HomeMy WebLinkAbout2671 note secuccd hereby on the principal thereof after default and maturity, and any such sums so paid with interest thereon
shall constitute a lirn upon uid premises and be secured by this mortg ge and in default of immediate repayment thereof
by the mortgagor after demand, the whok indebtedness secured hereby shall at the option of the mortgagee become due
and payable forthwith without notice.
NINTH: That u furthci security for the paymrnt of uid indebtedness and the performance of all of the terms,
covrnants and conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledge to the mortga~ce
the lessoi s interest and estate in all leases, including but not limited to gu, oil and mineral leases, now or hereafter affecting
the said premises or any pact thereof, and all rents, issues, income. profits, royalties and bonuses due and to become due there-
under, and in the evrnt of a default under any of the temu, covrnants and conditions of this mortgage the mortgagee is
hereby authorized and empowered to collect and raeive all such tents, issues, income, profits, royalties and bonuses due and
to become due and to apply the same against uid indebtedness. So long, however, u there shall be no default hereunder the
mortgagor shall have the right to collect and receive any and all such rents, issues, ineorrx, profits, royalties and bonuses u
they respectively become due and payablq and to use the same without accounting to the mortgagee therefor.
TENTH: That u further security for the payment of said indebtedness and the performance of all of the temts,
covrnants and conditions hereof the mortgagor does hereby mortgage, transfer, set over, assign and pledge unto the mortgagee
all citrus and other crops now growing and hereafter grown on uid premises, hereby giving and granting unto the mortgagee
a first and prior lirn thereon, provided, however, that such lien shall be and is hereby expressly made subject and subordinate
to any crop mortgage covering any citrus crops which come into existence by bloom prior to foreclosure ale u provided
by this mortgage or any annual crops planted prior to uid foreclosure ule, the provisions of paragraph Eleventh hereof not-
withstanding. Any such crop mortgage shall not however be a Tien prior to this mortgage on any arras crop coming into
being by bloom subsequent to uid foreclosure ale, or on any annual crop planted subsequent to said foreclosure sale.
ELEVEIV'1'H: That the mortgagee may release for such consideration, or none, as it may require, any portion of the
above described land without, u to the remainder of the security, in anywise impairing or affecting the liens and priorities
herein provided for the mortgagee compared to any subordinate lienholder.
TWELFTH: The net proceeds of any judgment, award or 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
w applied as a coedit on :ssy port:o : of the •~.~id balance of thr rrtr sm:tcdr hereby, arhether d:ers e*sah,tsd or to tnahatt
in the future, or be released to mortgagor.
j THIRTEENTH: That if the mortgagor shall default in the performance Of any of the covrnants or agreements herein
j contained, or if an owner of uid premises shall file a petition seeking an arrapgement or composition or extrnsion or any
other relief under or pursuant to the Federal Bankruptcy Act or any other similar statute u now or hereafter in effect, or
shall be adjudicated bankrupt or insolvent or any of his property shall have bern sequestered and such decree shall have
continued undischuged and unstayed for ninety days after the rntry thereof, the entire indebtedneu hereby secured, includ-
ing all paymrnts for toes, usessments, insurance premiums, liens, attorneys' fees and exprnses herein specified, shall, at the
j option of -the mortgagee, and without notice to the mortgagor, be due and collectible at once by foreclosure of otherwise;
f and, except u to property where such provision is prohibited by law, upon commencement of any foreclosure or at any time
thereafter the mortgagee, u a matter of right, without consideration of the value of the premises, or whether the property
R is probably insufficient to discharge the mortgage debt or is in danger of being lost or removed or injured, and irrespective
of the solvrney or insolvrncv of the mortgagor or the then owner of uid premises, and without notice to the mortgagor or
any person claiming under him, shall be rntitled at once to the appointment of a receiver for uid premises, to collect the
rrnts, issues and profits therefrom during the pendency of such foreclosure, and the proceeds of said receivership shall be
applied by uid receiver toward the payment of the indebtedness secured by this mortgage, or toward the payment of such
part of the judgment rrndercd thereon u may remain unutisfied after the ale of said premises, or to repay to the mortgagee
any advancements which uid mortgagee may make after the commencement of foreclosure action for taxes, assessments,
insurance or other charges u herein provided, together with interest thereon at the same rate u specified in uid note secured
hereby on the principal thereof after default and maturity, and from the proceeds of uid receivership said receiver may make
neresury repairs and keep uid premises in proper condition and repair pending such ale, and pay all taxes and assessmrnts
ucrued or accruing or redeem from ales therefor and pay insurance premiums necesury to keep uid premises insured in
accordance with the provisions of this mortgage, and pay other proper charges as herein provided, and pay the expense of
the receivership.
FOURTEENTH: 1n case this mortj;aj;e be foreclosed by a suit in equity and the mortgaged premises be sold to utisfy
a decree of foreclosure, the proceeds of such ale sMll be applied u follows: First, to the expenses incurred hereunder;
second, to a reasonable attorney's fee for such srrvices u may be necesurv for the collection of said 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 utisfaction of uid note. The balance, if any, shall. unless the Court decree otherwise, be paid into the registry
of the Court having jurisdiction of uid foreclosure suit, to abide the further order of uid Court.
FIFTEENTH: That the mortgagor is lawfully seized of said premises in fee simple and hu good right and lawful
authority to sell and convey the same, that the same are free from encumbrances except u aforeuid, that ~t shall be lawful for
the mortgagee at all times, prutably and quietlq to enter upon, hold, occupy erect enjoy uid premises and every part thereof,
that the mortgagor will execute or procure any further necesury assurances of title and does hereby forever warrant Rrnerally
the title to aid premises and will forever defend the same against the claims and demands of all persons whomsoever, and
the mortgagor and the maker of uid note especially agree and declare ghat the separate estate of rah of them, whether vested,
contingent or in expectancy, is hereby conveyed and shall be bound for the payment of the debt hereby secured and euh does
hereby txpressly waive, release and relinquish all rights and benefits of any homestead, appraisemrnt, exemption or stay to
which they may be rntitled under the laws of the state in which uid premises are situate, together with all dower or cvrtesy
rights, and all interests and estates, statutory and otherwise and of e~~ery nature whatsoever in and to uid premises.
SIXTEENTH: That the Riving of writtrn notice addressed to the ow,xn of record of uid premises or addressed to
the said owners at their last address sctually famished to the mortgagee, or addressed to the owners at said premises, and
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