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HomeMy WebLinkAbout0088 10. tORECLOSURE O~ ~UN10R LIENS. If forcclosure pto~~eedii?gc of any second mortgage o~ ucond lrust deed or any junio~ iieqs o( ~.y kind shouid be insuwteci. i~e ~ioriguget. at i~iari~~~'s opiiuc~~ iiiiiiiz'c::3:c~j~ 3i t~i~T:afitC ~:t3}• :l~ti4arr ~his r~ertg~ge ~r~~ the indebtedneu securcd due and payable. - i l. CONDEMNA170N. That in the event the p~emises m~r~ga~ed. or sny part of them, shall be condemned and taken for public use under the power of eminent domain, the Mort~agce shall have the ri~ht to demand that all damaga awarded for the taking of or damage to the premisa shall be paid to the Mon~ee. up to the amount thm unpaid on this mortgage and the obligation secured. and may be appiied upon the payments lut pay~ble under this mort~e snd the obli~ation secured. 12. PRESERVATION AND MAINTENANCE OF PROPERTY. Mongagor agrees to permit. commit or sufter no waste. impairment or deterioration of the propeny. or any part of it o~ tde improvements thereon at any time. The faiture of the Mongagor to comply with this covenant shall constitute ~ braeh of this ~nortgago and, at the option ot the Mortgaga. immediately mature the entire u~paid principai and interat securcd. The Mortgsga. without notia. then may institute p~axedings to foreclose this mortgage and apply for the appointment of a Receiver, as heretofore provi~. 13. INSPECTION. Mortgagee may make or cause to be made reasonabk entries upon and inspections of the Property. provided that Mortgagee sAal1 gi~e N1oRgagor notice priur iv any auci~ iiu~:,i;v~, s~,i~:;~;;,g i~w.'svuwvi~ wC:» :u.:~~~: ;~I~t~ \An?~oqawr.'c int~?rct in ~ oro-- the Property. 14. LEASEHOLD6: CONDOMINIUMS; PLANNED UNR DEVELOPMENTS. If this Mortgage is on a unit in a rnndoininium or a planned unit development. Mortgagor shall perfona all of Mortgagor's obligations under the declaration or covenants creating or governing the condominium or planned unit development. the by-laws and regulations of the condominium or planned unit development~ a~d constituent documents. [f a oondominium or plannM unit development rider is executed by Mongagor and recorded together with this ' Mongage. the covenants aad a4greements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. 1S. 1'RANSFER OF THE PROPF.R'IY. That if conveyance should be made by the Mortgagor of the premisa above described or any part of them without the writta? coasent of the Mortgaga and/or without assumption in reguiar form of taw by the grantee of the obligation to the Mortgagee created under this mortgage. tbea. at the optioa of the Mortgagee and without notice to the Mortgagor. all sums ot money secured shap become due and payable and in default immediately and concurrently with the conveyance, whether or not they are so due a~d payable and in default by the specific ternu of this mortgage and the note sccured thereby. 16. FITTIJRE ADVANCFS. This mortgage is intended to be and is a mortgage to secure the payment of the promissory note described herein and to securc such future or additional advanoes as may be made by the Mongagee, or Mongagee's successors and assigns. at their option to the Mortgagor. or Mortgagor's sucassor in titlt. for any purpou. prorided that all those advances are to be made within twenty (20) years from the date of this mortgage, or within such laxr period of time as may be provided hereafter by taw as a prerequisite for che sufficiency of actual notice or record notice of the optional future or additional advances as against the rights of creditors or subsequent purchasers for valuable consideration. The total amount of indebtednas securtd by this mortgage may decrease or increase from time to time. but the total unpaid `oatance so securcd at any one time shsl! not excced the maximum principal amount of S R,(1(1(1 (1 p , plus interat, and any disbursar?cz~ts made for the payment of tazes. levies or insurance on the property covercd by the lien of this mortgage. with interest on those disbursements. 17. HUSBANDRY CLAUSE, ETC. The said Mortgagot further rnvenants and agrea for so long as all. or any part of the indcbtedness securod hereby remains unpaid to preserve. maintain and care for the citrus groves upon the above described Rremisa. such care and maintenana to inciude cuitivating, spraying~ dusting. pruning, fertilizing, watering, protection against damage by trost and fire, marketing of crops and replanting of tras whrn needed. all to be done in a husband-Gke manner and in accordana with approved methods of grove culture. and agrce not to top-work said grova without the writtrn rnnsent of the holder of this Mortgage. provided further that upon the ~ failure of the Mortgagor to fully comply with any or all provisions of the above mvenants, the holder of the indebtedness secured ~ereby, in addition to all of holder's other rights and ranedia for breach of coveaants in this Mortgago contained, and in addition to holder's right. hereby expressly given. to declare a default upon the breach of any such covenant, may. at holder's option, take such action as it deems necessary to praerve, maintain and care far sucA premises for so long as all or any part of the indebtednas secured hcreby is unpaid. and any reasonable eapenx incurred by holder in so doing shall become part of the indebtednas secured hereby. and shall bocome immediately due and payable aztd shall bear interrsi at ihe rate provided hercin for matured obligations; however, it is expressly understood and agreed that the holder of such indebtodnas is under~no obGgation to so do. eacept at hotder's own election. and failure on the part of such holder to take any action hereunder shaU not constitute a waiver of further br~acha of such covenants: it is further rnvenanted and agreed by the said Mortgagor that Mortgagor will not mine or caux~ authoriu or permit any mining of phosphate, limerock. limestoae. clay, sand. oil. petroleum or any other mineral orr the lands securod by this Mortgage without prior writttn rnnsent of the Mongagee and any violation of this covenant shall give the said Mortgaga the option to declare a default on said Mortgage and aceelerate the principal balance due on the Note hereby secured, togMher with any other rights in case of default, as otherwise provided in this instrument. 18• REMEDIES CIJMULATtVE. All remedia providM in this Mortgage are distina and cumulative to any other right or remedy under this mortgage or afforded by [aw or equi[y, and may be exercised concurrently. ind ndent~y or successively. IN WITNESS WHEItEOF. Mortgagor has executed this Mortgage. ` Signed. Sealed and Delivered in the presence of: ' (SEAL) ~ . EOR E A BAR .TT , , /7 / , ~ ( . _ ~'il~ ~ ~ (SEAL) ~Ks To Mortgagor ~ R 88 . , ~ , . _ ~~c?~ ~ ~cr x ~+;k~~,.~'-R~,~~ , ~ _ s,.~~~d~~. , s .^;.,e:;