Loading...
HomeMy WebLinkAbout299310. FORECLOlSURE OF ~UNIOR LIENS. !f foreclosure procecdin~ss of any second mortgage or second trust detd or any junior liens of any kind should be instituted, the Moh~a, at Mortgaga'a option. immediately o~ thereafter may declare this mortgage and the i~debtedneu securod due and payable. - 11. CONDEMNA770N. That in the event the prcmius mortga~ed. or any psrt of them. shaU be condemned and takcn for public use under the power of eminent damain, the Mort~,~ga shall have the right to demand that all damagts awarded tor the taking of or damage to the premisa shaQ be paid to the Mort~aga, up to the amount then unpaid on this mortgage and the obligation secured. and may be applied upon the payments lsst payable under this mort~age and the obGgstion secured. 12. PRESERVA170N AND MAlIV1ENANCE OF PROPERTY. Mortgagor agrces to permit, commit or suffer no waste. impairment or deterioration of the property. or any part of it or the improvements thercon at any time. The failure of the Mortgagor to comply with this covenant shall constitute a breach of th~s mortgage and. at the option of the Mortgaga. immediately mature the entire unpaid principal and interat secured. The Mortgaga, without notia. thrn may institute proceedings to foreclose this mortgage and apply for the appointme~t of a Receivsr. at heretoforc provided. 13. INSPEGTION. Mortgagoe may make or cause to be made reasonabie eatria upon and inspections of the Property. provided that Mortgagce shall give Mortgagor notice prior to any such inspection specifying reasonable cause therefor related to Mortgagee's interest in the Property. 14. LEASEHOLD6; CONDOMINlUM3; PLANNED UNIT DEVF.I.OPMENTS. If this Mongage is on a unit in a condominium or a planned unit development. Mortgagor shall perform sU of Mortgagor's obligations under the declaration or covenants creating or qoverning the rnndominium or planned unit developmeat. the bylaws and regulations of the condominium or planned unit deveiop:nent. and constituent documents. if a ooadominium or planned unit development rider is executed by Mortgagor and recorded together with this Mortgage. the rnvenants and agreements of such rider shall be incorporated into and shall amend and supplement the rnvenants and agreemertts of this Mortgage as if the rider were a part hertof. . 1 S. TRANSFER OF THE PROPERTY. That if conveyanoe should be made by.the Mortgagor of the premixs above dacribed or any part of them without the writtrn consrnt of the Mortgaga and/or without assumption in regular form of law by the grantee of tht obligation to the Mortgagee created under this mortgage, then. at the option of the Mortgagee and without notice to the Mortgsgor. all sums of money secured shall become due and payable aad in default immediately and concunently with the conveyance. whether or not they are so due and payable and in default by the specific terms of this mortgage and the note savred thenby. 16. FIJtURE ADVANCES. 'ILis mortgage is intended to be and is a mortgage to secure the payment of the promissory note dacribed herein and to secure such future or additional advances as may be made by the Mortgagte. or Mortgagee's successors and assigns. at their option to the Mortgagor. or Mortgagor's sucoessor in title, for any purpose. provided that all those advanoa are to be made within twenty (20) years from the date of this moctgage, or within such lesser period of time as may be provided hercafter by Iaw as a preroquisite for the sufficiency of actual notice or reoord aotice of the optional future or additional advances as against the rights of creditors or subsequent purchaxrs for valuabk consideration. The total amount of indebtedness secured by this mortgage may decreau or incr~ase from time to time. but the total unpaid balance so savred at any one time shaA not excxed the maximum principal amount of S 5 0, 0 0 0. 0 0~ pl~s interesi. and any disbursements made for the payment of taxa. levies or insurance on the proptrty covcred by the lien of this mortgagt. with interat on those disbursements. 17. HUSBANDRY CI.AUSE, ETC. The said Mortgagor further oovenants aad agrea for so long as all. or any part of the indebtednas secured hereby remains unpaid to praerve. maintain and care for the citrus grova upon the above described premisa, such care and mainteaaace to include cultivating, spraying. dusting. pruning. fMiliring~ watering, protection against damage by frost and firc, marketing of crops and replanting of trea whea naded. all to be doae in a husband-Gke maaner and in accordance with approvod methods of grove culture, and agree not to top-work said groves without the written coaunt of the holder of this Mortgage. provided further that upon the failure of the Mortgagor to fully oomply with any or all provisions of the above covenants. the holder of the indebtednas securod hereby, in addition to all of holder's other righu and romodia for breach of covenants in this Mortgage contaiaed, and in addition to holder's right. hereby expressly givrn. to declare a default upoa the brcach of any such covenant. may. at holder's option. take such action as it deems necasary to preserve. maintain and care for such premises for so long as all or any part of the indebtedness socured 6ereby is unpaid. and any reasonable expense incurred by holder in so doing shall become part of the indebtedness securod hereby, and shall baome immodiately due and payable and shaU bear interest at the rate providcd hercin for matured obligations; howc~er. it is exprasiy understood and agreed that the holder of such indebtedness is under no obligation to so do. exvept at holder's own elertion, and failure on the part of such holder to take any action hereunder shall not rnnstitute a waiver of further breaches of such covenants; it is further covenanted and agraed by the said Mortgagor that Mortgagor will not mine or cause. authoriu or permit any mining of phosphate. limerock, limatone. clay, sand. oil, petroleum or any other mineral on the lands socured by this Mortgage without prior w~rittrn consrnt of the Mortgagee and any violation of this covonant shall give the said Mortgagee the option to declare a default on said Mortgage and accelerate the principal balance due ors the Note hereby securod. together with any other rights in case of default. az otherwise provided in this instrument. IS. REMEDIFS CUMUI.A1'IVE. All rrmodies provided in this Mortgage are distinct and cumulative to any other right or remedy under this mortgage or afforded by law or oquity. and may be exercised concurrently, indepcndently or successively. IN WITNESS WHEREOF. Mortgagor has ezecuted this Mortgage. Signed. Sealed and Delivered in the presence of: GO (SEAL) Wen A. Jasa ~I.~.a,l~ Vw.da. Carol Jasa As To Mortgagor ~[f~(~ f~6f~ 1 § ~ ~ -..... . ~m.:. , ... .'. . _ . .. - ..- ~. (SEAL) ~