Loading...
HomeMy WebLinkAbout0759 . ( . , ~ . • . + I _ _ . _ _ - _ - , . - _ _ _ _ . ~ ' t's , . ti - . ~ . . TO HAV~ A1~D TO HOLD, the said property, together with all and singular the rights, members, heredita- . meats, and appurtenances thereunto belonging or in any wise appertaining, unto second party, its succe~,SOrs and as- ~ sigas, in fee stmple forever; and first party hereby binds himself (itsdf), his (its) hars, executors, administraMrs, successors and assigns, to warrant and forever defend said property unto second party, its successors and assigns, from and against first party, the heirs, executors, administrators, successors and assigns of 5rst party and all other ; persons whomsoever lawfully claiming or to claim the same or any part thereof. ` PROVIDED AI,WAYS, N~VERTHELES5, and it is the true intent and meaaing of the parties to these presents, that if first party shall pay. or cause to be paid, unto second parly, its succe.gsors or assigns, said debt or . sum of money, with interest thereon as aforesaid, and shall perform all tercns, rnnditions, and covenants according to the true inteat of said note and this mortgage and any other instrument securing said note, and comply with all the provisions of the ~ederal ~arm Loan Act and all amendments thereto, and w~th the regulations issued and that may be issued by the Farm Credit Admin'sstration, all of which aze hereby made a part hereuf, theA this mortgage shall cease~ determine. and be utterly null and void; otherwise it shall recnain in full force and effect. FOR THE CONSID~RATION AFORESAID, first party oovenants as follows: 1. First party is lawfully seized of said ~roperty in fee simple and has a perfect right to rnnvey same; there are no encumbrances or liens whatscever on s~ud pmperty except this mortgage. 2. First party will insure and keeg insured as mav be required by second pariy from time to time all groves and orchards now on said'property or that may hereafter be thereon against lou or dainage by fire, windstonn, hail, frost, freeze, and/or other rasualty, and all buildings now on said property. and all bu~ldings which may hero- after be erected thereon, against loss or damage by fire, hail~ windstorm, and/or other casualty, in such form, such = amounts, and in such company or rnmpanies, as shall be satisfactory to second party, the loss, if any, to be payaWe to second party as its inter~st may appear at the time of the loss. First pariy will deliver to second party the poliey or policies of insurance with mortgagee clause attached thereto satisiactory to second party, and will pmmptly pay when due all premiums for such insurance. If any grove or orchard shall be destroye3 or damaged by 5re, vfnnd- storm, hail, frost, freeze, and/or other casualty, the amount received in settlement of the loss or damage may be applied at the option of second party on such part of the indebtedness secured by this instrument as second party may in its sole discretion dete~mine. If any bu~lding on said property so insured shall be destroyed or damaged, the amount received in settlement of the loss or damage may be applied at the option of first party to the reconstruction _ or repair of the buildings so destroyed or damaged, subject to the regularions issued or that may be issued under ; the Federal Farm L,oan Act or acts amendatory thereof or supplemental thereto ; and any portion of the proceeds ` not so used shall be applied on the debt hereby secured in such manner as seoond pariy, in its sole discretion, may f determine. 3. First party will pay~ when due and payable. all taxes, assessments and other charges that may be ltvied or ; assessed against said property, and all judgments and all other amounts that may be or become a lien thereon. 4. First party will keep in good order and condition, preserve, and repair, rebuild and restore all terraces. " buildings. groves, orchards, fences, fuctures, shrubbery and other improvements, of every kind and nature, now on ~ said land and hereafter erected or placod thereon that may be destroyed or damaged by fire, windstorm or othervvise, ~ and will not permit the change, injury or removal thereoE, will not rnmmit or pennit waste on said land, aad will aot. except with the v~~ritten consent of second patly, cut, use or remove, or permrt the cutting, use or removal of. ~ any timber or trees on said land for samnill, turpentine or other uses or purposes, eaccept for firewood and other t ordinary farm vurposes. First party a711 also preserve anc~ keep in ~ood order and condition all trees and timber now and hereafter ~rowing unon the said property, and ~vill at all times protect the ttees and timber agaizst loss or damage by 6re, all to the satisfaction of the second party. ; 5. First party will at all times properly fatilize, cultivate, care for, and maintain in a productive condition all i the grove and orchard trees now on said property or hereafter planted thereon, and will protect the groves and ; a ~ _ . ~ Y _ . _ . ~ - . . _ _ . _ . . . . . a~16? ~ .?57 . . _p,§ ,:s,;>~. ; _ . . - - - _ ~ - ~ ~''S e r ' . rv . _ '.a:.,;=e'