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HomeMy WebLinkAbout1880 note secured hereby on the principal thereof after default and maturity, and any such sums so paid with interest thereon shall constitute a lirn upon said premises and be secured by this mortgage and in default of immediate repayment thereof by the mortgagor after demand, the whole indebtedness secured hereby shall at the option of the mortgagee become due and payable forthwith without notice. NINTH: 'Il~at u further security for the paymrnt of said indebtedness and the performance of all of the teems, covrnants and conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledge to the mortgagee the lessor s interest and estate in all leases, including but not limited to gu, oil and mineral leues, now or hereafter affecting the said premises or any part thereof. and all rents, issues, income, profits, royalties and bonuses due and to become due there- . under, and in the evrnt of a default under any of the terms, tovrnants and conditions of this mortgage the mortgagee is hereby authorized and em veered to collect and receive all such rrnts, iswes, income, profits, royalties and bonuses dut and to become due and to apply the same against uid indebtedness. So long, however, u there shall be no default hereunder the mortgagor shall have the right to rnlleet and receive any and all such rrnts, issues, income, profits, royalties and bonuses u they respectively became due and payable, and to use the same without accounting to the mortgagee therefor. TE1VT'H: That 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, 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 expressly made subject and subordinate to any crop mortgage covering any citrus crops which come into existence by bloom prior to foreclosure sale u provided by this mortgage or any annual crops planted prior to said foreclosure sale, the provisions of paragraph Eleventh hereof not- withstanding. Any such crop mortgage shall not however be a lirn prior to this mortgage on any estrus crop coming into being by bloom subsequent to said foreclosure sale, or on any annual crop planted subsequent to said foreclosure sale. ELEVENTH: That the mortgagee may release for such consideration, or none, u it may require, any portion of the above described land without, u to the remainder of the security, in anywise impairing or affecting the lirns and priorities herein provided for the mortgagee compared to any subordinate lienholder. TWELFTH: The net proceeds of anv judgment, 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, ether 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 rcltased to mortgagor. - • THIRTEENTH: 'T'hat if the mortgagor shall default in the performance of any of the covrnants or igreemrnts herein contained, or if an owner of said premises shall file a petition seeking an arrangemrnt or composition or exirnsion or any other relief under or pursuant to the Federal Bankruptcy Ad or any other similar statute u now or hereafter in effect, or shall be adjudicated bankrupt or -insolvent or anv of his property shall }-aye bern sequestered and such decree shall have continued undischarged and unstayed for ninety days after the entry thereof, the rntrre indebtedness hereby secured, includ- ing all payments for taxes, assessments, insurance premiums, liens, attorneys' fees and ezprnses 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, txcept u to property where such provision is prohibited by law, upon commencement 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 insolvrncv of the mortgagor or the then owner of said premises, and without notice to the mortgagor or § anq person claiming under him, shall be rntitled at once to the appointment of a receiver for said premises, to collect the rents, issues and profits therefrom during the pendency of such foreclosure, and the proceeds of said receivership shall be 1 applied by said receiver toward the paymrnt of the indebtedness secured by this mortgage, or towed the payment of such part of the judgmrnt rrndered thereon u may remain unsatisfied after the ule of said premises, or to repay to the mortgagee I any advancements which said mortgagee may make after the commencement of foreclosure action for taxes. assessments, insurance or other chuges u herein provided, together with interest thereon at the same rate u 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 usessments ucrued of accruing or redeem from sales therefor and pay insurance premiums necessary to keep said premises insured in accordance with the provisions of this mortgage, and pay other proper charges u 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 r a decree of foreclosure, the proceeds of such sale shall be applied as follows: First. to the exaenses incurred hereunder; second, to'a reasonable attorney's fee for such services u may be necessary for the collection of said indebtedness and the 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 paymrnt and satisfaction of uid note. The 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 seized of said premises in fee simple and has good right and lawful authority to sell and convey the same, that the same ue free from encumbrances except u aforesaid, that it shall be lawful for '3 the mortgagee at all times, peaceably and quietly to enter upon, hold, occupy and enjoy said premises and every part thereof, that the mortgagor will execute or procure any further necessary uwrances of title and does hereby forever wurant Rrnerally the title ro uid premises and will forever defend the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of said note especially agree and declue ?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 expressly waive, release and relinquish all rights and brnefits of any homestead, appraisement, exemption or stay to which they may be entitled under the laws of the state in which uid premises are situate, together with all dower or curtesy rights, and all interests and estates, statutory and otherwise and of every nature whatsoever in and to said premises. SIX'T'EENTH: That the Riving of written notice addressed to the owners of record of said premises or addressed to 5 the said owners at their last addreu actually furnished to the mortgagee, or addressed to the owners at said premises, and nnrr~~ p I Rti JU~ f',: r~ ~ 8 I J ti _ - _ - - ~i i~