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HomeMy WebLinkAbout2882 . ~ . aot~e secured bereby on the priacipal thereof after default and maturity, and aa~ such s~uns so piid writh interat thercon shall coastitute a liea upoa sud pcanisa and be saured by this moctgage and in default of immediate cepaymmt theccof by du mortgagor afta demand, the ~rlwk indebtednas sccvred hereey shall at the option of the awrtgagee become doe and payabk 7octhwith ~vithout aotice. NINTH: 'Tt~t u fucther security for the payment of said indebtedness u~d the perforcnance of all of the terms, covrnanb and rnaditioas heceof, the mortg~gor doa heceby mortgage, tcu?sfer, set ovu, auign and plcdge M the m~g~ the lasor s iutaat and estate in all teasa, ~ndudin~ but not limited to gu, oil and mineral leas~s. ao~? or hereafta a~cct~ng the said pmnisa oc any pact theceof, and al! rrnts. ~ssues. income. pro6ts, royaltics and bonusa due and to become due thece- uadet, md in the rvmt of i default under aay of the terms, covenants and conditioas of this mortgage the mortgagee u hereby suthorized and empo~rered to rnlkct and raeive all s~xh rents. ~ssues, iacome, pm6ts, royaltia and bonuses due and ~ to baoane due aad to apply the saa~e against said indebtednas. So long, ho.vrver, u thea shall be no defanlt hereundec the i anortgYgor shall lu.rc t6e nght M mltect and receive aay aad aQ wdi rents, iswes, ~ncome, pro6ts, coya~ties ind bonosa u ~ th~e ces ~p due and payable, aad to use the same .vidaut aaounting to the mortgagee theafor. ~ 7~: furt~er sccurit~? for the payment of said indebtedness and the performanee of all of the temds, ~ covenan t s a n d c o n d i t i~ a s h e t c of dx mort r doa h e c e b y mort g age. transfe*, set ovec, usign and pledge ur~to the moctgzgee : ~ all dttus and o~er ciops nrnv gro~vinR and~ r e aEter growra on sa~ d pranises. hecebY 8'ving aad gcantinq unto the nwctRaBK z a 6tst aad prior lita thetcoa, promded. ho~rever. that such lirn shall be and is hereby e:prasly a~de subjat and wbordinzte i to any uop tnott~ge covering any citrus ccopa which cor x into rxistence bv bloan prior to foc«loauce sale u provided . t •~b~ th~s mortgage oc an annual crops planted prior to said foreclosure sale, the provisions of pangraph Elevrnth hereof not- withstanding. Any aop moctgage shall not howeva be a lirn prior to this moctgage on any atnu crop toming into being by bbom ~ueat to said foralosure sale, or on any annual crop p~~nced subs~qurnt to sud forctlosure sale. ELEVHNTH: '17iat the moctgagee miy release for such considecation, or none. u it may requice, any portio~ of the above dcscribed land withoat, u to the ctmamda of the xcurity, in anywise impairing or atfectmg the liens and priocitia herein provided for ihe modgagee compared to any snburdinat~~j lienholder. TWELp'I'H; Tbe net pcoceeds of anv judgment, award' or settiement in any condemnation or other proaeding for any dsmaRe to the pranises. bwldings oc other 5xtures thereon shall be paid to the moctgagee and shaQ at its option, t~ther be ipplied as a credit on any porc~oo of the uagaid baluxe of the note xcvrcd hereby. whether thrn matured or to mature in the futuce. ot be rde~sed to mottgagor. • THIR1'~TPH; 'I7~at if the modgagor shall default in the perfomunce of any of the rnvrnants or ag~ranents herein coatained. or if an o~er of said pcanises shall file a petition seeking an arru?qemrnt or composition or actension or any ot6ec rclief unda or pncsuant to the Fedaal Banlcruptcy Act or ~ny other similu statute u no~v or hereaftec in effect, or siq~Ii. bG sdjndicated bankrupt or insolvrnt or aav of his prnpecty shall have been scquatered and such decree shall have ~ contiiiued undisdurged and unstayed for ninety days after the rntry theccof, the rntice ~ndebtedness haebq secuced. includ- u ~ ~ ing aIl'paqments for tazes, a~nents, insnrance pcaniums, iirns, attorne's' fees and rxpenses herein spetificd, shnll, at opt'we of the modgagee, and ~vithout notice to the mortqattor, be due and collectible at once by foretlosure or otherwise; aad, as to pmperty ~rhere such ~rovision is prohibited by law, upon commencemcnt of any foreclosure or at any time thereafe ta~the mortgagce~ as a matter of right, without consideration of the value of the pranisa. or ~hether the property is probabl, insu6xieat to disd~uRe ihe modqage debt or is in danger of being lost or retinoved or injured. and irtespect~ve ~ of the salvency or insolvencv of the mortgaRor or the thrn owner of said prem~ses, and without notice to the moctttsl~r or ; any person daiming nndec him, shall be entitied at once to th~ appoimm~ent of a rcceivcr for said pcemises, to collect the = rents, issues and pro6is therefrom during the prndency of such foralosure, and the proceeds of said receivership shall be ± applied bv said receiver to~rard the payment of the indebtedness sccvred by this mortqage. 'or toward the payment of sud~ ~ put of d~e jndqmrnt rmdered theceon as mav renu~n unsatisfied after the sale of said prenuxs, or to repay to du mortf~aBK ' any advancemrnts whid~ said modBaSK maY make after the commencement of foreclosure ution for tazes, assesuernts. i insurance or other chacRes u htrein provided, MRether ~?eth interest thereon at the same rate u specified in said note savred ~ hereby on the principal thereof after default and maturitv, and from the proceeds of said receivership said receiver may malce netessary repa~rs and keep uid premises in proper condition and repair prndin~ such sale, and pay all taxes and usessments ucrued or uccuing or redcem from sala thenfor and pav insurance prem~ums necessary to keep said premises insuted in ucordance with the provisions of this modgage, and pay other proper charges u herein provided, and pay the rxpense of the reteivership. FOURTEErTI'f~: tn case this moctga~e be foralosed by a suit in cquity and ihe mortqaged Premises be sold to satisfy a decree of foreclosure. the proceeds of such sale shall be applied u follows: Fint, to the ext~enses incurced hereunder; ~ saond, to a reasonable attomey's fee for such servica u m~q be naasary for the collection of said indebtedness and the : foreclosure of this mortgaRe: third, to the pxyment of whatever sum or sums the tnod~{agee may have paid or bcrnme , ~ ]iable to pay in carrqing out the terms and stipulations of this mortqage, toqether with interat theccon: and 5na1ly to the : paytnent and utisfaction of said note. 'il~e balance, if anq, shall, unless the Court daree othetwise, be paid into the registry j ~ of th~ Court having jurisdiction of said foreclosure suit, to abide the further order of said Coud. FIFPEENT'Fi: 'Il~at the moctgaqor is lawfully s~iud of uid premises in fee simple and hu Rood ri¢ht and lawfu! authority to sell and convey the same, that the same ue free from rncumbranca except u aforaaid, that it shall be lawful for . ~ the mortgaget at all times, peaceably and quietlq to enter upon, hold. oaupy and rnjoy said premisa and evecv part thereof, 3 that the moitRagor ~rill acecute or pcocure anv further naessary. usuranca of tide and doa herebq forever warrant qenaallv ihe title M siid pramisa and will forevec defrnd the sune aqamst the daims and demands of all persons whomsoever, and the mortgagor and the makea of said note apecially aqree and dcclare •hat the separate atate of euh of them, whether vested, mntingent or in acpectancv, is hereby convcyed and shall be bound for the pavment of the debt hereby secvred and each doa hereby exprasly waive, release and relinquish all rights and brne6ts of any homestead, appraisemrnt, exemption or stay to ` ~vhich they tnaq be rntided under the laws of thc statr in which said premises an situate, together with all dower or curtery ~ rights. and al) interests and estates, statutory and otherwise and of e~~ery nature whatsoevcr ~n and to said premises. gp~TFENTN; 'lhat the Riving of writtrn notice addressed to the ownen of record of said premisa or addassed to the said owmers at their last addras actually furnished to the moctgagee, or addressed to the ovnen at said premisa, and BOOi(~~~ F,SGE~~ , _ _ _ - ~ ~ ~KC 4 ~~--sz ~ ~~a -~~`s ~ ~ 9 d+a'~a'~, a ~ ~ ¢ ~ ~