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Home My WebLink About0868 , ' • aote saurcd hereb~ oa the prinripal thcreof ifter default and cnaturiq. and aa~ wch suans so paid w?id~ interest thec~eon st~ll connitute a Gea upoa uid premisa and be saured by ~his ino~tg ge and ia defanlt oE immediste repayment tl~ercof b~ the awrtgagor afta deaund, the wrhok indebtedness s~cvred herebjr slull at the option of the mortgagee becane due and payable forthwrith w+ithoat notice. NIrTI'fI: 'Ihzt u further sauritp for the papnent of said indebtednas and the performance of dl of the terms, covenants and conditions hercof, the mortgagor does heaby mortgage, transEer, set over, ais~gn and plcdge to the moctga$ee the lessoi s interest and atate in all leues, includin~ bnt ~ot limited to gas, oil and rtineral leases, now? or heteaftet a(fethng dx u;d pr~;~ or ~r p~rc ~heKOf. and all ccnts. ~ssues, incoax. pm6ts, rqaltia and bonuses duc and to become doe there- under, and in the evrnt of a default under anp of the tem~s, rnvrnants and conditions of this mortgage the mortgagee is hereby authoriud and empo~?ercd to colkct and rercive all such rrnts, issua, income, pco6ts, royaltia and bonuses dne and to become due and to apply the same agaic~st said indebtednas. So long. ho~vever, u there shal! be no default hereunder the mortgagor shall hive the right to collect and receive any and all wch ants, issues. income, pro6ts. rqalties and bonuses u they rapativelr becane due and payable, and to nse the same ~vithout accounting to the modgagee therefor. 1'EIVTH: Ttiat u further secvrity for d~e pavme~t of said indebtednas snd the performuxe of all of the ter~as~ covenants and conditions hereof the mortgagor does hereby mortgage, transfer, set ove~, assign and pledge unto the mortgagee all citrus and other crops ~o~w gioyinR and hereafter growm on uid pranises. heab~ g~ving and grantinR unto the modRagee ~ a 6rst and prior lien theceon, pcovided, ho.vcwa, that such lien shall be and is heceby exprasly made subject and subordinate ~ to ano crop moc~gage~ mvering aa~ citnu ccops which cor x into existaue bv bloan pr~or to forcclosure sale u provided by this mortgage or any annual crops planted prioc to said foralosure ule, thc pro~ isions of paragraph Eleventh liereof not- w~thstanding. Any such crop mortgage shall not however be a tirn prior to th~s mortgagc on any ntnu crop coming into being by bloom subaequrnt to uid forecb~une sak, dt,~on any annual crop pl~nted subaequrnt to uid foceclasure sale.. ELEVEIVTN: 'Il~at the morigagee maq release for s~ch considrntion, or none, as it auy require, an~ portion of the above destribed land writhout, u to the temainder of the security, in anyaise impairing or aiftcting the lirns and priorities herein provided for the mortgagee campared to anq subordinite lienholder_ 'TWELFTH: Tbe net proceeds of anv judgment, awud or settlement in any condemnation or other proceeding for any damaqe to the ptanises, bu~ldings or other 6xtures thereon shall be paid to the mortgagee and shill at its option, e~ther be applied u a credit on any poction of the unpaid balance of the note sccvred hereby, wd~etha thrn macured or to mztnre ~ in the future. or bt released to_mortgagor- , THIR'I'EENTH: That if the mortgagor shall default in the performince of any of the covenants or agceen?ents herein ' `I contained, or if an o~vner of said premises shall 61e a petiticu~ seelcing an amnqemrnt or composition or extrns~or~ or any ! othet alief unda or purs~ant to the Federal Bankcuptcy Act or any other similar stitute u no~r or hereafter in elfect, or ~ shall be adjudicated bankrupt or insolvrnt or anv of his propert' s}ull have been sequesteced and such dccree shall have ~ continued nndischuged and unstayed for ni~ety days afta the rntry th~reof, the rntire indebtedness hetehy savted, i~xlud- ing all payments for tues, assessrnents, insurance pcemiums, lirns, attorneys' fecs and c:prnses herein specified, shall, at the option of the mortgagee, and writhont notice to the mortRaqor, be dae and rnllectible at once by foredosure or otherwrise; and, except u to property ~rherc such ~rovision is prohibited by Iaw, upon canmencemrnt of any foreclosure or at any time thereafter the mortqagee, u a matter of right, without consideration of the value of the pcemisa, or whether the prop~rty is probably insnfficirnt to dixharRe the mortRage debt or is in danRer of being lost or removed or injured, and im~spective of the solvrncy or insolvrncv of the morigaRor or the thrn o~vner of said premises, and without notice to the mortqaqor or any person daiminR under him, shall be rntided at once to th~ appointment of a receiver for said premises, to collat the a rrnts, ~ssua and profics therefrom during the pendency of such forcclosure, and the proceeds of said receivership shall be applitd by said recciver to~nrd the paymrnt of the indebtrdness secured bv this mortRage, or taarard the payment of such part of the judRment rrndered thereon u mav remain unsatis6cd after the sale of said premisa, or to repay to tfie mortqagee ano idvancemrnts w~hich said mortgagee may make after thr corrunencement of foreclosure ution for taxa. assessmrnts. insurance ot other chuqes u heain provided, toRether with interest thereon at the sanx rate u spccified in said note secured herebq on the principal thereof after default and maturitv, and from tfie proceeds ef said rectivership said rectiver may make ~ necasary repa~n and keep said premises in proper condition and rcpair prndinq such ule, and pay all taxes and usessments ~ ucrued or uccuinR or redtem from ules therefor and pav insurance premiums necessary to keep said premises insured in ~ umrdance ~vith the provisions of this mortgage, and pay other proper charges u herein provided, and pay the exprnse of ~ the receivetship. ~ FOURTEENTH: 1n case this mortgaRe be foralosed by a suit in equity ~nd the moriqaged premises be sold to utisfy a a decree of foralosure, the ptoceeds of such sale sh~ll be applied u follows: First. to the exvenxs incurred hereunder; second, to a reasonable attomer's fee for sach services u m~y be necasarv for the collection of said indebtedness and the : foreclosurc of this mortgaRe: third, to the p:yment of whatever sum or wms the mortqagee may have pzid or become liable to pay in cartyinq out the tecros and stipulations of this mort~age, toqether with interest thereon: and finally to th~ ~ paymmt and satisfaction of said note. The balance, if any, shall. unless the Court decree otherwise, be paid into the registry - of the Court having jurisdidion of said foralosurc suit, to abide the furthcr order of said Court. ~ FIF'I'EENTH: 'Il~at the mortgaqor is laafully xized of said premises in fee simple and has Rood riQht and Iz~vful ~ authority to sell and convey the same, that the same are free from encumbranca ezcept u aforcsaid, that it s}nll be lawfut for F. 5~ the mortgagee at all times, peactably and quietlP to enter upon, hold, occupy aAd rnjoy said premises and everv part thereof, _ dut the mortRagor ~?ill tuecute or procure anr further naeuary uwrances of title and doa hereby Eorevec ~?urant Renerallv srz the tide to said premisa and ~vill forever defrnd the same a~ainst the daims and demands of all persons w~homsoever, and ~ the mortgagot and the makets of said note apecially aqree and declue ~hat the sepante estate of ach of them, whether vested, ;;'S contingent or in expertancv, is hercby conve~ed and shall be bound for the pavment of the debt hereby secured and euh does hcreby exprculy ~vaive, rdease and relinquish all rights and brne6ts of any hornestead, appraisemrnt, exemption or stay to ~ which they may be rntitkd under the la~?s of the state in .vhich said pranises are situate, together with all dower or curtesy ~ rights. and all interests and estztes, statutory and otherwise ~nd of e.~ery nature whatwever in and to said premisa. ~ S1X'I'EEN'1'H: 'I'hat the Riving of w+rittrn notice addreued to the owrnen of rccord of said premisa or addresscd to the said o~rners at theit last addras utually furnished to the moctgagee, or addressed to tfie ornen at said premises, and 80~ 281 ~~E 86fi ~ i,