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Home My WebLink About0939 . . . p ~ , y i ~ , : • ~ , ~ l . i S note secured hereby on che principal thereof after default and maturity, and any such sunu so paid writh interest thereon ~ shall mnstitute a Gen upon sud premises and be securcd by this mottgage and in default of immcdiate repayment thereof ~ by the mortgagor aftec demand, the whok indebtedness sccvred hereby shall at the option of the moctgagce becane due ~ and payatble focth~rith writhout notice. NINTH: 'I7nt u fucther sccurity for the pay~r?rnt of said indebtedness and th~ perfornnance of all of tfie tenns. ~ rnvenants and conditions here~of, tfie mortgagor does hereby mortgage, transfer, set over, assign and plcdge to the mortga~ee ; the lasoi s iaterat aad estate in al! lases, uuludin~ but not limited to gu, oil and minenl leases. now or heceafter zffechng ~ the said premises or any put thereof, and all rentt, ~ssues, income, probts, royaitia and bonuses due and to become du~ there- ~ under, and in the evrnt of a default under any of the terms, covrnants and conditions of this mortgage the moctgagce is ~ hereby authorized and empo~rered to collect and receive all such cents, issua, income, pro6ts, royalties and bonuses due and ~ to become due and to apply tht same against uid indebtedness. So long, howrver, u.there shal) be no defa~lt henunder the ~ moctgagor shall have the right to collect and receive any and all such rents, issues, income, pro6ts, royaltia ac~d bonuses as ~ they rapectively beaome due and payable, and to use the same without ucounting to the mortgagee therefoc. i TENTH: 'I'hat u further security for the paymrnt of said indebttd~ess and the performance of all of the terras, j co.~enants and conditions hereof the mortgagoc doa hereby mortgage, transfer. set over, usign and pledge uoto the mortgagee ' al! citrus and other crops no~r growinR and hereafter growr~ on said pranises, hereby giving and grantinq unto the mort~qagee ~ a 6cst and prior lirn thereon, pcovided, however~ that such lien shall be and is hereby rxp~essly made wbject and sabordinate ~ to any cmp mortgage coveci~g any citnu crops which corx into existence bv bloom prior to .foreciosure ule u provided ~ by this mortgage or anq annual crops planted pnor to said foreclosure sale, the pro~ isions of paragnph Eleventh hereof not- withstanding_ Any such crop modgage shall not however be a lirn prior to this moctgage on any atnu crop coming into : being by bloom subs~quet~t to said foretlosure sale, or on any annual crop planted subsequent to uid foreclosure sale. ; ELEVEIVTH: That the mortgagee may nleue for such considention, or none. u it may requirc. my portion of the : above desctibed land without, u to the remai~der of the se~curity, in anywise impairing or alfe+cting the lirns and prioritia hecein provided for the modgagee canparcd to anq subordinate lienholder. ~ TWELFTH: The net proceeds of anv judgment, award or settlemrnt in any condemnation or other proceeding for # any damaRe to the premises. buildings or other 6xtures thereon shall be paid to the mortgagce and shall at its option, e~ther ` be applied u a credit on any portion of the unpaid balance of the note secvred hereby, whether thrn matuced or to matnre ~ in the future, or be nleased to mortgagor. x THIRTEENTH: That if the mortgagor shall default in the performance of anq of the covrntnts or agr~ements herein i contained, or if an oaner of said premises shall 61e a petiti~n seeking an arnnqemrnt or composition or e~rns~on or any ~ other relief unda or putsuant to the Federal Bankcuptcy Act or any other similar statute u now or hereafter in effect. ot ,i shall be adjudicated banlccupt or insolvrnt or anv of his property shall have been sequatered and such decree shall have ~ continued undischuged and unstayed for ninety days after the rntry thereof, the rntire indebtedness herebP sctivred, includ- ing all paqments for tues, asxssments, insurance premiums, liens, attorneys' fees and expenses herein speci6ed, shall, at the ~ option of the mortgaAee, and without notice to the mortQa~or, be due and collectible at once by forcclosure or othenrise; - and, except u to propetty where such ~mvision is prohibited by law, upon commmcement of any foreclowre or at any time ~ thereafter the mortqagee~ u a matta of right, without consideration of the value of the premixs, or whether tfie property ~ is probably insufficirnt to discharRe the mortgage debt or is in danRer of beinq lost or removed or injured, and irnespertive g of the solveacy or insolvrncv of the mortgaRor or the thrn owner of uid prcmisa, and withoat notice to th~ mort¢aqor or ~ any person cluminR und~r him, shaU be rntitled at once to th~ appointment of a recei~et foc said ~premises, M collect the ~ rrnts, issua and pro6ts therefrom during thc pendtncy of such foralosure, and the procee~js of said receivenhip shall be ; applied bv said erceiver co~vard the paqmrnt of the indebted~as secured bv this mortRage, or toward the paqmcnt of sud~ ; part of the judRmrnt rendered thaeon u mav remain unsatisfied after the sale of said premises, or to repaq to the moctqagee ' any advancemrnts which said mortgagee may make after thc commencement of foreclosure action for taua, a.ssessments, _ insurance or other chu~es u heain provided, toRether with interest thereon at the same rate u specified in said note secvred _ herebp on the principal thereof after default and maturity, a~d from the proceeds of said receivership said receiver may make necessary repain and keep said premises in proper condition and repair pendinR such sale, and pay all taxa and usasments _ ucrued or ucruinq or redcem frorry sajes t,~ercfor and pav insunnce premiums necessary to keep said premisa insured in ~ accordance with the provisions of tMs ~lwrtgag~,~z~fd pry ot6er proper charges as herein provided, and pay the ezpense of the tativership. 3 FOURTEENTH: In case this mortgage be forerlosed b}r a suit in cquity and the mortqaged prcmises be sold to satisfq ~ a daree of foceclosure, the proceeds of wch ule shall be applied as follows: First. to the eztxnses incurred hereunder; i ~ second, to a reasonable attomev's fee for such xrvica u m~~• be necessarv for the collection of said indebtedness and the ~ `ti foralosure of this mortgaRe: thitd, to the payment of whatever sum or sums the mortgagee maq have paid or become ~ liable to pay in carrying oat the terms and stipulations of this mortgage, toqether with interest thereon: and finally to the ' ~ payment and satisfaction of said note. The balance, if anq, sh~tl, unless the Coud decree otherwise, be paid into the registry ~j of the Court having jurisdidion of said foreclosure suit, to abide the further order of said Court. FIFI'EEIV1'H: 'That the mortgaqor is lawfully seized of said premixs in fee simple and has Rood riqht and lawful ~ authority to sell and conveq the same, that the same ue free from encumbranca except u aforesaid, that it shall be lawful for ~ the mortgagee at all times, peaceably and qnietlp to enter upon, hold, ocevpy and enjoy said premises and rvery part thereof, ~ that the mortRagor wil{ execute or ptocure anv furthn naessary a~surances of title and does hereby forever warrant Renetallv ~ the title to said premisa and will forever defend the same aqainst the claims and demands of all persons whomsoever, and the mortgagor and the malcets of said note especiilly aqree and dalarc ?hat the separate estate of each of them, whether vested, Y contingent or in expectancv, is hereb~ con~eyed and shall be bound for the pavmrnt of the debt hereby secvred and each does ~ hereby e~cpresslq waive, relrise and relinquish ~Il rights and brne6ts of any homestead, appraisement, chcemptiba or stay to : which they may be entitled under the laws of the state in which said prcmises are situate, together with all dower or cuttesy ~ ~ rights, and all interests and cstatcs, statutory and otherw+isc and of every nature whatsoe~-er in and to said premises_ ; SIXTEEI~FI~,, 'Il~at the Riving of written notice addresxd to the owners of raord of said prcmises or addressed to 1 • the said ownea at their lut addras actually furnished to the mortgagee, or addresxd to the ownea at uid premises. and ~ f ~ C ~ ~ f\57L ~ _ ~ . E' . ~ _ ~y.: a~ GR,~.~