HomeMy WebLinkAbout0100 together with all buildings, structures and improvements
of every nature whatsoever now or hereafter situated on the
above-described Property and made part thereof and all fixtures,
machinery, equipment, and other personal property of every
nature whatsoever now or hereafter owried by the Company and
made part of the above-described Property or the Project
and located in, on or used or intended to be used in connection
with the above-described Property and the Project except
furniture, office equipment, automotive equipment and inventory,
as set out in the Installment Purchase Trust Agreements (hereinafter
called the "Mortgaged Property") and with the operation of
the land, buildings, structures or other improvements, including
all extensions, additions, improvements, betterments, renewals
and replacements to any of the foregoing which are made part
of the Mortgaged Property and the Project.
TO HAVE AND TO HOLD the same, together with all and
singular the tenement§, hereditaments, easements, rights,
powers, privileges, imomunities, and appurtenances thereunto
belonging or in anywise appertaining and the reversion and
reversions, remainder and remainders, rents, issues and profits ~
thereof, and also all the estate, right, title, interest,
separate estate, property, gossession, 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 si.mple.
And the Mortgagor hereby covenants with the 'ylortgagee:
that the Mortgagor is indefeasibZy seized of said Mortgaged
Property in fee simple, that the Mortgagor has full power
and lawful 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 ~11 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 Proper.ty 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.
5t. 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
~i 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 riortgagor shall pay unto
the Mortgagee, or its assigns, all sums of money required
to be paid to the Mortgagee, or its assigns, under the terms
of the Installment Purchase Trust Agreements referred to.
and shall duly, promptly 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
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