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Home My WebLink About0683 note secvred hereby on the principal th~reof after default and maturity, and any soch wms so paid ~vith i~K~ shali rnastitute a lirn npon sud premises and be securcd by this mortgage and in default of immediate repaymrnt thercof by the morigagor after demand, the wrhole i~debtedness secured hereby shall at the option of the mortgagee become due and pny~ble forthwrith without notice. ' NIN'I'N: 'I1~at u fucthec security for the paymrnt of said indebtedness and the perfomunce of all of the terms, covenants ar~d conditions hercof, the mortgagor does hereby mortgage. transfer, set over, assign and piedge to the mortgagee 1 the lasoi s interat and estate in all leases, including but ~ot limited to gu. oil and mineral leues, now or hereafter affccting the said premises or any patt thereof, and all rcnts, issucs, income, pro6ts, ropalties and bonuses due and to baome due thece- under, and in thr event of a default under any of the t~rms, covrnants and conditions of this mortgzge the modgagee is hereby authoriud and anpo~rered to collect and receive all such rents, issua, income, pro6ts. royaltia znd bonuses due and to bcrome due and to applr the same against said indebtedness_ So long, however, u there shall be no default hereunder the t mortgagor shall have the tight to collect and aceive any and all such cents, issues, income, pro6ts, royalties and bonuses as they rapectively bccome due and payable, and to use the same without ucounting to the mortgagee therefor. TENTH: That u further security for the payment of said indebtcdness and the performance of all of the terms, covrnants and conditions hereof the mortgagor does herebq mortgage. transfer, set over. assign and pledge unto the mortgagee alt citnu and othtr crops now growinR and hcrcafter grown on sa~d premises, heceby giving and gnntinq unto the mortRagee a 6rst and prior lien thereon. provided, however, that such lirn shall be and is heceby expressly made s~bject and subordinate to ano ctop mortgage rnvering anq citrus crops which cor~e into existence bv bloom prior to foredosure sale u provided by this mortgage or u?y annual crops planted prior to said foreclosure sale, the provisians of paragraph Ele~•rnth hereof not- withstanding. Any such crop modgage shall not howe~•er be a lien prior to this moctgage on any citnu crop coming into being by bloom subaequent to said foreclosure sale, or on any annual crop ptanted subsequent to said focetlosure sale. ELEVEIVT'H: That the mortgageo may rel~ase for such consideration, or none. u it may cequire, any portio~ of the above desaibed land without, u to the remainder of the security, in anywise impairing or aliecting the liens and priorities herein provided for the modgagee compared to any s~bordinite lienholder. ~ TWELFI'fi: 'l~e net proceeds of anv judgment, award or settlement in any condemnation or other proceeding for any damaRe to the pranisa. buildings or other 6xtures thereon shall be paid to the mortgagee and shall at its option, either be applied as a crcdit on any portion of the unpaid balance of the note secured hereby, whether then matured or to mahue in the futute, or b~ nleued to mottgagor. TNIRTEEI~TI'H: That if the mortgagor shall default in the performance of anq of the mvenants or agreements herein ; conhined, or if an o~vner of said prcmises shall 61e a petition se~king an arranqemrnt or composition or extrnsion or any ; other relief undec or putsuant to the Federal Bankruptcy Act or anq other similar statute u now or hereafter in effcct, or i sha11 be adjudicated bankcupt or insolvrnt or anv of his property shall have b~en sequestered and such decrce shall have ~ ~ rnntinucd nndischarged and unstayed for ninety days after the entry thereof, the entire indebtednas heceby secured, includ- e ing al) payments for tues, assessmrnts, insurance premiums, liens, attorneys' fees and exprnses herein speci6ed, shall, at the ~ opt~on of the mortgagee, and with~t notice to the moctqaRor, be due and colkctible at once by foralosure or othetwise; ! and, except u to property where such ~rovision is prohibited by law, upon commencemSnt of any foralosurc or at any time ~ thereafter the mortqagee, u a matter of right, without consideration of the value of the premises, or whether thc property ~ is probablo insufficirnt to dischatRe the mortqage debt or is in danRer of beinq lost or rcmoved or injured, and irrespective ~ of the solvrncy or insolvencv of the mortgaRor or the thrn owner of said premises, and without notice to the mortQaqor or any person claiminR under him, shall be rntitled at once to the appointmrnt of a receiver for said premises, to collect the trnts, issua and profits therefrom during the pendencv of such foralosure, and the proceeds of said raeivership shall be applied b~r said rcceiver toward the paymrnt of the indebtedness secured bv this mortJ{age, or toward the paymrnt of such ~ part of the judqmmt rrndercd thereon u mav remain unsatis6ed after the sale of said premisa, or to repaq to the mortqagee ~ anq advancemrnts which said mortgagee may make after the commencm~ent of foreclosure actian for taxes, asxssments, ~ insu;ance or other charRes u herein provided, toRether with interest thereon at the samc rate u specified in said note secured ~ hereby on the principal thereof after ault and maturitv, and from the praeeds of said receivership said raciver maq make ~ naessary repa~rs and ketp said prrn~in~propQ c'bpdidon aad repair pendinq such sale, and pay all taxa and usessments ~ ucrued or ucruinq or redeem from sala there~or and pav insurance prerniumt naes3~4ry •to~ keep said premises insured in ucordance with the provisions of this mortgage, and. pay pther proper charges as here~n provided, and pay the eupenx of ~ the receivership. . ~ FOUR'I'EENTH: In case this mortgage be foredosed by a suit i~ti equity and the mortqagtd prepti~es.be sold to satisfq ~ a decree of foralosurc, the proceeds of such sale shall be applied u follows: First. to the exvenses incurred herrunder, ~ second, to a reasonable attorney's fee for such servica as m~q be naessary for the collation of said indebtedness and the ~ foreclosnre of this mortgaRe: third, to the pa}~ment of whate~er sum or sums the mort,q~gee may have paid or become ` liable to pay in carrying out the tetms and stipulations of this mortqage, toqether with interest thereon: and 6nally to the ~ paymrnt and satisfaction of said note. The balance, if any, shall, unless the Court decree Mherwise, be paid into ihe registry of the Court having jurisdiction oE said foreclosure suit, to abide the further order of said Court. FIFTEENTH: 'lbat the mortgaqor is lawfully xized of said premiscs in fee simplt and hu Rood riqht and lawful authority to sell and convey the same, that the same are free from encumbranca except u aforesaid. that it shall be lawful for the mortgagee at all times, peaceably and quietl~ to cnter upon, hold, oaupy and enjoy uid premises and every part thereof, ' ~ > ; ~ that the modRagor will execute or ptocure anv further necessary uwrances of title and.does herebv forever ~varrant Rrnerallv ~ the tide to said premises znd will forever defend the same aqamst the claims and demands of all persons whomsoever, and - the mortgagor and the makers of said note apecially aqree and declare ?hat the separzte estate of each of them, whether vested, ~ ~ contingent or in expectancv, is hereby conveyed and shall be bound for the pavrncnt of the debt hereby secured and rach does herebq acptessly waive, release and relinquish all rights and benefits of any homatead, appraisement, exemption or stay to j. which they may be rntitled under ihe laws of tiu state in which said premises are situate, togethet with all dower or curtesy ~ rights, ai~d all interests anJ estates, statutory and otherw+isc and of ecery nature w~hatsoevcr m and to said prcmises. ~ SIXTEEIVTN: 'Ihat tht Riving of written notice addrascd to the ownen of record of said premises or addressed to ~ the said owners at their lut addras actually fumished to the mortgagee, or addrased to the owners at uid premises, and ~e= ~ ° Boox~?cn.? ~cE 6~ . ~ ~ ~ , _ , ~ , ~ ~ ~ s ~ _ _ . _ - - _ . , _ _ ~._.r ~