HomeMy WebLinkAbout0245 Qote secured hereby on the principal thereof after default and maturity, and any such sums so paid ~?ith intecest thercon
slull constitute a lirn upo~ said premises and be secured by this mortgagc and i~ default of immediate repaymrnt thereof
by the mortgagoc after demand, the whole indobtedness saured hcreby shali at the option of the mortgagee bocome due
and payable fodh~vith ~vithout notice.
NINTH: 'Il~at as Eurther secvrity For the paymrnt of said indebtedness and the performance of all of the terms.
covrnants and conditions hereof, the mortgagor dots hereby moctgage, trinsfer, set over, au~gn and Qledge to the mo~tgagee
the lessor s interest and atate in all leases, including but not limited to gas, oil and mineral leases, now or heceaftcc affecting
the said premises or any part thereof, and al[ rents, ~ssues, income, profits, royaltia and bonuses due and to become due th~re-
under, and in the cwent oE a default under any of the terms, covrnants and conditions of this mortgage the moctgagce is
hereby authorized and ennpow~ercd to collect and receive all such rrnts, issues, income, pro6ts, royaltia and bonuses due a~d
to become due and to apply the same against uid indebtedness. So long, however, u there shall b~ no default hereunder the
mortgagor sha11 have the nght to coltect and receive any and aU such rents. issues, income, profits. royalties and bonuses as
they rapatively become due and payable, and to use the same withaut accounting to the mortgagee therefoc.
TEIV7H: 'I?~at u further security for the payment of said indebtedness and the performance of all of the terms,
covrnants and conditions hereof the mortgagor does hereby mortgage, tnnsfer, set ov~r, assign and pledge unto the mortgagee
all citrus and other crops noa growinR and hercafter grown on said premises, hereby giving and grantinq unto the mortRagee
a first and prior tirn thereon, provided, hawever, that such tirn shatl be and is hecrby expressly rrude subject and subordinate
to an9 crop mortgage covering any citrus cro~s which cor~e into existmce bv bloom prior to foreclosure sale u pr~ovidcd
. by this mortgagc or any annual crops planted prior to said foreclosure sale, thc pro~~isions of paragraph Ele~•enth hereof not- ~
w~thstanding. Any such crop mortgage shall not howe~•er be a lien prior to this mortgage on any tittus crop coming into ;
being by bloom subsequent to uid foreclosure sate, or on any annual crop planted subsequent to said foreclosure sale. ~
. ELEVENTH: ~at the mortgagce tnry releue far such consideration, or none, u et may require, any pottion of the
above desctibed land aithout. u to thc rem~indet of the sauritp, in anywise impairing or affecting the lirns and priorities
herein provided for the mortgagee compared to any subordinate lienholder.
'TVVELFTH: The net proceeds of anv judgment, award or settlement in any coodemnation or oth~r proceeding for
anq dunaRe to the pranists. buildings or other fixtures thereon shall be paid to the mortgagee and shall at its option. either
b~ apptied u a credit on an~r portion of the unpaid balance of the note savred hereby, whether then maturcd or to riuturt
in the future, or be nleased to mortgsgor.
THIRTEENTH: That if th~ morigagor shall default in the performance of any of the covrnants or agceemcnts herein
contained, or if an owaer of siid premises shall file a petition seeking an arranQemrnt or composition or extrnsion or any
other relief under or pursuant to the Fcderal Bankruptcy Act or any other similar statute as naw or herrafter in effert, or
shall be adjudicated bankrupt or insolvrnt or anv of his property sha11 hav~ been seyuatercd and such decrce shall have
continued undischarged and unstaqed for ninety days after the rntry thereof, the rntire indebttdnas hereby secured, includ-
ing all papmrnts for tues, assessmrnts, ins~rance premiums, liens, attorntys' fees and txprnses herein speci6ed, shal[, zt the
option of the morigagee, and without notice to the mortRaqor, be due and collectibte at once by foreclosure or otherwise;
and, ezcept u"to pcopcrty_ahete such ~rovision is prohibited by law, vt~on commrncement of any forcclosure or at any time
thereafter the modqagee. u a matter of right, without consider~tian of the value of the premises, or whether the property
is probably insuflicient to dixharRe the mortRage dcbt or is in danRer of be+nR lost or removed or injured, and irrespective
of the solvrncy or insolvrncv of thc mortgaRor or the then owner of said premises, and without notice to the mort¢aRor or
any person claiminq under him, shall be entitled at once to the appointment of a receiver for said premises, to collect the
rents, ~ssues and pro6ts thertfrom during thc pendency of such foreclosure, an~ the proceeds of said recei.ership shall be
applied by said teceiver toward the paqmcnt of the indcbtedness secured bv this mortRage, or toward the payment of such
part of the judRmrnt rrndertd thereon u mav remain unsatis6ed after the sale of said premises, or to repip to the mortRagee
anq adva~ctmrnts which said mortgagee may make after the commencement of foreclosure acNon for taxes, assessments,
insurance or other charqa as herein provided, to~qethcr with interest therrnn at tha,p~~e~nte as s~i~iod ir~ said note sectired
hereby on the principal thercof after default and maturitv, and from the procee~s bf said receivership 'sd'id raei~er maq make
necessary repairs and keep said premises in proper condition and repair pendinR such sale, and pay all taxes and usasments
ucrued or ucruinq or redeem from sala therefor and pav insurance premiums necasary to keep said prrmises insured in
acmrdance with thc provisions of this mortgage, and pay other proper charga as herein provided, and pay the e~cpense of
the recrivenh;p.
FOURTEEIVTH: 1n case this mortRaRe be foreclosed by a suit in equity and the mortQaged premises be sold to satisfy
a daree of foreclosure, the procerds of such sale sh111 be applied u follows: First. to the e~cpenses incurred hereunder;
setond, to a rtasonable attornev's fee for such xn•ica u may be nrcessary for the collection of said ind~edr~as and the
foreclosure of this mortgaR~: third, to tht payment of whate~•er sum or sums the mortqagee may have paid or become
liable to piy in carrying out thc tetms and stipulations of this mortqage, toqether with interest thereon: and 6nally to the
payment and satisfaction of said note. The balance, if any, shall, unless the Court decree otherwise, be paid into the registry
of thc Court having jurisdidion of said foreclosure suit, to abide the further order of said Court_
FIFTEEN'TM: 'I7~at the mortgaqor is lawfuity sei2ed of said premises in fee simple and has Rood riQht and latvful
authority to sel) and convey the same, that the same are free from encumbrances except as aforesaid, that it shall be lawful for
the motigagee at all tima, peacC~bly and quietly to enter upon, hold, occupy and enjoy said premiscs and every part thereof,
that the mortRap,ot will e~cecute or procure any further necessary usurances of title and does hereb~ fore~er warrant Renerall~
the title to said prcmixs and will forever defend the same aqamst the claims and demands of all persons whomsoever, and
the mortgagor and the m~lcers of said note especially aqree and dalare ?hat the separate est~te of each of them, whether ~ested,
contingent or in eucpectancv, is hereby conveyed and shall be bound for the pavment of the debt hereby secured and each does
haebq expresslq waive, release and relinquish all rights and bene6ts of any homestead, appraisement, cxemntion or stay to
which they maq be entitled unde[ the faws of the state in which said premises are situate, together with all dower or curtesy
rights~ aiid all interests and estates, statutory and otherwise and of cre~• nzture whats~xrer in and tu said premixs.
SIXT'EEIVTH: That the Riving of written notice addressed to the owaers of raord of said premises or addressed to
the said owners at their lut address actuaUy furnished to the moctgagee, .or addrased to the owners at said premises, and
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