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HomeMy WebLinkAbout0172 T ~ ~ note secured hereby on the principal thereof after default and maturity, and a~ such sums >o paid with interest thereon shall constitute a lirn upon sand premises and be secured by this mort and in default of unnfediate repaymrnt thereof by the mortgagor after demand, the whole indebtedness secured here rshall at the option of the mortgagee become due and payable forthwith without notice. NINTH: 11>at as. further security for the paymrnt of said indebtedness and the performance of all of the temps, covenants and conditions hereof, the mortgagor does hereby mortgage, transfer, set over, assign and pledge to the moctga~ce . the lessor's interest and estate in aA leases, rncludin~ but not limited to gas, oil and mineral leases, now or hereafter affecting the said premises or any put thereof, and all rrnts, issues, income, profits, royalties and bonuses due and to become due there- under, and in the evrnt of a default under any of the tetras, covenants and conditions of this mortgage the mortgagee is hereby authorized and a~wwered to collect and receive all such rrnts. issues, income, profits, royalties and bonuses due and to becane 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 rrnts, issues, income, profits, royalties and bonuses u they respatively beeane due and payable, and to use the same without amounting to the mortgagee therefor. TENTH: That u further security for the payment of uid indebtedness. and the performance of aq of tht temu, covenants and conditions hereof the mortgagor does hereby mortgage, transfer. set over, assign and pledge onto the mortgagee ' aA citrus and other crops now growing and hereafter grown on sand premises, hereby giving and granting unto the mortgages a first and prior lien thereon, provided, however, that such lirn shall be and is hereby expressly made subject and subordinate f to any crop mortgage covering any citrus crops which core into existence b? bloom prior to forecknure sale u provided by this mortgage or any annual crops planted peer to said foreclosure sale, the provisions of puagraph Elevrnth hereof not- wrthstanding. Any wch crop mortgage shall not however be a lirn prior to this mortgage on any cdnu crop coming into being by bloom subsequrnt to said foreclosure sale, or on any annual crop planted subsequrnt to uid foreclosure sale. ELEVENTH: That the mortgagee may release for such consideration, or none, u it may require, any portion of the above described land without, u to the remainder of the security, in anywix impairing or affecting the liens and priorities herein provided for the mortgagee compared to any subordinate lienholder. TWELFTH: The nit proceeds of any judgmrnt, awud 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, either be applied u a credit 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 modgagor. j THIRTEENTH: That if the mortgagor shall default in the performance of any of the covrnants or agtecmrnts herein contained, or if an owner of said premises shall file a petition seeking an arrangement or composition or extrnsion or any ~ other relief ender or pursuant to the Federal Bankruptcy Act or any other similar statute u now or hereafter in effect, or shall be adjudicated bankrupt or insolvrnt or any of his property shall have bern sequestered and such decree shall have continued undischarged and unstayed for ninety days after the rntry thereof, the rntire indebtedness hereby segued, irxlud- ing atl paymrnts for taxes, assessments, insurance premiums, liens, attorneys' fees and expenses herein specified. shall, at the option of the mortgagee, and without notice to the mortgagor, be due and collech'ble at once by foreclosure or otherwise; and, except u to property where such provision is prohibited by law, upon commencemrnt of any foreclosure or at any time thereafter the mortgagee, u a matter of right, without consideration of the value of the premises, or w}rether the property is probably insufficirnt to dischuge the mortgage debt or is in danger of being lost or removed or injured, and in~espedive of the solvency or insolvrncv of the mortgagor or the thrn owner of said premises, and without notice to the moctgagor or any person claiming under him, shall be rntitled at once to the appointment of a receiver for said premises, to collect the rrnts, issues and profits therefrom during the prndency of such foreclosure, and the proceeds of said receivership shall be applied by uid receiver toward the paymrnt of the indebtedness secured by this mortgage, or toward the paymrnt of such part of the judgment rrndered thereon u may remain unsatisfied after the ule of said premises, or to repay to the mortgagee any advancemrnts which said mortgagee may make after the commencemrnt of foreclosure action for taxes. assessments, inwrance or other charges u herein provided, together with interest thereon at the same me u specified in said note segued hereby on the principal thereof after default and maturity, and From the proceeds of uid receivership said receiver may make necessary repair and keep said premises in proper condition and repair pending such sale, and pay all farces and usessrnents accrued or accruing or redeem from sales therefor and pay insurance premiums necessary to keep said premises insured in ucordance with the provisions of this mortgage, and pay other proper charges u 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 soW to satisfy a decree of foreckKnrc, 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 cosy be necessary 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 beeorrte 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. unless the Court decree otherwise, be paid into the rtgistry of the Court having jurisdiction of uid foreclosure suit, to abide the further order of said Court. ? FIFTEENTH: That the mortgagor is lawfullq seized of uid premises in fee simple and has good right and lawful authority to sell and convey the same. that the same zee free from encumbrances except u aforesaid, that it shall be lawful for r the mortgagee at all times, peugbly and quietly to enter upon, hold, occupy and rnjoy said pcetnises and every part thereof, that the mortgagor will execute or procure any further necessary assurances of title and does hereby forever warrant generally the title to said premises and will forever defrnd the same against the claims and demands of all persons whomsoever, and the mortgagor and the makers of said note especially agree and declare ?hat the separate estate of euh of them, whether vested, contingrnt or in expectancy, is hereby conveyed and shall be bound for the payment of the debt hereby secured and each does hereby expressly waive, release and relinquish all rights and brnefits of any homestead, appraisemrnt, exemption or stay to which they may be rntitkd under the laws of the state in which said premixs arc situate, together with all dower or curtest' rights, and all interests and estates, statutory and otherwise and of every nature whatsoever rn and to said premises. SIXTEENTH: That the giving of writtrn notice addressed to the owners of record of said premises or addressed to the said owners :t their last address actually furnished to the mortgagee, or addressed to the owners at said premises, and 8« X34 P~ i~'2