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Home My WebLink About0456 . • i ~ ~ y" ~ ' ~ ' . ~ ~ ,t ~i0 aote secured hercb' on the principal thereoE ifter default ind~~mzturity, aad any s~ch wrns so psid ~vith interat thercon . shaU constitute a lirn upon sa~d premixs and be secuced by th~s mortga8e and in default of immediate repapment theceof by the mortgagot after demand, the ~?hok indebtednas secured hereby shall at the option of the anottgagee baane due and pay~ble forth~rith ~vithout notia. NINTE~: Ttut is further scrurity for the payment of said i~debtedness and the perfornuncc of all of the tmns, rnvrnants and conditions heccof, the mo~tgagor does herebp moctgage, tnnsfer, set over, assign and pledge to the modga$ee the lasot s intetest and atate ia a11 Icasa. ~nctudin~ but not limited to gu, oit and mineral leasa. now oc heceafta a~ect~ng the said pmnises oc any part thereo~, and afl rrnts. ~ssues. i~cane. prona, myilti~ ~n3 b~auses dur and to lxcu~r_s ds~ therc- under, aad in the rvrnt of a def:ult under sny of the terms, mvrnants and conditions of this mortgage the moct8~8~ u fieteby authoriud and empo~?eced to rnllect and raeive all such cents, issua, income, profits, royalties and bonuses due and to-be~come due and to ipply the sune sgainst said indebtedness. So 1ong, ho~rever, u there sha1~ be no default hertunder the mortgagor slull have the nght to collect and receive any and aU such rents, ~ssnes. ~ncome~ profi~s, ro}nltia and bonuxs u they respatively baane due and payable, and to_ use the same w~ithout ucau?ting to the mottgagce tfierefot. ~ TEN'PH: 'I1ut u further secvrity for the pavmcnt of uid indebtcdness and the performance of atl of the terms, - covenants and conditioas hereof the mortgagor doa haeby mortgage, tcansfer, set over, usign and pledge unto the moctgage~ all citr~s and other ccops now gco~rinR and hereafter gcown on sa~d premises.l~ece618~~ing and gcantinq unto the modRagee a 5nt and prioc lien thereon, prov~ded. howrver, that such lirn shall be and is hecebq acpcessly made subject and subordinate to any uop moctgage mvering any citnu crops which cor'-e ~nto ezistence bv bloom prior to forecbsure sale u provided by this mortgage or any anaual tcops planted prior to said foceclosure sale, the provisions of paragnph Eltventh heceof not- : w~thstanding. Any such crop modgage shaU not however be a lirn prior to this mortgage on any ntnu crop coming into being by bloom subsequrnt to said foretlosure sale. or on any annual crop planted subsequent to said foratosure sale. ELEVENTH: 'Il~at the mortgagee may release for such consid~ration, or none, u it tnay require, any port~on of the above desuibed land w~ithout. u to the remamder of the security, in anywix impairing or af~ecting the liens and prioritia : herein provided for the mortgagee compared to any subordinate lienholder_ 'PWELFTH; 'I~e net pcoceeds of snv judgment, award or settlemrnt in any condemnation or other proceed~ng for any dunaqe to the pcemises. buildings or other fixtures thereon shall be paid to the mortgagee and shall at its option, e~ther be applied u a credit on any porc~on of the unpaid bilance of the note securcd hereby, whether thrn maturcd or to mature in the futute. or be releued to moctgagor. ; 'I'E~IIItTEE1V'TN: '1'hat if the mortgagor shall default in the perfomnance of any of the covrnants or agteements herein € conhined, or if an owner of said pr~mises shill 61e a petiteon xeking an arranq~mrnt or composition or extrnsion or any ~ other relief under or pursuu~t to the Federal Bankcuptcp Act or any other similar statute u now or hereafter in efiect, or shall be adjudicated bankrupt oc insotvent or anv of his property shall have been sequesteced and such decree shall have continued undistharged and unstayed for ninety days after the rntry thereof, the enhre mdebtednas haeby secuced. u?dud- ing all paymrnts for taza, assessments. insurance premi~ms, liens, attomeys' fees and acpenses herdn specified, shall, at the option of the mortgagee, and without notice to the mortRaRor, be due and coliectible at once bq foreclosure or otherwise; ~ and, except as to property wherc snch ~rovision is prohibited by law, upon commrncement of any foreclosure or at any time thertafter the mortRagee, u a matter of right, without consideration of the value of the premises, or whether the pmperty ~ is probably insuf~icimt M discharRe the mortgage debt or is in dan1;er of beinR lost or removed or iniured, and irrespecti~e ~ of the solvency or insolvrncv of the mortgaRor or the thrn owner of said prem~ses, and without notice to the moct~¢aqor or any person daimir~~ ~dPr kim, sha!! be rnt'stlyd at once to thc ap~intmrnt of a receiver for said premises, to collect the ~ rrnis, ~uua and probts t1?aefrom during the prndrncy of such foreclosure, and the prcxeeds of said receivenhip shall be applied bo uid rcceiver toward the paymrnt of the indebtedness secured bv this mortRaqe. or toward the paymrnt of such ~ part of the judRmmt rendered thereon u mav remain unsatis6ed after the ule of said premisa, or to rcpay to the mortRagee ~ any advantemrnts which said mottgagee maq make after the commencemrnt of foreclosure action for taxa. assessments. insurance or other charqes u herein prov~ded, toRether with interesi thereon at the same nte u speci5ed in said note securcd hereby on the principal thereof after default and maturitr. and from the prcxeeds of said receivership said receiver may make ~ nettssac9 repairs and kcep said premises in proper condition and repair pendinR such sale, and pay all taxes and assessments ucrued or ucruinq or redeem from sales thercfor and pav insurance prem~ums necessary to keep said premises insured in . Y ucordance with the pmvisions of this mortgage, and pay other proper charges u herein provided, and pay the txprnse of ; the receivecship. - remises be sold to satisf ~ FpU1tTEEN'fEl: 1n case this mortgage be foralosed bq a suit in equity and the mortqaged p Y ` a decret of foreclosurc, the proceeds of such sale sh111 be applied as foltows: First. to the exoenses incurred hereunder, k ~ setond, to a reasonable attornev's fee for such senica as m~y be nocessarv for the collection ~of said indebtedness and the ? ~~a fotalosure of this mortgaRe: third, to the payment of whatr.er sum or sums the mort,qagee may hav~ paid or become ~ liable to pay in carrying oat the terms and stipulations of this mortqage, toqether with interest thereon: and 6nally to the payment and satisfaction of said note. 'The balance, if any, sh~ll, unless the Cou~t decree Mherwise, be paid into the registry of the Cond having jurisdidion of said forerlosurc suit, to abide the further order of said Coutt. _ FIF'TEEIV'I'H~ ?hat the mortgaqor is IawfuUy seized of said premiscs in fer simple and hu Rood riqht and lawful ~ authority to sell and convey the sune, that the same are free from encumbrantes except u aforesaid, that it shall be lawful for the modgagee at all times, peacvblq and quietly to enter upon, hold, occupy and enjoy said premises and t~erv part thereof, ~;M1 th~t the mortRagor will rxecute or procure anv further naessary usurances of tiNe and does herebv forever ~varrant Renerallv ~ the tide to sa~d pmnisa and will fore~~r defend the same aqainst the daims and demands of all persons whorruoever, and the mortgagor and the makea of said note apetially aqree and declare +hat the separate atate of each of them, whetfier vested, contingent oc in expectancv, is hereby conveyed and sh~ll be bound for the pavment of the debt hereby secvred and each does hereby ezpresslq waive, release and relinquish all rights and brnefits of any homestead, appnisement, ezemotion or stay to which they maq be rntitled under the laas of the state in which said premises are situate, together with all dower or curtesy rights, and al) interests and estates, statutory and otherwise and of e~•ery nat~re whats~xver in and to said prem+ses. ~ $I~CI'EENTH; 'That the Riving of writtrn notice addressed to the ovrnen of record of said premisa or addcessed to ~ the said mimers at their lut addcess actually fumished to the mortgagee, or addresscd to the owners at said premisa, and 0 R ~ P~f ~JV ~ ° d00K ~ ~ _ = - - - - ~ : ~w._. r__ ~ , ~