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HomeMy WebLinkAbout2504 . note secured hereby on th~ pri~cipal thereof after defmlt and maturity, and any such sums so paid writh interest thereon shall constit~te a lirn upon sa~d premises and be secured by this moctgage and in defauit of immediate repaymrnt thercof by the anortgagor after demand, the whole indebtedness sccvrcd hereby shall at the option of the mortgagee become due and payable forthwrith ~vithout notice. N1NTH: 'I~at u futther security for the paymrnt of said indcbtedness and the performance of all of thc terms, rnvenants and condiNons hercof, the mortgagor does hereby mortgagq tnnsfer, set over, usign and pledge to the mortgagee the lessoc's interest and estate in all leaxs. including but not limited to gas, oil and mineral leases. now or hereafter affecting the said prrnuses or anq pact thereof, and all nnts, ~ssues. income, pro6ts, royalties and bonuses due and to become dne there- under, md in the evrnt of a default under any of th~ terms, covenants and conditions of this mortgage the mortgagce is heteby authoriud and anpo~vered to rnllect and receive all such rcnts, issua, income, profits. royaltits and bonuses due and to betome due and to applp ihe sune against uid indebtedness. So long, however, u there shall be no default hereunder the mottgagor shal) have the nght to collect and receive any and all such rrnts, issuts, incomq profits, royalties and bonuses u they respectively become due and payable, and to use the same without accounting to the mortgagee therefor. TEIV1'H: 'I7~at u further security for the payment of said indebtednas and the performance of all of the tecros, covrnants and conditions hereof the mortgagor does hereby mortgage, iransfer, set over, assign and pledge unto the mortgagee all citnis and other ctops now growinR and hereafter grown on uid premises, hereby giving and grantinq unto the mortRagee a 6nt and ptior lirn theceon, provided, however, that such lien shall be and is hereby expreuly made subject and subordinate to anv crop mortgage covering any citrus crops which corx into rxistence bv bloom prior to foreclosure sale u provided by this mortgage or any annual crops planted prior to said foreclosure sale, the pro~•isions of paragraph Eleventh hereof not- w~thstanding_ Any such crop moctgage shalt not hovve~•er be a lien prior to this mortgage on any citrus crop coming into being by bloom subsequent to said foreclosure sale, or on any annual crop planted subsequent to said foredosure sale. ELEVEtV'TH: That the mortgagee may nlease for such consideration, or none, u it maq require. any portion of the above described laad aithout, u to th~ rema~nder of the security, in anywise impairing or affecting the lirns and prioritia herein provided for the moctgagee compared to any subordinate lienholder. TWELFfH: The net ptoceeds of anv judgment, award or settlement in any condemnation or other proceeding for any dama~qe to the premises, buildings or other 6xtura thereon shall be paid to the ~ortgagee and shall at its option, e~ther be applied u a credit on any portion of the unpaid balance of the note xrured hereby, whether then rnatured or tR mahue in the futun, or be released to mortgagor. THIR'I'EE1~TI7-I: That if the mortgagor shall default in the performance of any of the covenants or agreements hercin contained, or if an owner of said premises shall 61e a petition seeking an arranqement or composition or extrnsion or anq other relief nnder or pnrsuant to the Fedenl Bankruptcy Act or any oiher similar statute as now or hereafter in effect, or shall be adjudicated bankrupt or insolvent or anv of his property shall have been sequestered and such decree shall ha~e j continued undischarged and unstaped for ninety days after the entry thereof, the entire indebtedness herebq secured, indud- i ing all payments for tazes, assessments, insurance premiums, liens, attorneys' fees and exprnses herein speti6ed, shall, at the E option of ihe moctgagee, and without notice to the mortqaqor, be due and collectible at once bq foreclosure or otherwise; ' and, except u to property where such ~rovision is prohibited by law, upon commencement oF any foreclosure or at any time i thereafter the mortqagee, u a matter of right, without consideration of the value of the premises, or whether the property i is probably insu(ficirnt to discharRe the mortqage debt or is in danlqer of beinR lost or removed or injured, and irrespective ~ of ihe solvrncy or insolvencv of the mortgaRor or the then owner of said premises, and without notice to the mort¢aqor or ~ any person claiminR under him, shall be rntitled at once to the appointment of a receiver for said premises, to collect the rrnts, issua and ptofits therefrom during the pendency of such foralusure, and the proceeds of said receivership shall be ~ applied bp said receiver toward the paymrnt of the indebtedness securcd bv this mortRaRe, or toward the paqmrnt of such part of the judRmrnt rendercd thereon u mav remain unsatis6ed after the sale of said premises, or to repay to the mortqagee any advancemrnts which said moctgagee may make after the commencement of foreclosure action for taxes, assessments, insurance or other charqes u herein provided, toRether with interest thereon at the same rate as speci6ed in said note secured hereby on the principal thereof after default and maturitv, and from the proceeds of said receivership said raei~er may make necessary tepairs and keep said premises in proper condition and repair pendinR such sale, and pay all taxa and assessments ~ accrued or accruinq or rec~em from sales therefor and pav insurance premiums necessary to keep said premises insured in ~ accordance with the provisions of this mortgage, and pay other proper charges u herein provided, and pay the expenx of the receivership_ ; ~ FOL'RTEENTH: In case this mortgaRe be foreclosed bq a suit in equity and the mortQaged premises be sold to satisfy i ~ a decree of foreclosure, the proceeds of such sale sh;ll be aph~~ed as follows: First, to the ext~enses inc~rred hereunder; ~ ucond, to a r~asonable attorneq's fee for such sen~ices as m~y be necessary for the collection of said indebtedness and the ' foreclosure of this mortgaRe; third, to the payment of whate~~er sum or sums the mortQaRee may have paid or beceme = ~ liable to paq in carryinq ont the terms and stipulations of this mort~age, toQether with interest thereon: and finaily to the i ' payment and satisFadion of said note. The balance, if anq, shall. unless the Cou~t decree otherwise, be paid into the tegistry ~ of the Court having jurisdiction of said foreclowre suit, to abide the further order of said Court. ' FIFTEENTH: ?hat the mottgaqor is lawfully seized of said premises in fee simple and has Rood ri¢ht and lawful authoritq to sell and convey the same, that the same are free from encumbrances except as aforesaid, that it shall be lawful for ~ the mortgagee at all times, peact~ably and quietlq to enter upon, hold, occupy and enjoy said premises and everv part thereof, ~ that the mortRagor wiU execute or procurc anv further necessary assurances of title and does hereby forever warrant qenerallv ~ the tide to said premises and will forever defend the same aqamst ihe claims and demands of all persons whomsoevet, and ~ the mortgagor ~nd the makers of said note especially aqree and declare ~hat the separate estate of each of them, whether vested, ~ ~ contingent or in expectancv, is h~reby conveyed and shal) be bound for the pavment of the debt hereby secured and each does hereby expressly wai~•e, release and rclinquish all rights and benefits of any homestead, appraisement, exemption or stay to ~ which they may be entided under the laws of the state in which said premises are situate, together with all dower or curtesy ~ ri~hts. and all interests and estates, statutory and otherwise and of c~~ery nature ~~hatuK~•cr ~n and to said premises. SIX?EENTH: That the Riving of written notia addressed to the owners of record of said premises or addressed to ~ the said ownea at their lut address actually furnished to the mortgagee, or addrased to the owners at uid premises, and ~ BOGK~38 ~A~E~4y~ . _ ~ ~ ~ ~ y ~ ~ ' ~ ~-ts.7:~;~~- ~ ? - ' i . r . ,:r~ s~z~:• -z = ~'.2.~`A„''t~~. 3'# ~ ~ . a~,~ r'~~`'a `s` '