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Home My WebLink About2724 _ M~~M~ ~ , • - ~ , . ~ • ~ ' sole secured hereby oa the principal thereof after defauk and matnriq, sad any such sums so paid with interest thereon shall constitute a Lea upon sa,d premiss and be second by this sad is default of immediate repayment thereof by the gagot after demand, the whole indebtedness secured 6~rshall at the option of the mortgagee become due and payabm k forthwith without notice. NINTH: That ss further secwiq for the payment of said indebtedness and the perfocrnaaee of all of the terms, eoverrants and eoaditior?s hereof, the mortgagor dos hereby wortgage, transfer, set ova, assign and'pledge to the aartga~ce the lessor's interest sad eshte in all leases, rncludin$ but not limited to gas, oil and miaenl leases, raw or herrafta aHechng the said premiss or any part thereof, and aU rrnts, issues, income, profits, roytltis and bonus due and to become due thete- uader, and in the event of a default under any of the terau, covenants and conditions of this mortgage the gager u hereby authorized sad veered to collect and receive all such rents, iswes, income, profits, royaltis and boas a due and to become due sad to a~the same against said indebtedness. So long, however, as there shall be no default hereunder the mortgagor shall have the right to collect sad receive any and all such rents, issues, income, profits. royalties and bonoss as, they respectively become due sad payable, and to use the same without accounting to .the rrartgagee therefor. TENI'FI: That as further security for the paymrnt of said indebtedness and the performance of all of the terms, covenants :ad conditions hereof the mort r dos hereby mortgage, transfer, set over, assign and pledge unto the mortgagee all citrus and other crops now growing andreafter grown oa sa, premises. hereby giving sad granting unto the mortgagee a first and prior lim thereon, provided, however, that such lien shall be and is hereby expressly made subject and subordinate to any crop mortgage. covering any citnrs crops .which core into dcisteoce by bloom prior to forecbwre sale as provided by this mortgage or any annual crops planted pnor to said foreclosure satq the provisions of pangnph Elevrnth hereof not- wrthstanding. My such sop mortgage shall not however be a lirn prior to this mortgage on any arras crop coming into being by bloom subsequrnt to said foreclosure sale, or on any annual crop planted subsequrnt to said foreclosure sale. ELEVENTH: That the mortgagee may release for such consideration, or none, as it may require, say portion of the above described Lord without, as to the remrunder of the security, in anywise impairing or affecting the liens and prioritis herein provided for the mortgagee compared to any subordinate lienholder. TWELFTH: The net proceeds of any judgment, award or settlemrnt 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 as a aedit on any portion of the unpaid balance of the. note secured hereby, whether then matured or to mature in the futon, or be released to mortgagor. THIRTEENTH: That if the mortgagor shall default in the perfomunce of any of the cvvnnants or agreements herein _ contained, or if an owner of said premiss shall file a petition seeking an arrangement or composition or extension or sny ~I other relief ender or pursuant to the Federal Bankruptcy Ad or say other similar statute as now or hereafter is effort, or shall be adjndiated bankrupt or insolvrnt or am of his property shall love been sequestered sad such decree shall have continued undischarged and unstayed for ninety days after the entry thereof, the rntire indebtedness hereby secured, iaclud- ing all paymrnts for taxes, assessments, insurance premiums, liens, attorneys' fes and tzprnses herein specified, shall, at the option of the mortgagee, and without notice to the mortgagor, be due and collech'ble at once b9 foreclosure or otherwise; and, except as to property where such provision is prohibited by law, upon commrncemrnt of any foreclowre or at say time thereafter the mortgagee, as a matter of right, without axuidention of the value of the premiss, 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 premiss, and without notice to the mortgagor or k any person claiming under him, shall be rntitkd at once to the appointmrnt of a receiver for said premises, to collect the rrnts, Issas and profits therefrom during the prndency of such foreclosure, and the proceeds of said receivership shall be E aPPlied by said receiver toward the paymrnt of the indebtedness secured by this mortgage, or toward the paymrnt of such part of the jadRrrxnt rendered thereon as cosy remain unsatisfied after the sale of said premiss, or to repay to the mortgagee any advaiicemrnts which said mortgagee may make after the camrnencemrnt of foreclosure action for taxs, assessrnrnts, ` insurance or other chargs as herein provided. together with interest thereon at the same me as specified in said note second hereby on the principal thereof after default and maturity. and from the proceeds of said receivership said reahver may make necessary repairs and keep said premiss in proper condition and repair prndinR such sale, and pay all taxs and assessments accrued or accruing or redeem from sates therefor and pay insurance premiums necessary to keep said premises inwred in accordance with the provisions of this mortgage, and pay other proper chugs u herein provided. and pay the exprnse of the receivership. FOURTEEIVI'H: 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 e><penss incurred hereunder; second, to a reatonabk attorney's fee for such services as 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 nay-have paid or become liable to pay in arrying out the terms and stipulations of this mortgage, together with interest thereon: and finally to the payment and satisfaction of aid note. The balance, if any, shall. unless the Court decree otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure wit, to abide the further order of said Court. FIFTEENTH: That the mortgagor is lawfully seized of said premises in fee simple and has Rood right and lawful authoriq to sell and convey the same, that the sane are free from erxvmbrancs except as aforesaid, that it shall be lawful for the mortgagee at all times, peaceably and quietly to enter upon, hold, occupy .and rnjoy said premises and every part thereof, that the mortgagor will a:ecvte or procure any further necessary aswrancs of title and dos hereby forever warrant generally s the title /o said premises and will forever defrnd the same against the claims and demands of all persons wrhornsoever, and the mortgagor and the maker of said note specially agree and declare ?hat the separate estate of each of them, whether vsted, I contingrnt or in expectancy, is hereby conveyed and shall be bound for the pavmrnt of the debt hereby secured and each dos ~ hereby rxpressly waive, release and relinquish all rights and brnefits of any homestead, appraisemrnt, exemption or stay to which they may be entitled under the laws of the state in which said premiss are situate, together with all dower or curtsy rights, and all interests and estates, statutory and otherwise and of every nature wlutsoever m and to said premises. SIXTEENTH: That the Riving of writtrn notice addrssed to the owners of record of said premises of addressed to the said owners at their last address actirallr famished to the mortgagee, or addressed to the owners at said preaniss, and goc~~ Yac~z7~ e~R~301 ~~cE1875 - 4 , - ~ctstd ~ ` r v