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Home My WebLink About2728 u i ~ } e ~ - .:j a note secured 6erebr ao the pciacipat thereof after defanh and maturity, and nay such sums so paid with jateetst thereon shall coastit~e a Len upon sod pcem~ses and be sauced by this gad ra default of iaurrediate repayment thereof by the n~octgagoc after danand, the whole indebtedness secured h~~shal! at the option of the mortgages become due and payable ~octhwith witfio~ notice. - ~ ~ NIIVY'>"I: ZLat as further security foe the pa t of said indebtedness. gad the performance of all of the terms, ` covenants and conditions hereof, the mortgagor does mortgage, transfer, set over. ass+ga and pledge eo the aiortga~ee the lessor's interest and estate is aA leases, iachdi but not limited to gas, oil and mineral leases. now or hereafter aBahna i the said pranises or any part thereof, and all rrnts,~issues, income. profits, royalties gad bonuses due gad to baame due there- under, gad is the event of a default under any of the terms, covenants gad conditions of this mortgage the matgage~e is ~ hereby wthoriaed gad red to collect gad receive all such rents, issues, income. profits, royalties and bonuses due gad to became due gad to a same against said irdebtedness. So long, however, u there shall be no defauk hereunder the anortgagot shall bare the right to collect and receive nay and all such rents, issues, income. profits, royalties and bonuses as they respectively became due gad payable, gad to use the same without accounting to the mortgagee therefor. 1'F.NI7~: That as further security for the paymrnt of said indebtedness gad the performance of all of the terms, - covtnants and corditions hereof the mostgsgot don hereby wortgage. transfer, set over, assign and pledge Hato the mortgagee all citrus and other crops Haw growing and hereafter grown oa said premises. hereby giving gad granting unto the mortgagee a lust and prior litre thereon, provided, however. that such lien shall be and is hereby expressly made subject gad sdrordirute to nay crop mortgage covering amy citrus crops which corx into existence by blown prior to foralosuce sale as provided by this mortgage or an annual crops planted pnor to said foreclosure sale, the provisions of paragraph Eleventh hereof not- w~thstaading. Any suds sop mortgage shall not however be a lirn prior to this mortgage on any cdnu crop coming into being by blown subsequrnt to said foralosurc sale, or on nay annual crop planted subsequrnt to card foreclosure sale. ELEVENTH: 'Ilut the mortgagee may release for such consideration, or none, as it may require, any portion of the above described Ord without, as to the remunder of the security, in anywise impairing or affechag the liens and priorities herein provided for the mortgagte compared to any subordinate lienholder. - I 1WELFTH: 'Tire net proceeds of any judgment, awed or settlement in any condemnation or other proceeding for # any damage to the ppremises, buildings or other fixtures thereon shall be piid to the mortgagee and shall at its option, edher be applied u a credit on any portion of the unpaid balance of the note secured hereby, whether then matured or to confrere in the future, or be released to mortgagor. THIRTEENTEI: 'That if the mortgagor shall default in the performance of nay of the covenants or agreements herein contairxd, or if an owner of said premises shall file a petition seeking an arrangement or composition or extension or any } other relief order or pursuant to the Federal Banknrptcy Ad or any other simile statute u now or hereafter in effect, or shall be ad jndicated bankrupt or insolvent or any of his pr~operry shall havt bern sequestered and such decree shall have continued undisdiuged gad unstayed for Winery days after the rntq thereof, the entire indebtedness hereby stcirred, includ- ing all payments for fazes, assessments, insurance premiums, liens, attorneys' fees and ezperues herein seedbed, shall, at the option of the mortgagee, and without notice to the mortgagor, be due and collectible at once by foralosure or otherwise; and, except as to property where such provision is prohibited by law. upon commencement of any fortcbwre 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 insuflicient 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 uid premises, gad without notice to the mortgagor or any person claiming render him, shall be rntitled at once to the appointmrnt of a receiver for uid premises. to rnlled the , rrnts, issues and profits therefrom during the pendency of such foralasurc, and the-proceeds of said receivership shall be applied by said receiver toward the payment of the indebtedness secured br this mortgage, or towed .the payment of such part of the judgment rendered thereon as cony remain unutisfied after the ale of uid premises. or to repay to the mortgagee any advancemrnts which said mortgagee may make after the cor?mencemrnt of foreclosure action for toes. assessments, insurance of other chuges as herein provided, together with interest thereon at the same rate as specified in uid nett secured -j hereby on the principal thereof after default and maturity, and fron the proceeds of uid receivership uid receiver may make naetsary repairs and keep uid premises in proper condition and repair pending such sale, and pay all taxes and assessments accrued or accruing or redeem from ales therefor and pay insurance premiums necessary to keep said premises insured in. accordance with the provisions of this mortgage, and pay other proper chuges as hernn provided, and pay the expense of the receivership. FOURTEENTH: In case this mortgage be foreclosed by a suit in tquiry and the mortgaged premises be sold to utisfy a decree of foralosurc, the proceeds of such ale sh;11 be applied u follows: First. to the exarnses incurred hereunder; $ snored, to a reasonable attorney's fee for such services u m;y be necesun for the collation of uid 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 _ payment and satisfaction of uid note. 'Ilie balance, if any, shall, unless the Court decree otherwise. be paid into the registry s of the Court having jurisdiction of uid foreclosure suit, to abide the further order of said Court. FIFTEENTH: That the mortgagor is lawfully seized of slid premises in fee simple and hu good right and lawful } authority to sell and convey the same, that the same arc free from encumbrances except u aforeuid, that it shall be lawful for the mortgagee at all times, peacpbly and quietly to enter upon, hold, occupy and rnjoy'said premises and even part thereof, that the mortgagor will accrete or procure any further necessary assurances of title and does hereby forever wamnt generally the.titk to sod premises and will forever defrnd 'the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of uid note especially agree and declare ghat the sepante estate of each of them, whether vested, ~ contingent or is espectancy, is hereby conveyed and shall be bound for the payment of the debt hereby secured and each does ~ hereby expressly waive, release and relinquish all rights and brnefits of any homestnd, appraisemrnt, exemption or stay to ~ whidi thq may be entitled under the laws of the state in which uid premises are situate, together with all dower or ~y I rights. and all interests gad estates, statutory and otherwise and of every nature whatsoever in and to said premises. ST.MCI'E»I'H: That the giving of written notice addressed to the awaen of record of said premises or addressed to the said awners at their last address actual~f(u~rnished to the gagee, or addressed to the owners at said eternises, and ~ SOGK VV~ PAGE~~L.= b p ee-8~ca~d 3~1 r,Rs~18fi4~ _ -