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Home My WebLink About1807 note secuced hereb~ on the principal thercoE afte: tdef~k tnd nuturirj, ~wd an~ wd~ wms so paid w?ith incerat tbereon ; shal! constitute a liea upon sa~d pcemisa and be l~cn~ed ~ this m~ •and in default of inuncdiate reparment ehereof ; by the mortgagor after detnand, the w~hok indebtedness secured her~slull at the option of the Rwetgagee b~come due and payabk foith~rith ~vithait notice. - NIrTTH: 'I7~at u furtha security for the paqmrnt of said indebtedness and the perforrnance of alt of the terms, : covenants and conditions hereof, the mortgagoc does hereby mortgage, transfer, set over, ass~gn and pledge to the mortgagee t the lasor s interest and estate in all leua. induding but not limited to gu, oil and mincni leasa, ao~? or hereafter affccting ' the said premises or any put thereof, and all rents, ~ssua, iacome, pro6ts. royalties and bonuses due and to baome due tbere- ' uader. and in the eveat of a default under any of the terms. covrnants and conditions of this mortgage the mortRagee is hereby authoriud md empo~rered to collect and receive all such rents, issua, income, probts, royalties and bonuses due and : to baome due ~nd to applr the same agaiost said indebtedness. So long, however, u d~ea shall be no dtfauh he~runder tbe ~ mortgagor slull hive the right to mllcct and re~e~t~ tsy an~ a#1 s~. reats, issues, inc«ne, pro6ts, ro~alda and bonuses as they capat~~iy ba,ome aU~ and p~yabte, and to tise ~ie same w+it}io~R aaounting to the mortgagce tl~erefor. TENTH: 'That u further sccurity for the parmcnt of said indebt~dness md the perfo~a~xe of all of the terans, covenants and ~-ociditioas hereof the mortgagor doa hereb~ mortgage, transfer. set over, usign and pledge unto the moctgagee all citrus and other crops cw~v geo~vinR and hereafter groan on said p~+einises, 6ereby g~ving and grantinq unoo tfie matlpget a first and prior liert theceon, provided, however, that such lien shall baand is hereby exprasly made wbjat and wbordinite . to any uop mortgag~e tovering any citrus crops which corx into txistence bv bloom prior to foredosure sak u pcovided by this mortgage oc any annual crops planted prior to said foreclosure sale, tfie provisions of paragripb Elevrnth hercof not- w~thstanding. Anq such crop mortgage shall not however be a lirn prior to this mortgage on anf atnu ctop coming into being by bloom subsequrnt to said forccbsure sale, or on any a~iua~l~ planted subxquent to uid focedos~ue sale_ ELEVL•TTtH: That the mortgag~e maq releue for such considention, or none, u it may cequirr, m~ portioa of tfie above described Iwd ~vithout, u to the remainder of the security, in anywrise impaicing or affeeting the liau and priorities herein provided for the mortgagee compared to any subordinate lienholder. TWELFI'H: 'ILe net proceeds of. anv judgment, award or settlement in any condannation or other pr~oceeding for any damaRe to the pranises. buildings or other 6xtura theceon shall be paid to the mortgagee u~d s}ull at its option, nther ~ be applied u z aedit on any portion of the unpaid balance of tfie note secured hereby, whether thrn matu~rd or to matare ` in the future, or be released to moctgagor. . THIR1'EEIVTI-1: That if the mortgagor shall default in the performance of any of d~e mvrnants or agreements hereia contained. or if an owner of said premises shall 61e a petition serking an uranqe~nent or composition or enbrns~on or my ~ othet rdief under or purnunt to the Fedrral Bankruptcy Act or any oth~r similu statute u no~v ot hanfter in effect, or - shall be adjudicated bankcupt or insolvrnt or anv of his propcrty shall have been xquestered and wch docree siull have ~ rnntinued undischarged and unstayed for ninety days after the rntry thaeof, the rnt~re indebtedness haebq secured. inclod- ! ing all payments for taza, assessmrnts. insurance premiums, liens, attornrqs' fees and ezpenses hercin spai6ed, shall, at the ; option of tfie mortgagee, and without notict to the mortRaqor, be due and collectible at once by foreclosnre or od~er~vise; ; and, txcept as to pmperty ahere such }~~+ovision is prohibited by law, upon canmencemrnt of any foreclosure or at any time ' thereaftec the tnortqagee. u a matter of right. without considcration of the value of the prcmisa, or wls~ther the property € is probably insufficirnt to dixharRe the mortRage debt or is in danRer of beinR lost or remo~ed or injured, and irrespect~ve t of the solvency or insolvencv of the mortgaRor or the thrn owner of said premises, and without notice to the mort~ta~or or ~ any person claiming under him, shall be rntided at once to the appointmrnt of a raeiver for said D~ses. to coUat the rents, issues md probts therefrom during the prndrncq of such foreclosure, and the proceeds of uid raeivership slu11 be ~ applied bo said receiver to~vard the paqmrnt of the indebtedness securcd bv this mortRage, or tmvud the paymrnt of snch ~ pnrt of the jud~ment tendered thereon u mav remain unsatis6ed aftet the sale of uid premisa, or to cepa' to the mortgagee ~ any advancemrnts ~vhich said mortgagee may make after the commentement of foreclosun ution For tues, usesxnents. insurance or other charRa u herein prov~ded, toRetha with interest thereon at the same nte u spccified in said note sa~ured ~ hereby on the principal thereof after default and mat~rity, and from the proceeds of said rcceivership said taeivet may make ~ necessary repain and keep said premises in proper condition and repair pendinR such sale, and pay all'taxa and usessments ' ucnied or uccuinq or redtem from sala therefor and pav insurance premiums necessary to keep said premises insured in ~ urntdance with the provisions of this modgage, and paq other proper charga u hercin provided, and pa~ the e~cpense of ~ the teceivershiP• ; ~ FOUR'TEEIV'1'H: In cue this mortgaRe be foralosed by a suit in equity and the mortqaged premises be sotd to satisfy ~ ~ a decree of fore~dos~re, the proceeds of such sale sh~ll be applied u follows: First. to the rxvrnxs incvnc~d herevnder; - second, to a ceasonabk attomey's fee for such servica u m~?y be necasarv for the collaction of said indebtedness and the foreclosure of this mortga~qe: third, to the papment of whatever sum or sums the mort,qaRce maq ha~e paid or becane ~ liable to pa9 ~n carryinq out the terms and stipulations of this mortqage, toqether with interest thereon: u~d 5na11p to the paymrnt and utisfattion of said note. The balance, if anq, shall. unless the Court decree otherwise, be piid into the registry _ oE the Court having jurisdiction of said foralosure suit, to abide the fucther order of said Court. } FIFTEENTH: 'll~at the mortgaqor is lawfully xized of said prcmises in fee simple and hu Rood riqht and la~rful ~ authority to sell and convey the same, that the same ue free from rncumbrances r:cept u aforeuid. that it shall be law+ful for ' the moctgagee at all times, peace~blq and quietly to enter upon, hold, occupy and rnjoy said premises and everv part thereof, x that the mortRagor wil) txecute or procure anv further naessary uwrances of tiHe and doa hereby forrver ~vacrant qenrnll~ f ~ the title M sa~d pcemises and will forever defend the same aqa~nst the daims and demands of all persons ~vbomsoever, and ~ the moctgagor and the makea of said note apecially aqree and declare ?hit the xpante atate of exh of dxm, .vhether vested. ; contingent or in ezpectancv, is hercby conveyed and shall be bound for the pavment of the debt herebq secured and each does heteby expressly waive, rel~ase and relinquish all tights and bene6ts of any banestead, appriixrnent, exemption or sti' to ' whith thty may be rntided under the laws of the state in which uid premises arc sihute. together with all dowrer or cnrtery ~ rights, and all interests and estates, statutory and othcrwisc and of c~•ery nature whatsoe~~er ~n and to said premises_ ~ SIXTEENTH: That the Riving of writtrn notice addressed to the oanea of record of said pamisa or addressed to s the said owners at their last address actually fumished to the mortgagee, or addressed to the ovncn at said premises, and ~ ~ ~x2~3~ P~1806 ~ ~ ~ - - _ ~ ~~x~~ y _ ~ . _ ~ . _ . . _ ~ ~