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HomeMy WebLinkAbout1785 . _ . = - - , . . , ~ • { ;.s ~ _ i • ~ ~ i ~ ~ ~ . - _ . ~ ' ] TO HAVE AND TO HOLD, the said pmperty. together with all and singular the rights, manbers, heredita- ~ mauts, and ap~urtenances thereuato belonging or in aaq w~se a~ppemining, uam seoond party, its suoceasors and ss- ~ signs, in fee s~mple forever; and 5rst party hereby binds bimsdf (itadf), h~s (its) hdrs. txecutora, sua~ors and assigns, to warrant and forever defead aaid property unto secoud party, its ~rs aad assigns. from and against first party. the hdrs, acecutiors, administrators. suoassors aad ass~gns o# first party and all other persons vrhonfsotvu lawfully claiming or to claim the same or any part thetto~f. ~ PROVIDED AI.WAYS, N~VER7'HELESS. and it is the true inteat aad meaning of the parties to thae ~ts, that if Srst party shall pay, or cause to be paid, nntu seoond party, ib suocessors or assigns, said debt or sum of money. with iaterest thereon as aforesaid, and shali perform all tams, conditions, aad oovenaats aooording „ to the true intrnt of said not~ and this mortgage aad aay other instruuxnt securing said note, and complq with all the ~ provis~ona of the ~oderal Faan I.oaa Act and all ammdma~ts thereto, and with the regulations issued aad that ~ i may be issued bp the Farm Credit Administration, all . of which are herebq made a part hereaf, thea thia mortgage shall cease, determine, and be utterly nuU aad void; otherwise it ahall rer~a in full fora and effact. ~ E FOR THE CONSIDERATION AFORFSAID, first party oovenaats as foUows: ~ 1. First party is lawfully srir~ed of said ~roperty in fee simple and has a perfect right to ounvey aame; there & are no encumbrances or lieas whatsoeva on sazd Property e~ccept this mort8age. 2. Firat party will iasnn aad loeep insured aa may be required by 9econd party from time to time all grova ~ aud orchards now on said property or that may hereafter be tharoon against loss or daa~age bq fue, ~ ha~, frost, freeze, aad/or other casualtq, and all bu~7dings now on said property, and all buildings whuh may hao- after be erected theraon, against loss or damage bp fite, hail, windsLorrn, and/or other casualty, in such form~, anch amounts, and in such oompany or compawies, as shall be satisfactory to second party, the loss, if any, to be paqable to second party as its interest may appear at the time of the loss. First party will deliver to second party the policp ~ or policies of insurance with mortgaga clause attached therebo satisfactory to second party, aad will prmnptly pay ~ when due all premiums for such insurance. If anq gro~rc or orchard shall be destroyed ot daznaged by fire, wind- storm, ha~, fr~o6t, freeu, and/or otha casualty, the amount reoeived in settlement of ffie loss or dasnage maq be applied at the option of ~econd party an such part of the indebtodness secured by this instrumeat as seoond party ~ maq in its sole discretion determine. If aay building on said properiy so insured shali be destroyed or damaged, the amount received in settlement of the loss or damag~ may be applied at the option of first party to the recanstnution ~ or repair of the buitdings so destroyed or damagcd, snbjcct to the regulatioas issued or that may be issued uuder the Federal Farm I,oan Act or acta amendatory thereof or supplemental thereto ; and anq portion of the procxeds ~ not so used shall be applied on the debt hereby secured in such manner as second party. in ~ta sole discretion, may ~ determine. 3. First party w~l pay, whea due and payable, all taxes, a~n«its aad other charges that maq be levied or ~ acsessed against said property, and aU judgmaita and all other aawunta that may be or baotne a lim thereon. ~ 4. First party will keep in good orda and eondition~ preserve, and repair, nbuild and restore all terraas, buildings. groves~ orchards, feaces, fixtures, shrubbery and other improvanents. of every kind and nature. now on ~ said land and hereaker erected or placed thereou that may be destroyed or damaged bq 5re, windstorm or other~riae, and w~l not permit the change. injury or removal there~f, will not oommit or permit wute oa said land, aad w~l ± - not, accept with the writtrn consent of aecond party, cut, nse or revwve, or peraut the cutting, use ar removal of. anq timber or trets on faid land for sawmill. turpaitine or other uses or purposes~ except for firewood and other ordinary farm pnrposes. First party will a14o preserve and keep in ~ood otdtr and condition all trces and timber ~ now and hereafter growin~ ur,on the aaid properly. and will at all timea protect the trees and timbtr against loss or damage by 5re. all to the satisfaction of the second partq. 5. ~rst party ariU at all times properlp ferh'lize, cultivate. care for. and maintain in a productive condition all the grove and orchard trees noa on said propert~ or hereaker planted thereQn, and w~l protect the grova and r . • ~ ; , _ , - _ - _ _ _ ~ = = - = _ _ _ _ _ - _ - ~ s-~ ;F _ _ _ ~1~lA . - - - z~}