. Lucie County, TreeSweet Products Co., and the } Barnett Bank of~Jacksonville, National Association, have # heretofore or will prior to the issuance of the Bonds of ~ each issue, if issued, enter into and execute Installment Purchase Trust Agreements as to each issue as of even date ~ herewith which are referred to in this Mortgage and said Installment Purchase Trust Agreements, the terms thereof and the Exhibits thereto are by reference made a part of ; this Mortgage. ~ PROVIDED ALWAYS, That if the Mortgagor shall pay unto the Mortgagee, or its assigns, all sums of money reauired s to be paid to the Mortgagee, or its assigns, under the terms of the Installment Purchase Trust Agreements referred to; and _ ; shall duly, ~romptly and fully comply with each and every of ; the obligations assumed by TreeSweet Products Co. by the terms of the Installment Purchase Trust Agreements, and shall duly, promptly and fully perform, discharge,.execute, effect, complete, ~ comply with and abide by each and every the stipulations, agreements, conditions and covenants of the Installment Purchase Trust Agreements and this Mortgage, then this Mortgage and the estate hereby created shall cease and be null and void and the title to the Mortgaged Property shall revert to and be fully vested in the Mortgagor in the manner provided for - in said Installment Purchase Trust Agreements. . IN WITNESS WHEREOF, the Mortgagor has executed this Mortgage under seal all as of the day and year first above ~ written, but actually executed and delivered by the Mortgagor ~ this day of , 197 ~ . TREESWEET PRODUCTS CO. (SEAL) By ~ President ATTEST: ~ Secretary 41 ~ ~ ~