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HomeMy WebLinkAbout0120 improvements, betterments, renewals and replacements to any of the foregoinq which are made part of the Mortgaged Property and the Project. TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments, easements, rights, powers, privileges, immunities, 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, possession, claim and demand whatsoever 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 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 all encumbrances except those permitted by the Installment Purchase Trust Agreements; that the Mortgagor will make such further assurances to perfect the fee si.mple title to said land in the Mortgagee as may reasonably be required; and that the Mortgagor does hereby fully warrant the title to said Iand and every part thereof and will defend the . same,against the lawfuZ 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. 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 t4ortgage 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 assi_qns, 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. j by the terms of the Installment Purchase Trust Agreements, i 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, t 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. ~ i , ~ ~ 2 r ~ - - ~ ~ ~~2i3 ~ 1?~Q ~ ~ ~ . ,r_A