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Home My WebLink About2583 10. FORECLOSURE OF 1UN10R DENS. If foreclosure proceedings of any second mortgsge or second trust deed or any wt?lor IIaM of sny kind should bs instituted, the Mortgagee, at Mortgagee's option. immediatey a theresher may declare this mortgage and the Irtdeb- tedness secured due end payable. t t. CONDEMNATION. That In the event the premises mortgaged, or sny pert of sMp be Oondemned and taken for public use under the power of eminent domain, the Mortgagee shall have the right to demand that all damages awartled for the tsking of or damage to the premises shall bs paid to the Mortgagee, up to the amount then unpsid on this mortgage and the obligation secured, end msy b0 applied upon the payments last payable under this mortgage and the obligation secured I2. PRESERVATION AND MAINTENANCE OF PROPERTY. Mortgagor agrees to permit, commit or~ suffer no waste. Impairment or deterioration of the property, or any part of It or the improvements thereon at any time. The fslture of the Mortgagor to comply with this covenant shall constitute a breach of this mortgage and, at the option of the Mortgagee, Immediately maturo the entiro unpaid principal and } interest secured. The Mortgagee, without notice, then may (natitute proceedings to foreclose this mortgage end apply for the appointment of a Receiver, as heretaforo provided. 13. INSPECTION. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that ~ i Mortgagee shall give Mortgagor notice prior to any such inspection specifying reasonable cause therefor related to Mortgagee's Interest In r the Property. s tt. LEASEHOLDS; CONDOMINIUMS; PLANNED UNR DEVELOPMENTS. If this Mortgage is on a unit in a condominium or a planned unit development, Mortgagor shall perform all of Mortgagors obligatons under the declsration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned untt development, and constituent documents. If a condominium or planned unit development rider is executed by Mortgagor and recorded together wtth this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend the supplement the covenants end agreements of this Mortgage as If the rider were a part hereof, i 15. TRANSFER OF THE PROPERTY: ASSUMPTION. If all or any part of the Property or an interest thereto is sold, conveyed or transferred by t3orrower without Lenders prior written consent, excluding (a) the creation of a {ien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security Interest for household appliances, (c) a transfer by devise, descent or by opera- tion of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to bs tmmediatety due and payable. Lender shall have waived such option to accelerate if, prior to the sale, conveyance or transfer, Lender end the person to whom the Property is to be sold, conveyed or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest pay- able on the sums secured by this Mortgage shah be at such rate as Lender shall request. tti. FUTURE ADVANCES. ThIs mortgage is intended to be and is a mortgage to secure the payment of the promissory note des- cribed herein and to securtt such future or additional advances as may be made by the Mortgagee, or Mortgagee's successors and assigns. at their option to the Mortgagor, or Mortgagors successor in title, for any purpose, prawldsd that all Jesse advances are to be made within twenty (20) years from the date of this mortgage, or within such lesser period of time as msy be provided hereaher by law as a pre- requisite for the sufficiency of actual notice or record notice of the optional future or additional advances as against the rights of creditors or subsequent purchasers for valuable consideration. The total amount of indebtedness secured by this mortgage may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the maximum principal amount of t Seven TheL~nr( N~r~pHrrnrlratl Twent~tilX a1~ ~~l~i~--- - (=7 42b_24 plus interest, and any disbursements made for the payment of taxes, levies or insurance on the property covered by the lien of this mortgage, with interest on those disbursments. t 7. HUSBANDRY CLAUSE. ETC. The said Mortgagor father covenants and agrees for so long as all, or any part of the indebtedness secured hereby remains unpaid to preserve, maintain and care for the citrus groves upon the above descrit:ed premises, such care and maintenance to include cuRivating, spraying, dusting, pruning, fertilizing, watering, protection against damage by frost and firo, marketing of crops and replanting of trees when needed, all to be done in a husband-like manner and in accordance with approved meJtods of grove ~ culture, and agree not to top-work said groves without the written consent of the holder of this Mortgage, provided further that upon Jte failure of the Mortgagor to fatly comply with any or all provisions of the above covenants, the holder 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 holders right, hereby expressly given, to declare a default upon the breach of any such covenant, may, at holder's option, take such actk>n as tt deems necessary to preserve, maintain and care for such premises for so long as all or any part of the indebtedness secured hereby is unpaid, and any reasonable expense incurred by holder in so doing shall become part of the indebtedness secured hereby, and shall become im- mediately due and payable and shafl bear interest at the rate provided herein for matured obligations; however, tt is expressly understood and agreed that the holder of such indebtedness is under no obligation to so do. except at holder's own election, and failure on the part of t such holder to take any action hereunder shall not constitute a waiver of further breaches of such covenants; tt is further covenanted and i agreed by the said Mortgagor that Mortgagor will not mine or cause, auttrorize or permit any mining of phosphate, limerodc, limestone, clay, ~ sand, oil, petroleum or any other mineral on the lands secured by this Mortgage without prior written consent of the Mortgagee and arty violation of this covenant shall give the said Mortgagee the option to declare a defauh on said Mortgage and accelerate the principal bal- ance due on the Note hereby secured, together with any other rights in case of default, as otherwise provided in this instrument 18. REMEDIES CUMULATIVE. All remedies 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, independently or successively. IN WITNESS WHEREOF, Mortgagor has executed this Mortgage. ~ ~ Signed, Sea'sd and Qeliv ed the prase»ce of: X '1's'' ~ ~ (SEAL) ~ ~ Jo R. Dubose VV~f.L~,t+s-- l I~.t.L~a•-- lam, i C ~ ~--T X ~~.Z(xt1 %,i~ x • ~L{Y.1F~~ ~2 (SEAL.) As Ta Mortgagor Mar9oret ~ Dubose s ~aa' /R~.~~o./t~w~d/y~~ {._~..M ate a T.><« V\A On Class 1fltaflQlbts f~ffpflglt~pwr~r gayrsuaM To Chspta? 71.134. Acts 0~ ~l?7t-. -I ROGER POITRAS ~'s~ Cteri Clroult Cowl, St. t„uc1s, Co., Fli. ~'~x n~c c rp~Gc gfh3K J~V