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HomeMy WebLinkAbout1942 ~ note secured beteb~ on the prindpal thereof after defwlt ,aad~ maturity, and aq such same so paid with e+~erest thereon shall constitute a Lea upon said pranisas and be sacred by this and in default of iaimedu~e cspayment tbereaf by the modgagor after demand, the whole indebtedness secured hKri shall at the optiw of tine mortgagee become due and payable forthwit!? without natia. i NINTH: That as further security for the pa t of said indebtedness and the perfomm~ee of all of the terms, i covenants and coaditioos hereof, the modgagor does eh reby mortgage, transfer, set ores, assign and pledge to ebe matga~ee the lessor's interest and estate in aU leases, including but not limited to gas, oil and mineral leases, now a hereafter aff the said premises or my pad thereof, and all rents, issues, income, profits, royalties and bonuses due sad to become due there- under, and rn the event.of a default under my of the terms, covenants and canditioos of this wtgage the gagee rs hereby authopu+d and em to collect and receive all such rents, issues, income, profits, tgalties and bonusa~drx and to becoane due and to apply the same against said indebtedness. So long, however, as these shall be ra defauk hereunder the mortgagor shall have the tight to collect and receive my and all such rents, issues, inooane, profits, royalties and bonuses as 'i they respativel~ became due and payable, and to use the same without amounting to the mortgagee therefor. TENTH: ?hat as farther security for the payment of said indebtedness and the pafora~anec of all of the temru, . ' covenants and coaditioas hereof the mortgagor does hereby mortgage, transfer, set ova. assign and pledge unto the awdgagcr all citrus and other crops now grown?g and hereafter grown on said pranises, hereby giving and grmtio~ uneo the mortgagee a first and prior lien thereon, provided, however, that such lien shall be and is hereby expressly made snbjat and subordinate to my crop mortgage covering my citrus crops which come into existence b? bbom prior to foreclosure sale as provided by this mortgage or m annual crops planted prior to said foraloaurc sale, the provisions of puagraph Eleventh hereof not• ~ f withstanding. Any such crop mortgage shall not however be a lirn prior to this mortgage oa any ntcus sop coming into being by bloom subsequent to said foreclosure sale, or on any annual crop planted subsequent to said foreclowre sale. x F.LEVEIVI'H: 'That the mortgagee may release for such consideration, or none, as it may require, my portion of the ; above described land wi eir of tht,_a&eatyjgr, in mywise impairing a affating the Dens and priorities herein rovided for the '"~q,~e'' P `~,~ap f~~apy;,~bordiuatt lienholda. TWELFTH: The pit tees D . any ludgmertt. avr~2fr 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 as a credit on any portion of the unpaid balance of the note secured hereby, whether thrn matured a to mature in the future, or be released to mortgagor. THIRTEENTH: ~ That iE the mortgagor shall default in the performance of any of the covenants or agreements herein contained, or if m owns of said premises shat! file a petition seeking an amngement or composition a artension a any other relief under or pursuant to the Federal Bankruptcy Act or any other similu stahrte as oow a hereafter in e$ect; or . I shall be adjudicated bankrupt or insolvent or my of his property shall have been sequestered and sock deaee shall have continued undischarged and unstayed for ninety days after the entry thereof, the rntire rndebtednss hereby secured, indu~- E ing all payments for taxes, .assessments, insurance premiums, liens, attorneys' fees and expenses herein specified, shall, at the - ~ option of the modgagee, and without notice to the mortgagor, be due and rnllafible at once by foreclosure or otherwise; and, accept u to property where such provision is prohibited b9 law, upon aamrnrncernent of my foredosare or at my time ~ thereafter the mortgagee, u a mattes of right, without consideration of the value of the pranises, a whether the property is probably insulhcirnt to dischuRe the mortgage debt or is in danger of being lost or removed or injured, and imspective of the solvency or insolvency of the mortgagor or the thrn owner of aid premises, and witlwut notice to the mortgagor or my person claiming under him, shall be entitled at ones to the appointmrnt of a receiver for said premises, to collect the rents. issues and profits therefrom during the prndency of such foralosurc, and the proceeds of said receivership shall be applied br said receiver toward the payment of the indebtedness secured by this mortgage, or toward the payment of such part of the judgment rendered thermn u may remain unsatis5ed after the sale of said pranises, a bo repay to the mortgagee my adyanccments which said mortgagee may make after the corrunencemrnt of foreclosure action for tares, assessments, insurance or other charges as herein provided, together with interest thereon at the same rate as specified is said note sauced hereby on the principal thereof after default and maturity, and from the proceeds of said raeivership said raeiva may make necessary repairs and keep said premises in proper condition and repair pending such sale, and pay all tares and assesments amnred or ucruinR or redeem from sales therefor and pay insurance premiums necessary to keep said premises insured in ucordance with the provisions of this mortgage, and pay other proper charges u herein provided, sad pay the expense of - the receivership. .FOURTEENTH: In case this mortgage be foreclosed by a suit in equity and the mortgaged premises be wld to satisfy a decree of foreclosure, the proceeds of such sale shall be applied u follows: First. to the extxrues incurred hereunder; second, to a reasonable attorney's fee for such services u may be necessary for the collation of said indebtedness and the foreclosure of this mortgage; third, to the payment of whatever sum or sums the mortgagee rosy have paid or becane 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. The balance, if- any, shall, unless the Court daree otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure suit, to abide the furd~a order of said Coed. FIFTEENTH: That the mortgagor is lawfully seized of said premises in fee simple and hu Rood right and lawful authority to sell and convey the same, that the same arc free from encumbrances except as aforesaid, that it shall be lawful for the mortgagee at all times, peaceably and quietly to enter upon, hold, occupy and enjoy said pranises and emy pad thereof, that the mortgagor will execute or procure my further necessuy assurances of title and does hereby forever warrant R;eaerally the title to said premiss and will for+eva defrnd the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of said note espaially agree and declare ?hat the separate estate of adr of them, whether vested, contingent or in expectancy, is hereby conveyed and shall be bound for the payment of the debt hereby secured and each dos hereby expressly waive, release and relinquish all rights and brnefits of any homatnd, appraisement, acemption a stay to which they may be entitled under the laws of the state in which said premises are situate, together with all dawn or cudesy rights, and all interests and estates, statutory and otherwise and of every nature whatsoever rn and to said premises. S):KTEENI fI: Tint the giving of writtrn notice addressed to the owners of record of said premises a addressel to the said owners at their List address actually famished to the mortgagee, a addressed b the owners at said premises, and UR SOuI(~ c~~ri~