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HomeMy WebLinkAbout2132 • note secured hereby ar the priaapal thereof after default and maturity, and any such sums so paid with interest thereon . shall constitute a Gen upon said premises and be secured by this morggsge and in default of immediate repayment thereof by the mortgagor after demand, the whole indebtedness segued here yb shall at the option of the mortgagee become due and payable forthwith without notice. ' NINTH: 'T'hat as further security-for the paymrnt of said indebtedness and the performance of all of the terms, ; • ' covenants and conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledgt to the mortgagee ~ the lessor s interest and estate in all leases, including but not lititited to gu, oil and mineral leases, now or hereafter ageding CIK said preiniscs Or ally pan tllereOf, and all rents, ls3uc3, Incvulc, ~iVUU, Ivyiu~ca auu an,uwca u,ac .Su av u« under, and in the evrnt of a default under any of the terms, mvrnants and conditions of this mortgage the mortgagee is _ hereby authorized and empowrcred to collect and receive all such rrnts, issues, income, profits, royalties and bonuses due and to become due and to apply the same against said indebtedness. So long, however, u there shall be no default hereunder the mortgagor shall have the nght to collect and receive any • and all such rrnts, issues, insane, profits, royalties and bonuses u they respectively beeane due and payable, and to use the same without accounting to the mortgagee therefor. TENTH: That u further security for.the payment of said indebtedness and the perfomunce of all of the terrgs, covenants and tonditions hereof the mortgagor does hereby mortgage, transfer, set over; assign and pledge unto the mortgagee aU citrus and other cops now growing and hereafter grown on said premises, hereby giving and granting unto the mortgagee a first and prior Grn thereon, provided, however, that such lirn shall be and is hereby expressly aside subfect and subordinate to any crop mortgage covering any citrus crops which corx into existence by bloom prior.to foreck?sure sale u provided by this mortgage or any annual crops planted prior to said foreclosure sale, the provisions of puagraph Eleventh hereof not- withstanding. Any such crop mortgage shall not however be a lien prior to this mortgage on any citnu crop coming into being by blown subsequrnt to said foreclosure sale, or on any annual crop planted subsequent to said foreclosure sale. ELEVENTH: That the mortgagee may release for such consideration, or none, u it alay 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 gray judgmrnt, award or settlement in any condemnation or other proceeding for any damagt to the premises, buildings or other fixtum thereon shall be paid to the mortgagee and shall at its option, other be applied u a aedit on any portion of the unpaid balance of the note secured hereby, whether thrn matured or to mature in the future, or be released to mortgagor. THIRTEIIVI'H: That if the mortgagor shall default. in the performance of any of the covrnants or agreements herein contained, or if an owner of said premises shall file a petition seeking an arnngtalent or composition or extrnsion or any ! other relief under or purnunt to the Federal Bankruptcy Act or any other similu statute u now or hereafter in effect, or _ shall be adjudicated bankrupt or insolvent or gray of .his property shall have bern sequestered and such deaee shalt love continued undischarged and unstayed for ninety days after the rntry thereof, the rntire indebtedness hereby secured, includ- ing all paymrnts for toes, assessments, insurance premiums, liens, attorneys' fees and exprnses herein specified. shall, at the r option of the mortgagee, and without notice to the mortgagor, be due and mlleetiblt at once by foreclosure or otherwise; and, txcept 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 wrhether the property is probably insufficirnt to dischuRe the mortgage debt or is in danger of being lost or removed or injured, and irrespective of the solvency or insolvrncv of the mortgagor or the thrn owner of said premises, and without notice to the mortgagor roe any person claiming under him, shall be rntitled at once to the appointmrnt of a receiver for said premises. to collect the rents, issues and profits therefrom during the prndency of such foreclosure, and the proceeds of said receivership shall be applied by said receiver toward the payment of the indebtedness secured by this mortgage, or toward the paymrnt of such part of the judgmrnt rrndered thereon u may remain unsatisfied after the sale of said premises, or to repay to the mortgagee any advancemrnts which said mortgagee rpay make after the commencement of foreclosure action for taxes, assessrrirnts. insurance or other charges u 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 uid receiver may make necessary repairs and keep said premises in proper condition and repair prnding such ule, and pay all taxes and assessmrnts accrued or accruing or redeem from ales therefor and pay insurance premiums necessary to keep said premises insured in. accordance with the provisions of this mortgage, and pay other proper charges u herein provided, and pay the exprnse of the receivership. FOIJRTEI:N'I'H: In case this mortgage be foreclosed by a suit in equity and the mortgaged premises be sold to satisfy a decree of foreclosure, the proceeds of such sale shall be applied u follows: First. to the expenses incurred hereunder; second, to a reasonable attorney's fee for such services u may be necessary for the collection of aid 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 paymrnt and satisfaction of said note. The balance, if any, shall. unleu the Court decree otherwise, be paid into:the registry ~ of the Court having jurisdiction of uid foreclosure suit, to abide the further order of said 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 ue free from encumbrances except u aforesaid, that It shall be lawful for the mortgagee at all times, peutably and quietly to enter upon, hold, occupy wed rnjoy said premises and every part thereof, that the mortgagor will execute or procure any further necessary aswrances of title and does hereby forever warrant generally the title to uid premises and will forever defrnd the same against the claims and demands of all persons ~rhomsoever, and the mortgagor and the makers of said note especially agree and declare ?hat the separate estate of each o~ them, whether vested, contingrnt or in expectancy, is hereby conveyed and shall be bound for the ppavmrnt of the debt hereby secured and each does - hereby expressly waive, release and relinquish all rights and brnefits of a6y homestead. appraisemrnt, exemption or stay to which they may be rntitled under the laws of the state in which said premises are situate, together with all dower or curtest' • rights, and all interests and estates, statutory and otherwise and of every nature whatsoever In and to said premises. SIX'T'EENTH: That the giving of writtrn notice addressed to the owners of record of said pranises a addressed to the said owner at their last address actually furnished to the mortgagee, a address~e~dtto the owners at said premises,.and f BCOKt7~+V PI~E~~~