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Home My WebLink About1260 L ,1l012TCACOR DOE.S F'L'KTHF,R mortgage, trnnafer, set over, assi~n and ~ledgr unto Mortgngee ~11 crops now ~winQ and hereafter grown on the mortgaged premiaea, hereDy giving and granting unt,o Mortgsqee r first ~nd prior lien thereon, provided, however, that such lien shall be and ia hereby made expreaely aubject and eubordinate to sny crop lien or crop murtg~ge encumbeting crop9 which come into existence prior to fore~losure e~le as pro~ided by thia mortgage, the provisionn of claume 10 hereof nothwith~tanding. Any euch crop lien or crop rnortAage ehall not how~.wer, be a lien prior to this mortgage on an~ crop coming into ezi~tence sub~equent to asid foreclosure eale. ~"Come into ezistence" snd "coming into exiatence' ahall, for the purpase ot thia mort~;age, mean bloom in the case o, crops irom perennisl plantinga and orchards, and ahall mean plantinR in the ~ase of crops from annual or more frt~uent plant- in~s. Nothin~; h~rein containecl, however, ahall operate to eubordinate the lien ot this mortgage aa affectittg treea or other perennial plants but shall su operate as to the crop~ harveetec3 themfrom. TO HAVE AtVD TO NOLD the sbove granted anc! deacribed premises unto Diortgagee, its auccesaore and 4aaigns forever. Mort~agor hereby ccverants that Mortgagor is indefeasibly aeized of the M~rtga~ed Premises in fee eimple; that Rlortgs{;or is in actual posae~sion thereoi and hae full power and lawfu! ri~ht to convey the same in fee aimple s~ afuresaid; that it shail i~e lawful for Mortgagee at all times to peaceably and yuietly enter upon, hold, occupy and enjoy aU of the Mortgaqed Premisea; that the Mort~aRed F'remises are free irorn a1l ineumbrances except ae afot+t~ said; that '~3ort~a~or will make such further assurance to pro~~e :Viottgat;or's fee simple title as may be reasonably reyuired and that bSortgagor will and shall fully w•arrant sn<i defend the title Go the same ur.to ~iortgagee agains*. the lawful claims and demands oi all persons whomsoever. f'Rni'1!)F,D, A/,fi'A}'S, and the:~e presen~s are upan the express condition that if MortgaK~or shall pay unta V1urt~Hkee the sum~ ef money as pYOVided in the pr~missory nMr :iforesaid and any extensions or renewals thereof and intrr~~st therron, at the time and in the manner therein }~r~~~~ide~l, whether in due course or under any covenants or stipu- lati~ms herein cc~ntaine~3, ar.d shail ~~iy all uther in:lebtedness „r liabilities ~ecur~-~d hereby and shali well and truly keeU, {~erfurm and c~~rnpl~~ wit}: all :he rovcn~nts, a4reemc•nts xn~l stipulations herein cont~ined, then the estate hQreby granted, t,ar~;air.~~1, sol~i and conveyed shal! cease and detcrrmine; othi~rwi;e Lhese preaents shall be and rentain in full force end cffect. Atrd ~i~~rt~~ac~r hereb~• jointly ancl severally~ co~~er.ari:s an~3 aQrees t.~ and with Mvrtgaqee aa follew•s: 1. To pa}• nl~ eums secured hereby r:•hen due. To {~.iy nll ±axec and ns5e5tmenta at ~ny tirr.e impo~ed, leviE~ci or xG~es4eci on the '.Yiortgaged Premise~ or the indebtedre~~ securrd hert~h;;, or ihe MortFCxRee's intc:rest ~n tt:e murtc;a~ed premises befom they become delinquent (ar.~a. produce re.c•ipts therefor upon demand), and any claim, lien or incumbra~~e a~;ainst the ylorigaged Premisea which ma~~ he nr brcom~ prior to this mortgage. If the tiiort~tificd Fremises or any part thereof b~come embraced within the boundaries uf any irTigBtiUn, ;evec, draina~c~ or r,the; imprr,~•ement di~trict (except schonl nr roa~li and suci: clistrict shail have power to iesue bonds or other e~~i~f~ nce of indebtedrtess requiring the levy and collection of taxes in pa~~nent thereof, the note hereby secured shalt at the opUon of tne no:dcr thereof, without notice, become due and payable, not~cithstanding anything contsined in said note, or this mortga~;e, or an~• law that may hereafter be er.acted. To keep the S1ortRaged Yremisea other than land continuously insured aKainst loss by fire and such otr~er hazards aR may from time to cime be nqueste:? bt~ Mott~at~ee in companies snd in amounts in each company $s may be approved by and ~e ncceptable tn `Sort~a~ee; all insurance policies ~hall conta;n the usual standard mortgagee clause makinK the loss pa}•able, w•ithout contribution, to Mortgagee A9 its interest may appear, and ahell be delivered piomptly to xnd held bv Mr,rtgagee. Not less than :en da~~s in advance of the expiration of each policy, to deliver to ~iortgaeee a renewai thereof, Loqether wiLh receipt for the premium uf such renew~al. The proceeds of anp suCh ii~surar.ce or any part thereof may be applied by :~1ortRagee at its option, either to the indebtedness hereby secured or t,o the *esLoration or repAir of the praperty damaged. 5. That Mortga~or (i) ~vill not r~emove or demolish nor siter the desiKn or ~tructurel character of any building now• or hereaiter erected upon the premises unless blot~aRee shall first consent thereto in writing; (ii) will maintain thc• premisPS in Rood condition and repair; (iii) will comply Ri~h all laws, ordinances, regulations, covenan~s and rzstrictions affectirtq the oremises, and w~ill rot suffer or permit a:iy ~•iolation thereof; will furnish euch information respecting use and operatior, of the prcmiaes as 4lortgagee may frum tim~ to time deinand. 6. That ?4lortgsgor (i) a~li not ~ommit or auffer a~aste of the prFmi=es or impairmert in any manner oi the 2Rricultural ~•alue of the land and without limiting the generality of t.he fore~ing, a~ill cultivate, irrigate, fertilize, spra}•, prune, r~plant orchards and citrus groves, keep the non-timber lar.d free from foul and noxioua weeds, brush ar.d other undesirable Rrowths, g~rovide for atock selection, crop rotstion, drainage, prevention of erosion end pasture maintenance in accordance w•ith g~od husbandry and the new appruved methads of a~ricultural development; will not cat ~r remo~:e or suffer cvtting or removing any trees ur timber on the premises (excep~ for domestic purposes) ~r remove turpentine or permit any cupping .'or turgentine w•ithou± Dt~rtgage~'s written consent; (ii) wi:l operate the timber lands on the premises in accordance with sound prsctices of proclucti~n, care, and harvesting; (iii) will take those acce~ted fore-•t sanitation ar.d control measurc~~ whirh are rea;onably neceasary to protect said timber lands from di~ea~e anci insect infe~tation; (iv) will take a:l measures «•hich are reaxonably neceasary to proteet said timber lands 2rom loss b~ fire, w•hich measures shall be at leas! e~~ual to fire control practices generally foltowed on timSer producin;, pronerty in the s:~me generat area, inciudink the .idoption of ~uitable prevention and control measurea, the maintenance of roads in such manner as to pern~it access ef mobile fire-figh±in~ equipment to all parts~of the timber lsrds, the maintet:~nce of fire Iancs, proper disp~,=a1 uf slash a~:d slabs and full co-operation with state snd federal agencies o?~ matter of fire p:e~~ention and contro:. That as often as forest, wild fire or other hazard, it;ciu~ling w•indstorm, damaqe the timber lande, Mortgagor rhali d~~liver ±o ~.or:Ra~ee w~it.hin :.'0 ~la}~s tifter the ha{~nerin~; nf each ~uch eccurre7ce, a det&iled statement in writ- in~, speciiying the r.un~ber of acrc~s damaKed and t~n c~stim:ate af thc~ na!ure anci extent of the resulting damage; that, if in ChP G~11150T1 of Mortgaqee, such measure: or er{uiprr,en! are inadec~uate, the :5forcgagor w~ll, upon written requeat of the Mortga~ee, adopt stich additiona] measures ar.d arquire ar,d maintain such addit;onal fire-fighting equipment as the 'Jiortgagee ma}• require. 7. To pay to hiort{~a~ee upon demar.d all sums, ir.cludinR c~~st~., expense and reasonable agent'a and attorney's Pees which it ma}~ exper.d or iye.^ome oblikated for in }~roceedin~, iega] or other.vise, to establish or suetain the lien hereof or its priorit_;, or in defendin~ a~ain~t liens, clairns, rights, estates or e~ssements of any person or persona aaserting priorit}• hereto, or in paymPnt, settlement, diacnarqe, or release of any asserted liens, clgims, riqh4s, ea~e- ment8 or estates on counsel advia~ng '.1Sortga~ee that the same ts superio* tn the lien hereof, or for an abatract or aupplemental abatract, together with interest on all such sums so paid at the rate of ten per cent (10~7~) per annum on the date the same are paid. Mortgagnr al~o cuvenant~ and aRrees to pa}~ all costs, charges and expenaes, includin~ reasonable attorney's fees and commissions and sbstracL charRes or expenses paid ,or incurred by biortgagee in con- nection with any suit ko anforce collection or to fomclose this mort~nge in the event this mortgage and the note or other indebtedness and amour.ts hereby ~ecured be placed in the hands of an attorney for collection, and for the pay- ment of all such amounts this mortgage shall stand es security and any such sum or sums ao paid shnll become a part o! the indebtedness secured hereby. 8. In case :4SortRaqor shall faii to promptly discharRe any nblic~ation or covenant as provided herein, Mortgag~e eh~ll heve the option, but no obliqation, to perform on behalf of ~lortgaKor. Any amount which Mort~aRee may expend in performing such act or in connection therewith, with interest thereon at the rAte of ten per cent (10~/~) per annum, together with all ezpense.~s, incl~dinq reaganable attArney's fees incurrer3 by Mortqwgee, shall be immed~iately payabie by Mortgagor rnd eha1; bc secured by thia morY~ge, and Mortgagee ahall be snbrogxted to any righta, equities or liena ao di'chsrge~d. ;~~,~:y:~.:~;~ ~4