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HomeMy WebLinkAbout2850 , ~ ~ ; . i - . ~ ' 1 ; TO HA~~~ A\ D TO HOI.U, the said property, together ith ali and singular the rights, members, heredita- ments, and appurtenances thereunto belonging or in any wise appertaining, unto second pariy, its successors and as- { signs, in fee simple forever; and firsi party hereby binds himself (itself), his (its) heirs~ executors, administrators, f snccessors and assigns, to warrant and forever defend said property unto second party, its successors and assigns, from and against first party. the heirs. execuWrs, administrators, successors and assigns of first party aad a!1 other persons whomsoever lawfully claiming or to claim the sazne or any part thereof. ~ PROVIDED ALWAYS, N~VERTHELESS, and it is the we intent and meaniag of the parties to these presents, that if first party shall pay, or causc to be paid, unto secr.nd par:y, its succe5sors or assigns, said debt or sum of money. wi~h interest thereon as aforesaid, and shall perform all terms, rnnditions. and oovenants aocording to the true intmt of said note and this mortgage and any other instrument securing said note, and compty with ali the provisions of the Federal Farm Loan Act and all amendments thereto, and ivith the regulations issued and that may be issued by the Farm Credit Administration, all of which are hereby made a part hereof, then this mortgage shall cease, determine. and be u:ter~; ~~.ill and void; othenvise it shall remain in full force and effect. . F F'OR THE CONSIDERATION AFORESAID, first party covenants as follows: ` 1. First party is lawfully seized of said propetty in fee simple and has a perfect right to convey same; there ; are no encumbrances or liens whatsoever on said property eacept this mortgage. ; , 2. First party will insure and keep insured as may be required by second party from time to time all groves # and orchards now on said property or that may hereafter be thereon agaiast loss or damage by fire, windstorm, ~ hail. frost, freeze, and/or other casualty, and all buildings now on said property, and all bwldings which may here- ' after be erected thereon, against loss or damage by fire, hait, windstorm, and/or other casualty, in such form, such amounts, and in such company or companies, as shall be satisfactory to second party, the loss, if any, to be payable to second party as its interest may appear at khe time of the loss. First party wiU deliver to second party the policy i or policies of insurance .vith mortgagee clause attached thereto satisfactory to second party, and will promptly pay when due all premiums for such insurance. If any grove or orchard shall be destroyed or dacnaged by fire, w~nd- storm. haii. frost, freeze. and/or other casualty, the amount received in settlement of the lou 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 determina If any building on said property so insured shall be destroyed or damaged, the amount received in settlement of the loss or damage may be apptied at the option of licst party to ihe reconstruction or repair of the 6uitdings so destroyed or damaged, subjeci to the re~ulations issued or that may be issued under the Federal Farm Loaa Act or arts amendatory thereof or suppler.iental thereto ; and any portion of the proceeds not so used shall be applied on the debt hereby secured in such manner as second pazty, in its sole discretion, may determine. 3. ~irst party will pay, when due and payable. all taxes, assessments and other charges that may be icvied or assessed a~ainst said property, and ali judgments and all other amounts that may be or become a]itn thereon. 4. First party will keep in good orda and rnndition, preserve, aud repair, rebuild and restore all terraca. buildings. Rroves, orchards, fences, fixtures, shrubbery and other improvements, of rvery kind and nature, now on said tand a.~d hereafter erected or placed thereon that maq be destroyed or damaged by 5re, windstorm or otherwise, as~d wi11 not permit the change, injury or ranoval thereof, will not rnmmit or permit waste on said land, and w~[ not~ except with the writtrn consent of second party. cnt, use or : emove, or permit the cutting, use or rtmoval af. any timber or trees on said iand for sawmili, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes. First party will also ~reserve and keep in ~;ood order and rnndition all trees and timbet now and hereafter growing uvon the said property. and will at all times protect the trees and timber against loss or damage by fire, ali to the satisfadion of the second party. 5. First party a-ill at all times properly fertilize, cultivate. care for, and maintain in a produdive condition all the grove and onhard tras now on said property or haeafter planted thereon, and will protect the gtoves and i ~ + a~K169 ~2831 _