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HomeMy WebLinkAbout1869 note secured hereby on the principal thereof after. default and maturity, and any such sums so paid with jnterest thereon shall constitute a Grn upon said premises and be secured by this mortgage and in default of imrncdiate repaymrnt thereof bl' the mortgagor after demand, the whok indebtedness secured hereby shall at the option of the mortgagee become due and payabk forthwith writhout notice. NIN'T'H: That as-further security for the paymrnt of said indebtedness and the performance of all of the terms, covenants and conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledge to the mortga the kssoi s interest and estate in all leases, ~ncludin$ but not limited to gas, oil and mineral leases, now or hereafter affecting the said premises or any part thereof, and all rents. issues, income, profits, royalties and bonuses due and to became due there- under, and in the evrnt of a default under any of the terms, covrnants and conditions of this mortgage the mortgagee is hereby authorized and em veered to collect and receive all such ernes. issues, income, profits, royalties and bonuses due and to become due and to apply the same against said indebtedness. So long, however. as there shall be no default hereunder the mortgagor shall have the right to collect and receive any and all such ernes. issues, income, profits. royalties and bonuses as they respectively become due and payable, and to use the same without accounting to the mortgagee therefor. TENTH: That as further security for the paymrnt of said indebtedness and the performance of all of the terms, covnnants and conditions hereof the mortgagor does hereby mortgage, transfer, set over, assign. and pledge unto the mortgagee all citrus and other crops now growing and hereafter grown on said premises, hereby giving and granting unto the mortgagee a first and prior lirn thereon. provided, however, that such lirn shall be and is hereby tzpressly made subject and subordinate to any crop mortgage covering any citrus crops which corx into existence by bloom prior to foreclosure sale as provided by this mortgage or any annual crops planted prior to uid foreclosure ule, the provisions of paragraph Ekvrnth hereof not• withstanding. Any such crop mortgage shall not however be a lien prior to this mortgage on any ntrus crop coming into being by bloom subsequent to uid foreclosure sale, or on any annual crop planted subsequent to said foreclosure sale. ELEVEIV'I'H: That the mortgagee may releax for such consideration, or none, u it may require, any portion of the above described land without, u to the ranainder of the security, in anywix impairing or affecting the liens and priorities herein provided for the mortgagee compared to any subordinate lienholder. T"WELFT'H: The net proceeds of any judgmrnt, award or settlement in any condemnation or other proceeding for any damage to the premises, buildings or other fixtures thereon shall be paid to the mortgagee and shall at its option, either be applied u a credit on any portion of the unpaid balance of the note secured hereby, whether thrn matured or to mature in the future, or be released to mortgagor. T'HIRTEENT'H: That if the mortgagor shall default in the performance of any of the covrnants or agreemrnts herein conhined, or if an owner of said premises shall file a petition .seeking an arrangement or composition or extrnsion or any other relief under or pursuant to the Federal Bankruptcy Act or any other similar statute as now or hereafter in effect, or i shall be adjudicated bankrupt or insolvent or any of his property shall have bern sequestered and such decree shall have continued undischarged and unstayed for ninety days after the entry thereof, the rntire indebtedness hereby secured, includ- ing all payments for taxes, assessments, insurance premiums, liens, attorneys' fen and expenses herein specified, shall, at the option of the mortgagee, and without notice to the mortgagor, be due and collectible at once by foreclosure or otherwise; and, except u to property where such provision is prohibited by law, upon commrncemrnt of any foreclosure or at any time thereafter the mortgagee. u a matter of right, without consideration of the value of the premises, or whether the property is probably insufficient to discharge the mortgage debt or is in danger of being lost or removed or injured, and irrespective of the solvency or insolvency of the mortgagor or the thrn owner of said premises, and without notice to the mortgagor or any person claiming under him, shall be rntitled at once to the appointment of a receiver for uid premises, to collect the x ernes, issues and profits therefrom during the pendency of such foreclosure, and the proceeds of said receivership shall be applied by said receiver toward the payment of the indebtedness secured by this mortgage, or toward the paymrnt of such 1 part of the judgrnrnt rrndered thereon as cony remain unsatisfied after the ule of said premises, or to repay to the mortgagee any advancemrnts which said mortgagee may make after the commencemrnt of foreclosure action for taxes, uxssments, insurance or other charges as herein provided, together with interest thereon at the same rate as specified in said note secured hereby on the principal thereof after default and maturity, and from the proceeds of said receivership said receiver may make necessary repairs and keep said premises in proper condition and repair pending such sale, and pay all taxes and uxssments ucnred of accruing or redeem from sales therefor and pay insurance premiums necesury to keep said premises insured in t ucordance with the provisions of this mortgage, and pay other proper charges as herein provided, and pay the expense of the receivership. FOURTEENTH: In case this mortgage be foreclosed by a suit in equity and the mortgaged premises be sold to satisfy - a decree of foreclosure, the proceeds of such sale shall be applied as follows: First. to the expenses incurred hereunder; second, to a reasonable attorney's fee for such~xrvices as may be necessary for the collection of said indebtedness and the t foreclosure of this mortgage: third, to the payment of whatever sum or sums the mortgagee may have paid or become liable to pay in carrying out the terms and stipulations of this mortgage, together with interest thereon: and finally to the payment and satisfaction of said note. 'Ilse balance, if any, shall. unless the Court decree otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure suit, to abide the further order of said Court. FIFTEENTH: That the mortgagor is lawfully xized of said premixs in fee simple and hu good right and lawful - authority to sell and convey the same, that the same are free from rncumbrances except u aforesaid, that it shall be lawful for the mortgagee at all times, peuezbly and quietly to enter upon, hold, occupy at~d enjoy said premises and every part thereof, that the mortgagor will execute or procure any further necessary assurances of title and does hereby forever warrant grnerally ` ~ the title to said premises and will forever defrnd the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of said note especially agree and declare ?hat the separate estate of each of them, whether vested, contingent or in expectancy, is hereby conveyed and shall be bound for the pavmrnt of the debt hereby secured and euh does hereby txptessly waive, releax and relinquish all rights and brnefits of any homestead, appraisemrnt, exemption or stay to which they may be rntitled under the laws of the state in which uid prcmixs are situate, together with all dower or curtest' ~ rights, and all interests and estates, statutory and otherwise and of every nature whatsoever ~n and to said premises. SIXTEENTH: That the giving of writtrn notice addressed to the owners of record of said premises or addressed to the said ownea at their last address achully furnished to the mortgagee, or addressed to the owners at said premises, and ~ ~ DY ~U1 r:.=:~ 18U~ x - - - . n iJ - g aY.