HomeMy WebLinkAbout1021 10. FORECLOSURE OF JUNIOR LIENS. If foreclosure proceedings of any second mortgage or second trust deed or any junior urns
of any kind should be ia:tituted, the Mortgage, at Moctgaga': option. iatmediatdy err thereafter may declare this mortgage and the
indebtedness secured due and payable.
11. OONDEMNA?ION. ?bat in the event the pranises mortsa~d, or any part of them, shall be oondanned and taken for public use
under the power of anineat domain. the Mortgagee shall have the right to demand that all damage awarded for the taking of or damage to
the premises shall be paid to the Mortgagee. up to the amount then unpaid on this mortgage and the obliption secured, and may be applied
upon the payments last payable under this mortgage and the obligation secured.
2. PRBSBRVATi1ON AND MAINTENANCE OF PROPBitTY. Mortgagor agree to permit, commit or suffer ao waste, impairment
or deterioratiar of the property. ~ eery part of it or the improvemenu thereon at any time. The failure o! the Mortgagor to comply with this
covenant :ball constitute a bleach of thh mortgage and, at the option of the Mortgage, irnaaediately mature the entire unpaid principal and
interest secured. The Mortpigee, without notice, then may institute proooedirtgs to fonxlose this mortgage and apply for the appoiatmrnt of
a Roaiva, as heretofore provided.
13. INSPB~t.TION. Mortgagee may make or cause to be made racsortabk entries upon and iaspectiorta of the Property. provided that
Mortgages shall give MoRgagor notice prior to any such inspection spedfying reawnabk ease therefor related to Mortgages': intereu in
the Property.
14. LEASEIIOLDB; CONDOMINIUMS; PLANNED UNIT DEVELOPMBNI'S. If this Mortgage is on a unit is a coetidominium or a
planned unit devdopment, Mortgagor shall perform all of Mortgagor's obligations under the dedaratiort or covenants creating or governing
the condominium or planned unit devdopmeat, the by-laws and regulation: of the condominium or planned wait dn?dopment. and
constituent doctrrrtatts. If a oandomiaium or planned unit devdopntatt rider is executed by Mortpgor and recorded together with this
Mortgage, the covenants and agreematts of such rids :ball be incorporated into and shall amend and supplement the covenants and
agreements of this Mortgage as if the rider was a part hereof.
1S. TRANSFER OF T'HE PROPERTY. That U conveyance should be made by the Mortgagor of the premises above described or gay
part of them without the written ooasatt ofthe Mortpgeeand/or without assumption in regular form of law by the grantee of the obligation
to the Mortgagee crafted undo t6h mortgage, then. st the option of the Mortgagee and without notice to the Mortpgor. all sums of money
secured :hail become due and payable and in default immediately and ooacurreatly with the conveyance. whether or not they are so due and
payable and in defauh by the spedfic terms of this mortgage and the note secured thereby.
16. FtTI'tJRB ADVANCES. This mortgage is intended to be and is a mortgage to secure the paymrnt of the promissory note described
herein and to secure such future or sdditional advances as may be made by the Mortgagee, or Mortgagae'a suoceswn and assigns, at their
option to the Mortgagor. or Mortgagor's successor is title, for any purpose. provided that all those advances are to be made within twenty
(20) yeah frmn the date of this nwrtgage. or within sash ksaer period of time a: may be provided hereafter by 4w as s prerequisite for the
sufficiency of actual notice or record notice of the optional future or additional advances as againu the rights of creditors or wbsequatt
purchasers for valuable ao~daxtion. The toW amount of indebtedness secured by this atottga~ge may decease or increase from
time to time, but the total unpaid balance ao sauced at any one time shall not exceed the maximum principal amount of >i 4 5.0 0 0 _ 0 0
plus interest, and any dhbunanents made for the payment of taxes, levies or insurance on the property covered by the liar of this mortgage,
with interest on those disbursements. .
17. HUSBANDRY CLAUSE., ETC. The said Mortgagor further covenanter and agrees for so long as all, or any part of the indebtedness
secured hereby remains unpaid to preserve, maintain and are for the citrus groves upon the above described premises, such care sad
maintenance to include cultivating, spraying. ducting. Pruning. fertilizing. watering. protation against damage by frost and fire. marketing
of crops and replanting of tress whey needed, all to be done in a husband-like manner and in accordance with approved a~6ods of grove
culture, and agree not to top-work said groves without the written soasent of the hokkr of this Mortgage, provided further that upon the
failure of the Mortgagor to fully comply with any or all provisions of the above oova[anu, the hokkr of the indebtedness secured hereby, in
addition to all of holder's other rights and remedies for breach of covenants in this Mortgage contained, and in addition to hokkr's right,
hereby expressly gives, to declare a default upon the breach of any such covenant, may. at holder's option, take such sction as it dams
necessary to preserve. maintain and are for sorb pranisa for so long as all or any part of the indebtednness secured hereby le unpaid, and
any reasonable expense incurred by holder in so doing shall become part of the indebtedness secured hereby. and shall become immediately
due and payable-and droll bear interest~t thencte provided-heron for matured obligations: horrrver; it is acpressly understood and agreed -
that the holder of such indebtedness is under no obligation to so do. accept at holder's own dection, and failure on the part of such holder to
cake any action hereunder shall not constitute a waiver of further breadtes of such covenants; it is further covenanted and agreed by the said
Mortgagor that Mortgagor will not mine or cause, authorize or permit any mining of phosphate. limerock, limestone. day. sand, oil.
petroleum or any other mineral on the lands secured by this Mortgage without prior written consent of the Mortgage and any violation of
f this covenant shall give the said Mortgages the option to declare a defauh on said Mortgage and aooderate the principal balance due on the
Note hereby secure. together with any other rights in ace of defauh, m otherwise provided in this instrument.
~ 18. REMEDIES CUMULATIVE. Ali remeies provided in this Mortgage are distinct and cumulative to any other right or remedy
under this mortgage or afforded by law or equity, and may be exercised concurrently. ' rntly or successively.
IN WITNESS WHEREOF. Mortgagor has executed this Mortgage.
Signed. Sealed and Delivere in the presence of: (SEAL)
~ Robe t J. n f!~
. -
(SEAL)
Eileen P. Kern
As To Mortgagor
a
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i~~~,~~ 3~.5 P~E~.019