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HomeMy WebLinkAbout0165 TO HAVE AND TO HOLD~ the said property, together with all and singular the rights. mesnbers, hereditaments, and appurtenances thereunto belonging or in any wise appertaining~ unto s~cwnd party, its successors and assigns. in fee simple iorever; and Hrst party hereby binds himsel~ (it- , selfl~ his (its) heirs, executors~ adnainistrators, successors and assigns~ to warrant and forever defend said prope~rty unto second party, its successors and assigns, irom and against first party, the heirs, executors, administrators, successors and assigns of first patty and all other persous whomsoever lawfully claiming or to claim the same or any part thereof. ~ PROVIDED AL~VAYS. NEVERTHELESS, and it is the true iintent and meaning of the parties to , these presents, that if first party shall pay, or cause to be paid. unto second party, its successors or as- signs~ said debt or sum of money~ with interest thereon as aforesaid, and shall perform all tercns~ con- ditions, and covenants according to the true iatent of said note and this mortgage and any other instru- ment securing said note, and comply with all the provisions of the Federal FaYm Loan Act and all amendments thereto, and with the regulations issued and that may be issued by the Farn? Credit Ad- ministration, all of v~thich are hereby made a part hereof, then this_ mortgage shall cease, determine, and be_ utterly null and void; otherwise it shall remain in full force and effect. FOR TfIE CONSIDERATION AFORESAID, first party covenants as follows: 1, F`irst party is lawfully seized of said property in fee simple and has a perfect right to convey sazne; there are no encumbrances or liens whatsoever on said property except this mortgage. 2. ~rst party will insure and keep insured as may be required by second party from time to time allgroves and orchards now on said property or that may hereafter be thereon against loss or damage by fire. windstorna~ hail,-frost, freeze~ and/or other casualty, and all buildings now on said mperty, and all buildings which may hereafter be erected thereon, against loss or daznage by fire, hai~ windstorm. and/or other casualty, in such form, such amounts, and in such company or companies. as shall be satis- factory to second party~ the loss, if any, to be payable to second party as its interest may appear at the time of the loss. F'irst party wiil deliver to second party the policy or policies of iasurance with mort- gagee clause attached tTiereto satisfactory to second party. and will proraptly pay when due all premiums for such insurance. If any grove or orchard shall be destroyed or damaged by fire~ windstorm, hail. frost, freeze. and/or other casualty, the amount received in settlement of the loss or damage may be applied at the ogtion of second party on such part of the indebtedness secured~ by this instrument as second party may in its sole discretion determine. If any building on said property so insured shall be a destroyed or damaged, the amount received in settlement of the loss or dannnage may be ap lied at the option of first party to the reconstruction or.repair of the buildings so destroyed or dama subject to th~ re~ations issued or that may be issued under the Federal Farm Loan Act or acts amendatory thereo or suppleineatal thereto; and any portion of the proceeds not so used shall be applied on the debt hereby secured in such manner as second party, in its sole discretion, may deterinine. 3. First party will pay, when due and payable, all taxes, assessments and other charges that may be levied or assessed against said property. and all judgments and all other amounts that maq be or become a lien thereon. 4. First partp vvill keep in good order and condition, preserve, and repair, rebuild and restore all ter- ! races, buildings, groves, orchards, fences, fiatures, shrubbery and other impmvements, of every 1Qnd and nature, now on said land and hereafter erected or placed thereou that may be destroyed or damaged , by fire~ windstorm or otherwise~ and will not perinit the chanbe, injury or removal thereof, will not oom- mit or permit waste on said land, and will not, except with the written consent of second party, cut, use or - remove~ or permit the cutting, use or removal of, any tunber or trees on said land for sawmill~ turpentine or other uses or purposes~ except for firewood and other ordinary farm purposes. F~rst party will aLgo ; preserve and keep in good order and condition all n+ees and timber now and hereaftergrowing upon the ~ ~ said property, and will at all times protect the trees and timber against loss or damage by fire, all to the ~ iatisfaction of the second party. ' 5. First party will at all times properly fertilize, cultivate, care for, and maintain in a productive condition all the grove aad om.hard trees now on said pmperty or hereafter planted thereon, and will ; protect the groves and orchards against loss or damage by fire by making and maintaining proper fire- ; breaks on and around said property, and by keeping undergrowth cut, to the satisfaction of second ~ party.. First party will not top-work thegro ve or orchard trees without first obtaining the written con- ' sent of second party. Second party 1s hereby authorized and empowezed to have appraisals of said property made by a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The cost of such appraisals shall be paid by first party unmediately upon presen- tation of an itemized statement thereof and shall be secured by this instrument. 6. Time is of the essence of said note and of this instrument. If first party fails to comply with i any covenant, condition or agreement in this instrument or in the said note or in any reamortization~ renewal, deferment, or eatension agreement, second party may, at its option. exercise any one or more of the following rights, powers, prlvileges, and remedies: (a) Perform any one or more of the covenants of first party in this instrument and in the said note, and all amounts advanced by second party in doing so shall be due and pay~ble by first p to second party immediately without notice. and shall be secured by this instrument. and shall bear intezest from the date of advance by second party at the highest rate authorized to be charged under the Federal Farm Loan Act, as amended. (b) Declare all amounts secured by this instrument immediately due and payable without notice. ~ (c) Proceed immediately to ioreclose this mortgage, and pursue such other remedies as may be suthorized by law. 7. As further securlty for the payment of the note herein described and for the performance of all the tezms, conditions~ and covenants of said note and oi this mortgage, first party hereby transfers, assigns, and sets over to second party all of the cr~ps sown or growing upon the said mortgaged premises at the time of filing suit for foreclosure he~eof and thereaiter.•and all of the rents, issues, and profits of the said mortgaged premises unpaid and uncollected at the time of iiling suit tor toreclosure hereoi and thereafter, and upon filing suit ior ioreclosure, or at any time thereafter, second party shall be entitled to have a receiver appointed to take charge ot the $aid mortgaged premises and the cropa sowa or growing thereon~ togetber with the said rents, issues, and profits arising therefrom and hereby assigned. and hold the same subject to the order and direction of the court. . ~ 1~3 ~ _ . T~ 4?"}~..,ls~=-.L' ~ ; ~ a ~ ~ c