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• provisions of this Mortgage, but this Mortgage shall be
construed as if such invalid, illegal or unenforceable
provision had never been contained herein or therein. The
total interest payable pursuant to the Note or this Mortgage
shall not in any one year exceed the highest lawful rate of
interest in the State of Florida.
24. The covenants and agreements herein contained
shall bind and the benefits and advantages shall inure to
the respective heirs, executors, administrators, successors,.
and assigns of the parties hereto. Wherever used, the
singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to
all genders. All covenants, agreements and undertakings
shall be joint and several. In the event additional numbered
covenants or paragaphs are for convenience inserted in this
Mortgage, such additional covenants shall be read and given -
effect as though following this covenant in consecutive
order.
25. This is a second purchase money mortgage, junior
and inferior to the existing first mortgage in favor of the
Federal Land Bank of Columbia, said mortgage securing a
promissory note with the approximate principal balance of
$52,000.00. Any default by the Mortgagor pursuant to the
terms of said mortgage, said mortgage being recorded in O.R. Book
167 at Page 756 Public Records of St. Lucie County,
F orida,'shall be considered a default under the terms of
this mortgage and the note secured. hereby.
26. This document shall constitute a security- agreement
granting unto the Mortgagee herein a security interest in
all existing crops and future crops located on the citrus
trees on the real property subject to the lien of the mortgage.
Provided mortgagor herein shall not beiin default under the
terms of this mortgage deed and security agreement and the
note secured hereby, then, in that event, Mortgagor may
harvest and sell said crops without the prior written consent
or release of Mortgagee. Any purchaser of the crop from
~ Mortgagor can purchase said crop free and clear of the lien -
created by this instrument unless Mortgagee herein files on
~ the public records of St. Lucie County a notice that this
mortgage and the note secured hereby are in default or
unless said purchaser receives actual notice of said default.
27. For so long as any part of the indebtedness
secured by this Mortgage shall remain unpaid, the Mortgagor
agrees to maintain and care for the citrus trees and crops
located or grown on the property encumbered by this Mortgage,
such maintenance and care to include cultivating, spraying,.
dusting, pruning, fertilizing, irrigating and protecting the -
trees and crops against damage by fire, all to be done in
good and husband like manner and in accordance with standard
methods of citrus grove caretaking generally recognized, -
accepted and in use for citrus-groves located in the vicinity
of the mortgaged property.
IN WITNESS WHEREOF, Mortgagor has duly executed this
Mortgage as of the daj~ and year first above written.
Signed, sealed and delivered
` in the presence of:
•
(SEAL)
i NANCY J N CHOLS
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