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HomeMy WebLinkAbout0039 • ~ .f, i . ~ • .t-. ~ l t note secvrrd baebl oa the prinapal thereof after defank and maturity, sad any such :cons so paid with interest thereon shall aoostitnte a Len upoa said pranises and be secured by this and is default of immediaDe repayment thereof by the mortgag« after domed, the whole indebtednss secured h~~shall at the option of the aadgagee became due and payable ~octhwith without notice. >1TINTM: That as furd~er seauiq for the pa t of said indebtedness and the performance of all of the tams, covenants and conditioas hereof, the mortgag« doer ah ebyr nwrtga~e. transfer, set over, assign ud~Pledac to the mortgagee . the less«'s interest and estate in all leases, including but not limited to gas, oil and miaeal leases, now « henwfter affechna the said premises « any part thereof, and all rents, rssues, income, probes, royalties and bonuses due and to becomt due there- ~ :S! ~ •,~a,t of s s~sasiit isisssi asii ~ s'1'si is~a~Ti's, Lvisssaiau situ ivxsiiaivisS of isie ,w '~1.~ ~s~ hereby autlwriud and red to onllect and reteivr all such rents, issues, income, profits. royalties and bonusa~ne and ' to become due and to same against said So long, bowever, as these shall be no defanh hereunder the modgag« :ball have the nght M tolled and receive any sad all such rents, issues, income, pro6b, royalties and bonuses as they rapectryely bec+oa~e sue and payable, and to use ehe same without amounting to the mortgagee theref«. TF.[~TPH: That as further securiq f« the payment of said indebtedness and the performance of aU of the teens, covenants and conditions hereof the mort does hereby mortgage, tnu~sfer, sd over, assign and pledge unto the mortgagee all citrus and other crops now grow ard~ter grown on said pmnises, hereby giving and granting unto the mortgagee a 5rst and pri« lien thereon, proyrd~, however, that such lien shall be and is hereby expressly made snbjed and subordinate to any sop mortgage eoveriag any citrus crops which carx into ezistence by Moan pri« to f«eclosure sale as provided by this mortgage or any annual crops planted pri« to said foreclosure sale, the provisions of paragraph Eleventh hereof not- withstanding. Any such crop mortgage shall not however be a lien prior to this mortgage on any ntnu crop coming Taco being by bkwm subsequent to said foreclosure sale, or on any annual crop planted subsequent to said fonxkrsure sale. ELEVENTH: That the mortgagee may release for such consideration, or none, as it coal require, any portion of the above described land without, as to the remainder of the security, in anywise impairing or affecting the liens and priorities herein provided f« the mortgagee compared to any subordinate lienholder. TWELFPH: The net proceeds of env judgmrnt, award ar settlement in any condemnation or other proceeding for any damage M the premises, buildings « other fixtures thereon shall be paid to the mortgagee and shall at its option, e~tba be applied as a aedit on any portion of the unpaid balance of the note secured hereby, whether then autnred « to mature in the future, « be released to mortgagor. THIRZEEI!T!'H: That if the mortgagor shall default in the performance of any of the covenants « agreements herein ~ ooataincd, « if so owner of said premises shall file a petition seeking an arrangerner?t « composition or eztensioe or any other relief under or pursuant to the Federal Bankruptcy Ad or any other similar statute as now or hereafter in effect, « ~ shall be adjudicated baaktupt or insolvent or env of his property shall have been sequestered and such decree dull have carttirued u,~discharg~d :rid unsty~d far air~t dam, after tt-.e try t,`,erc~,f, the entire indwte3riess herd sa.rr~, includ- ` ing all payments for tam, assessments, insuruxe premiums, liens, attorneys' fees and expenses herein spedfied, shall. at the f option of the mortgagee, and without notice to the mortgagor, be due and collectible at once b~ foreclosure « otherwise; and, except a"s M property where such provuioa is prohibited by law, upon nanrrxrxement of any foreclowre or at any time thereafter the mortgagee, as a matter of right, without consideration of the value of the premises, « whedur the property is probably insu9Stient M discharge the mortgage debt or is in danger of being lost or removed or in jnred, and irrespective of the solvency « insolvency of the mortgaq« or the then owner of said premiss, and without notice to the mortgagor or any person claiming under him, shall be entitled at once to the appointment of a recriver for said premises, to tolled the rents, issues and profits therefren during the pendency of such foreclosure, and the proceeds of said receivership shall be applied 'ay said receiver Toward the payment of the indebtedness secured by this nartAage, or toward the payment of such put of the judgment rendered thereon as may remain unsatisfied after the sale of said premiss, or M repay bo the mortgagee any advancements which said mortgagee may make after the commencement of foreck~sute action f« taxes, assessments, inwrance «other Burgs as herein provided, together with interest thereon at the same rate as specified in said note secured hereby on the principal thereof after default and maturity, and from the proceeds of said receivership said receiver may make necasaq 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 sales theref« and pay insunu~ce premiums necessary M keep said premiss insured in accordance with the provisions of this mortgage, and pay other proper Burgs as herein provided, and pay the expense of the receivership. FOURTEENTH: In case this mortgage be foreclosed by a suit in equity and the mortgaged premises be sold to satisfy a deuce of foreckunre, the proceeds of such sale sh311 be applied as folbws: First. to the expenses irxvrred hereunder; second, to a reasonable attorney's fee for such services as m;y be necessary for the collation of said indebtedness and the foreclosure of this mortgage; third, to the payment of whatever sum or sums the metgagee may have paid or becarse liable to pay in anying out the terms and stipulations of this mortgage, together with interest thereon: and finally to the payment and satisfaction of said note. The balance, if any, shall. unless the Court decree otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure suit, to abide the further order of said Coed. j FIFTEENTH: That the mortgagor is (awfully seized of said premises in fee simple and has good right and lawful I ~ authority to sell and convey the same, that the same are free from enaunbrances a:cept as afocaaid, that it shall be lawful for ~ the modgagee at all times, pacably and quietly to enter upon, hold, occupy aed enjoy said premiss and every put thereof, that the mortgagor will execute or procure any further necessary assurances of title and does hereby forever wurant generally , the title to said premises and will forever defend the same against the claims and demands of all persons whensoever, and the mortgagor and the maker of said note especially agree and decL~re ?hat the separate estate of each of them, whether vested, contingent « in expectancy, is hereby conveyed and shall be bound f« the payment of the debt hereby secured and each does hereby arpressly waive, release and relinquish all rights and benefits of any homestead, apprarsement, exemption « stay to - ~ which they may be entitled under the laws of the state in which said premiss are situate, together with all down « cudesy I rights. and all interests and estats, statutory and otherwise and of every nature whatsoever in and to Baia premiss. SI7CI'EIU!11'fi: That the giving of written notice addressed to the ownea of record of said praniss « addtased to the said awnen at their last addre~ actually furnished to the mortgagee, « addressed eo the owners at said premises, and aQnu.~i,.~1 na~F_ ~Q