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Home My WebLink About1587 MORTGACOR DOES FURTHER mo ~^e, trander, eet over, aasign snd pled~ unta Mortgrree all crop~ now ~rowin~ and hereafter gmwn on the mortga~premisea, hereby givin~ and granting unto Mortgagce a first Rnd prior lien thereort, provided, ho~ever, thst such lien sh~ll be and ls hereby made expresaly subject ~?nd eubordinste to aay crop lien or crop mort~age encumbering cropa which come into exiatence prior to forecloaure sale ~a pm~ided by this mort,gsge, the proviaionr af clause 10 hereai noihwithetandin~. Any euch crop lien or cmp ~?ortgag+e eh~ll not hor~ever, be a>>en prior to thia mort~a~e on ~n~r crop comin into existrnce subsequent to asid forecloaure sale. "Cume into e~cietence" snd "corning into exiatence' ahwll, fur ~e purp~se ot thia mortgage, mean bloom in the d?ee oi ~'ops from perennial plwntinga •nd orchard~, ~tnd nhall mean plantinR in the c:ae of crope from annual or more fzequent plant- ~n~. Nothing herein contained, ho~vever, ahall operate to nubardinate the lien of this mortgage ua atYecting trees or other perennial planta but ehall [w optrate as to the crope harveated therefrom. l'O HAVE AND TO HOLD the abave grwnted and described premiaee unta Mortgagee, ita enecesaors ~nd asei~ns forever. Mortgagor hereby covenant~ that Mortgagor is indefea~ibly aeized of the MortgaQed Premiaes in fee eimpte; that Mortga~or is in actusl posaesaion therec~i and haa full power and lawtul ri~ht to convey the erme in fee sunple as aforesa~d; that it shall be lewiul for Mortgsgee at all times to peaceably and quietly enter upon, hold, occupy and enjoy sll of the Mortgaged Premisea; thst the Mart~sged Premises are free from all incumbran~es ezcept u sYorti ssid; that Mortgagor will ma6e such further easurance to prove Mortga~or's fee aimple title as mnq be reaaonably required and that MorLgagor will and shali iully wartant and defend the title to the same unto Mortgagee against tha lawful claims ~and demands of all persona whomacever. f'KO~'InF;D, ALj~'AYS, and these presents are upon the express condition that if Mortgagor shall pay unto MortRa~ee the sum~ of moneY as provided in the promissory note aforesaid and any extensions ur renewals Lhereof and interest thereon, at the time and in the manner therein pro~-ided, whether in due rourse ot uader any covenants or stipu- lati~ns herein contained, and shall pay al] other indebtedness or liabilities secured hereby and shall well and truly keep, ~i perform and compl~~ with xll the covenants, aKreement,q and stipulations herein contained, then the estate hereby granted, barKained, sa]d and conveyed shall cease and determ;ne; othcrw~ise these presents shall be and remain in full force and effect. And ~Sortgagor hereby jeintly and severally covenants and agrees to and with Mortgagee aa followa: 1. Tu p:~}• all sums secured hereby w•hen due. 2. To pay ail taxes and assessments at nny time imposed, levied or assessed on the Mortga~ed Premisea or the indebtedness securc•d hereby, or the MortRsRee's interest in the mort~aged premises before they become delinquent (an~+. produce mceipts therefor upon demand), And any claim, lien or incumbrance against the Mortgsg~ed Premisea which may be or Uecome prior Lo this mortgage. 3. If the :4lortgaged Premises or any part thereof become embraced within the boandarie~ oi sny irrigation, le~•ec, draina~e or other improvement. district (except achool or road) and such district ahall have power to tat~ue bonde or other evidence of indebtedress requiring the lery and collection of taxes in payment thereof, the note hereby eecured shall at the aption of the holder thereof, without notice, become due and payable, notwithstsnding anything con4ined _ in said note, or this mortgage, or any Iaw that may hereafter be enacted. _ - 4. To keep the A4ortgaged Premises other than land cortinuously insured again~t lase by fire and' such other hazards aa map from time to t~me be reqeestel by Mort~;agec in companies and in amounta in each company aa may be aoproveci by and be arceptable to Mortgagee; A11 insurance policies sha?I contain the uaual atsndard mortgagee clause making the loss pa~able, without contribution, to Mortgagee as its intereat may appear, and ehall be delivered promptly to and held bv MertgagEe. ATot less than ten days in advance of the expirstion of each policy, to deliver ~ to Mortga~ee a renewal thereof, toRether with receipt for tho premium uf such renew~l. °The proceeda of anq auch insurance or any part thereof mny be applied by ~iortgagee at itn option, either to the tndebtednese hereby secured or to the restoration or repair of the property damaged. 6. That Mortgsgor (i) will not remove or demolish nor slter the desiKn or structural character of any building nou or hereaiter erected upon the premises unless Mot~aRee shall first consent thereto in w~riting; (ii) will maintain the premises in Kcrod condition and repair; (iii) will compiy with all laws, ordinances, regulationa, covenanta and restric2ions affecting the premises, and w~ll not suffer or Fearnit any violation thereof; wil] furniah such information respeciing use and operation of the premises as '.liortgagee may fr~m time to time demand. 6. That ~fortgagor (i) will not commit or avffer waste of the premises or impairment in any manner oi the aKricultural value of the land and without limiting the generaliiy of the foreRoing, will cultivate, irrigate, fertilize, spray, prune, replant orchards and citrus graves, keep the non-timber fand free from foul and noxioue weeda, brush snd other undesirable growths, provide for atock selection, crop ru;,ation, drainage, prevention of eroeion and ps8ture maintenanee in accordance with good husbandry and the new approved methods of aRricultural development; will not cut. or remo~e or suffer cutting or remuving any tree~ or timber on the premises (except for domestic purpo~~e) or remave turpentine or permit any cupping for turpentine without Mortgs?gee's written consent; (ii) wiil operate the timber iands on the premises in accordance with sound practices of production, care, and harvesting; (iii) wiU take those accepted forest sanitation ar:d control measures whi~h are reasonably necessary to protect said timber lands from disease and insect infestation; (iv) will take aii measures which are reaeonably necessary to protect said timber lands from loss by fire, which measures shail be at least equsl to fire controi prac~ices generally followed on timber producinR property in the same general area, includinR the adoption of suitable prevention and control meagurea, the maintenanca of roads ~n such manner as to permit access of mobile fire-fightin~ e.~uipment to all parts of the timber lands, the mainterance of fire lanes, proper disp~sal of $lush ar,d slabs and ful! co-operation with state and federal agenciea on matter of fire pre~•ention and control. That as often as forest, wild fire or other hazard, including windstorm, damage the timber landa, Mortgagor ~.hall deliver to Mortgagee within 2U days after the happening of each such occurrence, a detailed statement in writ- ing, specifying the number of acres damaged and an estimate of the nature and extent oi the resalting dnmage; that, if in the opinion of .'btortgagee, such measures or equipment are inadequate, the Mortgagor will, upon written requeat oi the Mortgagee, adopt auch additional mesaurea and acquire and maintain such sdditional fire-fighting equipment as the Mortgagee m~y require. 7. To pay to Mortgagee upon demand all eums, including coats, ezpenee mnd reasonabie agent'a :nd attorneq's feet which i! may expend or become obligated for in proceeding~s, legal or otherwise, to establish or auatain the lien hereof or ita priority, or in defending agatnst liens, claims, rights, estate~ or eeaementa of any gereon or pereon~ seserting priority hereto, or in payment, aettlement, dischsrge, or release of any asserted liena, claime, righta, eaee- ments or eatates on caunsel advising Mortgagee that the same is auperior to the lien hereof, or for an abetract or eupplemental abatract, together with intereat on sll sueh sums so paid at the rate of ten per cent (10°Io) per annum on the date the same are paic#. Martgagor al9o covenants ~nd agrees to pay all costs, charges and expenaea, includinq reason~nble attorney's feea snd commiesione and abstract charqes or expennes paid or incurred by Mnrtgagee in con- nection with any auit to enforce collection• or to foreclose this mortgage in the event this mortgage and the note or ather indebtedness and amounts hereby secured be plsced in the hands of an attorney ;or collection, and for Lhe pap- ment of all auch amounts thia mortgage ahall stand as security and arW such aum or surres sa paid shall become a part of the indebtedness secured hereby. 8. In caae Mortgagor shall fail to prvmptly discharge any obligation or covenant as provided herein, Mortgs~ee ahsll hawe the option, but no ohligation, to perform on beha?f of MorCgagor. Any amount which Mor4gagee may'Patpend ' in periorming ruch act or in connection therewith, with interest thereon at the rate oi ten per cent (10%) per annum, t~tther ~rith sll expensea, inclading ressonable attorney'a fees incurred by Mortgag~ee, ahall be immediately paqab~e by Mortgagor and ahall be aecured by thia mortgsQe, and Mortgagryee ahall be subrogated to a+ny t~ights, equitiea or liena eo dischsrg~e~d. :t;r',a ,I„V~ . ;