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Home My WebLink About2311 . ~ note secured hereby on the priacipal theceof after default and matur~ty. and any such sunu so paid ~vith intecest thereon shall constitute a lien upon sa~d premises and be socured by this moctgage and in default of immediate repaymrnt theceof by the modgagor after demand, the whote indebtedness secured hereby shall at the option of the mottgag~e become due and pa'able focthwith ~vithout notice. . NINTH: 'Il~at u furthec security fot the paymrnt of said indebtedness and the performanc~ of all of the temns, covenants and condiNons hereof, the mortgagor does heaby moctgage, transfer, set over. ass~gn and pledg~ to the morcgagee the lasor s interat and estate in all leases, inctuding but not limited to gas, oil and mineral leases, noa or hereafter atfecting the uid pmnises or any put thereof, and all rents, issua, income, profits, royaltia and bonus~s due and to become due thece- under, and in the event of a default under any of the terms, rnvrnants and conditions of this moctgage the moctgagee is hereby authoriud and anpo~rered to collect and raeive all such rrnts. issues, incorne, profits, royaltia and bonuses due and to become due and to apply the same agaiost uid indebtedness. So long, however, u there shall be no default hereunder the anortgagoc shall have the nght to mllect and receive any and all such rencs. ~ssues, income. prohis. roralties and bonuses u they tapectivdy become due and payable, and to use the same without accounting to the mortgagee therefor. TEI~TTH: 'Il~at u further security for the payment of said indebtedness and the performance of all of the temns. covenants and conditions heccof the mortgagor doa hereby mortgage. transfer, set over, usign and pledge unto the mortgagre all cittus and other crops now growinR and hercafter grown on sa~d premises, hereby giving and grantinq unto the moctgagee a first and prior lirn thereon, prov~ded, however, that such lirn shali be and is hereby exprasly made sub~cct and subordinate to any crop mortgage covering any citrus crops which cwx into existence bv bloom prior to foreclosure sale u provided by this mortgage or any annual trops planted pnor to said foreclosure sale, thc pro~isions of paragnph Ele~~enth hereof not- w~thstanding. Any such crop mortgage shall not howe.~er be a lien prior to this mortgage on any ntnu crop coming into being by bloom subsequent to said foreclosure sale, or on any annual crop planted subsequent to sa~d foredosure sale. ELEVEN'I'H: 'I1~at the mortgagee maq rel~ase for such considention, or none, u it may require, any portion of the above des~tib~d laad without, as to the remainder of the sccurity, in anywise impairing or affecting the lirns and priorities herein providcd for the cnortgagee compired to any subordinate lienholder. TWELFTH: The net ptoceeds of anv judgm~nt, awatd or settlement in any condemnation or other proceeding for an9 dunaRe to the pranises, buildings or other 6xtara thereon shall be paid to the mortgagee and shall at its option, e~ther be applied u a crcdit on any portion of the unpaid balance of the note se~red hereby, whether thrn matured oc to mature : ~ in the future. or be celrased to mortgagot. ~ 'THIRTEEI~TTH: '17~at if the mortgagor shall default in the performance of any of the covmants or agreemrnts hercin contained, or if an owner of uid premises shall file a petition seeking an arranqemrnt or composition or extrnsion or any ; other relief under or parsuant to the Federal Bankraptcy Ad or any other similar statute as now or hereafter in effcct, or ~ shall be adjudicated bankrupt or insolvent or anv of his property shall have been sequestered and such decree shall ha~e continued undischuged and unstayed for ninety days after the rntry thereof, the rnt~re indebtedness hereby secured, includ- ` ing all payments for taxes, assessmrnts, insurance premiums, liens, attorneqs' fees and enprnses herein spcci6ed, shall, at the € option of the modgagee, and without notice to the mortRaqor, be due and collectible at once by foreclosure or othecwise; = and, accept as to pcope~ty whete such ~rovision is prohibited by law, upon commrncement of any foreclosure or at anq time ` thereafter the modRagce, u a mattcr of right, without consideration of the value of the premises, or whethcr the property ~ is probably insufficirnt to dischuRe the mortqage dcbt or is in danRer of beinR lost or removed or injured, and irrespati~e ~ of the solvrncy or insolvrncv of the mortgaRor or the thrn owner of said premises. and without notice to the modqaqor or { ano person daiminq under him, shall be ent~ded at once to the appointment of a receiver for said D~~~~, to copect the ~ rrnts, issua and pro6ts therefrom during the pendency of such foralosure, and the proceeds of said receivership shall be ~ applied bv said receiver to~rard the paymrnt of the ind~btedness secured bv this mortRaRt, or toward the paymrnt of such ~ pad of the judRment rrndered thereon u mav remain unsatis6ed after the sale of said premises, or to repay to the mortqagee r any advancemrnts which said mortgagee maq make after the commencement of foreclosure action for taxes. assessments, ~ insurance or other charqa u hrrein provided, toRether with interest thereon at the same rate as specibed in said note secured ~ hereby on the principal thereof aftcrdefault and maturits. and from the prcxeeds of said receivership said receiver may make ~ nettssar~ repairs utd kttp s::d ;.re.^."•~sss ~^.SO~Sf C4(!~1[~O~ anc~ repair pendin¢ such sale, and pay all taxes and usessments ~ uccued or accruinq or redeem frorti saks therefor and pav insurance premiums necessary to keep said premises insured in accordance with the provisions of this mort e, and a oth~r ro r char es as herein rovided, and a the e: se of ~ 8~8 P Y P Pe R P P Y Pe" ~ the receivetship. ~ FOURTEENTH: In case this mortgaj{e be foreclosed by a suit in equity and the mort~;aged premises be sold to satisfy + a daree of foreclosurc, the proceeds of such sale sh~?ll be applied as follows: First. to the exaenses incurred hereunder; - ~ saond, to a reasonablc attornev's fee for such services u m~y be necessarv for the collection of said indebtedness and the " foretlosurc of this mortgaRe; third, to the payment of whate~•er sum or sums the mortqagee may ha~e paid or become - liable to pay in carryinq out the terms and stipulations of this mortqage, toqether with interest thereon; and 5nallp to the paqment and satisfadion oE said note_ The balance, if any, shall. unless the Court decree otherwise, be paid into the registry ~ of the Coud having jurisdiction of said foreclosure suit, to abide the further order of said Court. FIFTEENTH: ?hat tht mortgaqor is lawfully seized of said premises in fee simple and has Rood ri¢ht and lawful - authority to sell ~nd co~vey the same, that the same are free from encumbranca except as aforesaid, that it shall be lawful for the mottgagee at aU times, praccably and quietl~ to enter upon, hold, occupy and enjoy said pretnises and evetv part thereof, ` that the modRagor will txecute or procure anv furthu nccessary usurznces of title and does herebv fore~er warrant Kenerallv the title to said premises and will fore~er defend tht same aqa~nst the claims and demands of all persons whomsoevet, and - the mortgagor and the makers of said note apecially aqret and declare ?hat the separate estate of each of them, whether vested. contingrnt or in expectancv, is hereby conveyed and shall be bound for the pavment of the debt hereby secured and each does hereby txprasly waive, rclease and relinquish all rights and bene6ts of any homestead, appraisemrnt, exemptian or stay to which they may be rntitled under the laws of the state in which said premises are situate, together with all dower or curtesy 'a~ rights, anJ al) interests and estatcs, statutory and c~therwisc and of e~•ery nature whatxm~•ec in and to said premiscs. SIXTEENTH: That tht Riving of written notice addressed to the oRners of record of said premises or addressed to the said ownea at iheir lut address actually furnished to the mortgagee, or addresxd to thc owners at said premises, and ~ aooK 237 PACE 2J~ S`7 ;~3 ~ . . ' - . . . - ~ - ~ ,~y,.~ .,r~-. . . ~ ~ " ? e.w_ „~r,