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HomeMy WebLinkAbout2367 ~ ~ 18. In the event the Mortgagor, without prior written consent of the Mortga~ee, shall sell, convey, transfer, mortgage or encumber (or ahail contract to sell, convey or transfer in exchange for insta Invent payments) the lldortgaged Preto- ises or any part thereof or any internal therein. or shall be divested of title or any interest therein in any manner or way, whether voluntary or involuntary, the entire balance of the indebtedness shall be accelerated and become immediately due and payable, at the option of the Mortgogee upon thirty (30) days written notice to Mortgagor. In the event Mortgagee i elects to accelerate the entire balance of the indebtedness, Mortgagee shall have no obligation to allege or show any im- ~ pairnient of its security and may pursue any legal or equitable remedies for default in such payment without such alle- gation or showing. 20. No delay by Mortgaggeeee in exercising any right or remedy hereunder, or otherwise afTorded by law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. No waiver by } Mortgagee of any default shall constitute s waiver of or consent to subsequent defaults. No failure of Mortgagee ~ , exercise any option herein given to accelerate maturity of the debt hereby secured. no forbearance by Mortgagee bef gg or after the exercise of such option and no withdrawal or abandonment of foreclosure proceedings by Mortgagee shall I be taken or construed as a waiver of its right to exercise such option or to accelerate the maturity of the debt hereby se- cured by reason of any past, present or future default on-the part of Mortgagor; and. in like manner, the procurement ~ of insurance or the payment of taxes or other liens or,~ch~rges., shall not be taken or construed as a waiver of its right ~ , to accelerate the maturity of the debt hereby secured.' ; . 21. Mortgagor shall permit Mortgagee or its authorized representative to enter upon the premises during normal and customary business hours for the purpose of inspecting the same and, to the extent not promptly or properly done by Mortgagor, to perform any work that is necessary to comply with any laws, ordinances, rules, regulations or require- ments of any public authority or that Mortgagee, in its sole discretion, may deem necessary to prevent waste or de- terioration of the premises. Nothing herein shall be construed to require.. or imply any duty on the part of. Mortgagee to perform any work described in this paragraph. 22. Mortgagor shall, upon receipt of a written request from Mortgagee, provide to Mortgagee a certified list of all i tenants occupying the premises, together with a copy of each tenant lease and all modifications and amendments thereto. 23. Without affecting the liability of Mortgagor or any other person (except any person expressly released in , writing) for payment of atiy indebtedness secured hereby or for performance of any obligation contained herein. and without affecting the rights of Mortgagee with respect to any security not expressly released in writing. Mortgagee may, at any time and from time to time, either before or after the maturity of said note, and without notice or consent: (a) Release any person liable for payment of all or any part of the indebtedness or for performance of any obli- gation. (b) Make any agreement extending the time or otherwise altering the terms of payment of`all or any part of the indebtedness, or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof. (e) Exercise or refrain from exercising or waive any right Mortgagee may have. (d) Accept additional security of any kind. (e) Release or otherwise deal with any property. real or personal, securing the indebtedness, including all or any part of the property mortgaged hereby. 24. Any agreement hereafter made by Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the rights of the holder t.f any intervening lien or encumbrance. 25. Mortgagor hereby waives all right of homestead exemption in the property subject to this mortgage. 26. The covenants and agreements herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors. adminiatratora, successors and assigns of the parties hereto. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All covenants, agreements and undertakings shall be joint and several. 27. Paragraph (c) (1) o! the "TOGBTHTIt WITH" clause is hereby modified to the .extent that the Mortgagor does hereby mortgage, transfer, set over, assign and pledge unto the Mortgagee all citrus crops now or hereafter growing on said premises, hereby expressly giving and granting unto the Mortgagee a first and prior lien thereon, and security interest therein, however, such lien and security interest shall be and is hereby expressly ude subject and subordinate to any crop mortgage securing a loan made by a recognized Product-ion Credit Association, National Bank or .State Hank covering a citrus crop which comes into existence by bloom prior to foreclosure sale or other acquisition o! the premises by the Mortgagee under this Mortgage and Security Agreement. ti 28. And the said Mortgagor further covenants and agrees for so long as all, or any part of the indebtedness secured•hereby remains unpaid to preserve, maintain and care for the citrus groves upon the above- ; described premises, such care and maintenance to include cultivating, sprsying,_dusting, pruning, fertilizing, watering, protection against damage by frost and fire, lliarketing of crops and replanting o! trees when needed, all to be done in a husbandlike manner and in accordance { with approved aethods of grove-culture, and agrees not to topwork said ~ groves without the written consent of the holder of this Mortgage, provid- ~ ed further that upon the failure of the Mortgagor to fully comply with any or all provisions of the above covenants,_the. holder of the indebted- ness secured hereby, in addition to all its•other rights and remedies for breach o! covenants is this Mortgage contained, and in addition to its right, hereby expressly given, to declare a default upon the breach of any such covenant, may, at its option, take such action as it deems necessary to preserve, maintain, and care for the premises, and said holder of such indebtedness is hereby given full rights o! ingress and F egress to the premises securing this loan in order to preserve, maintain and care for such premises for so long as all or any part. of the indebted- ~ r ness secured hereby is unpaid, and any reasonable txpense incurred by it in fao doing shall become part of the indebtedness secured hereby and shall become immediately due and payable and shall bear interest at the ; rate provided herein for .matured obligations, however, it is expressly understood and agreed that the holder of such indebtedness is under no ~ obligation to so do, except at its own election, and failure on the part of such holder to take any action hereunder shall not constitute a waiver of further breaches of such covenants. 4R -