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Home My WebLink About2805 Fotm 4•O.•dl•Flotida. R~~r. Ikc., 1'JdT (InJisi~lwl amf Corp.). TO IIA~'E ANI~ TO HOLD, the said property. tobetl~er with all and singular tl~e rights, members, heredi- taments, and appurtc+nances thereunto belonging or in any ~~~ise ap~rtaining, unto second party, its successors .?nd assigns, in Me simple furevcr, and first party hereby binds iiimx:lf (itselt), his (its) heirs, exec~dors, ucimin- istrators, sucressors und assib*~is, to ~vurrant and forever de[cnd suid property unto sec~nd party, its successors and assigns, from anci against first party, tlie tseirs, executors, aJministrators, succe~ssors and assigns of first party und all other persons ~vhomscever 1•awfully claiming or to claim tl~e same or any part thereof. PROVIDEU AL~VAYS, NEVERTHELESS, and it is tl~c tn~e intent and meaning of the parties to these pr~xcnts, tliut if first party shall pay, or cause to be paid, unto second purty, its successors or a~signs, said debt or sum of money, with intexest thereon as aforesaid, and shall ix~rfarni al! terms, conditions, and rnvenants accord- ing to tiic tnie intent of said note and this mortgage :?nd any otl~er instr.~ment socuring saicl note, and comply ~~•ith .~il the pro~~isions ^f the Federal Farnn Loan Act and all amendments thereto, and with the regulations issuca ancl that may be issued by tho Farm Credit Administration, all of ~~•hich aze hereby made a part hereof, then tLis mortgabe sl~atl ccase, dctcrmin~, and be utterly null und void; otLer~~~isc it shall remain in fuli force and effect. FOR T~~E CONSIDERATION AFORESAID, first party co~~enants as follo~vs: 1. First party is la~vfully seized of said property in fcc simplc and l~as a pcrfect rigl~t to convey same; there arc: no encumbrancrs or liens ~vhatsoover on said property c.~ccpt tLis mort~age. First party ~vil) insure and keep insured as may lx~ rcquirexl by second party from tiine to time all groves and orch.vcls now on said property or th:,t may hercafter l~e therc~n against loss or damage by fire, wind- stonn, hail, frost, fr~rze, and/or ot6er r:tsualty, and all buildin~;s n~?w on said property, and all buildings whid~ mav hereatter t~e erectecl thereon, against loss ar damage by fire, l~ail, ~vinclstorm, and/or other casualty, in sucli form, such amounts, and in sucl~ company or compxnics, as sLall be satisfactory to second party, the loss, if an~~, to 1~c pa~•able to sec~ond party as its interest may aplxar at the time of tLe loss. First party ~vill deli~•er to si~cnnd part~~ tLe poliry or lx~licies of insuranco with mortgagcY• clausc .~ttachecl thereto satisfactory to second part~•, and will prompNy pay ~vhen due all premiams for such iusurancr. If an~~ grove or orehard shall bc> d~ stro~•ed or duma~;~til by fire, windstorm, hail, frost, free-r.e, and/or other casualty, ihe amount received in settle- mrnt of the loss or damage may be applied at the option of sc~c~ncl parh~ on sudi ~art of the indebtedness secY~recl by this instniment as second party may in its sole discretion detern~ine. If any ~uilding on said property so insured sl~all be destro~•ecl or damagecl, tl~e amount receirecl in settlement of the loss or damage may be ap- plied at the option of first party to tLe reeonstruetion or rep:~ir of t6i• buildinbs so dc~troyecl or damagecl, sub- ject to thc regulations issueci or that may be issuecl undc•r the Fc~leral Farm Loan Act or arts amendatory therc~f or supplemental il~ereto; and any ~x~rtiun of il~e procx~~cis not so used sl?all Ue appliecl on the debt hereby scxurc~cl in such manner as secnnd part~', in its sole discretion, may detcYmine. 3. First party ~~~ill pay, ~vhen due and pa~•able, all ta~~s, assessmrnts and other charges that may be levied or assessed abainst said property, and all judgments and all othc~r amounts that may be or bc•come a lien thereon. 4. First p.irty ~vill keep in ~;ood order and condition, preser~-e, and repair, rebuild and restore all terraces, huilelings, ~;ro~~cs, orchards, fencc~, fi~tures, shrub}~ery and c~d?cr impro~-i~ments, of every kind and na!ure, now on said land and l~ereaker ereetecl or plaec~cl tl~ereon dr.it mav be de:stro~~ecl or damagecl by fire, ~vindstorm or ot6en+~ise, .ind ~vill noi permit the changc_ injurv or remo~•.il tl~~~reof, ~vill not rn~nmit or permit waste on said I land, and will not, exc~ept with the ~vritten c~nsent of seconcl party, eut, use or remove, or pcrmit the eutting, use 'j or removal of, any timber or Uees on said land for sa~vmill, hirpentine or other uses or par[~oses, except for fire- ~~~•~~ci .ind othcr ordinary farm pur~ses. First party will also prc~crve and kec:p in ~ood order and condition all f trees and tim~e~r no~v and hercaker gro~~ing ulx~n the said property, and.~vill at all times protect thc trees and i timlxr against lass or damabe by fire, all to the satisfaction of the sernnd party. f 5. First party ~~•iD at a1l times properly fertilize, cultivate, rare for, and maintain in a prociuctive condition i all the gro~•e and orcl~ard trees nrnv on said property or hercafter plantecl thereon, and ~vill protect the goves and orchards against loss or damage by fire by making and maintaining proper f'uebreaks on ancl around said prop- erty, and by keeping imdergro~vth cut, to the satisfaction of second party. First party ~vill not top-~~~ork the grove or omhard trees without first obtaining the written consent of second party. Second part~~ is l~ereby a~ithorized ~ and empowered to have appraisals of said property madc by a I,and Bank appraiser, or by otl~ers, at sach times ~ as second party, in its sole discretion, may desire. The cost of s~~ch appraisals shall be paid by first party immedi- ately upon presentation of an itemized statement thereof and shall be secured by this instn~ment. 6. Time is of the essence of said noto and of this instn~ment. If first, party fails to a~mply ~~~ith any rn~•e- nant, condition or agreement in this instroment or in the said note or in any reamortization, rene.ral, defenncnt, or extension agreement, second party may, at its option, exercise any one or more of the follo~~~ing rigl~ts, po~vcrs, privileges, and remedies: ~ (a) Perform any one or more of the covenants of first party in d~is instn~mcjnt :u~d in the said note, and ~ all amounts advancecl by second partv in doing so shall be d~ie and payable by first party to second party immediatcly ~vithout no6ce, and shall be secured by this instn~ment, and sl~all bear interest from ~ the ciate of advance by scrnnd party at the higliest rate provided in said note. ~ ~ (b) Declare all amounts secured by this instrument immediately due and payable ~vithout notice. ~ (c) Proceed immecliately to foreclose this mortgage, and pursue such other rcmeclies as may be author- ~ ized by law. ~ 7. As further security for the payment of the note herein desrribcxi and for the performance of aU the $ terms, conditions, and covenants of said note and of this mortgage, first part~~ hereby transfers, assigns, and sets ~ over to second party all of the crops so~vn or growing upon the said mortgageci premisc~s at the time of filing suit for foreclosure hereof ancl thereafter, and all of the rents, issues, and profits of the said inortgagcd premises ~ unpaid and uneollectad at the time of filing suit for foreclosure hereof and thereafter, and upon filin~ suit for ~ foreclosure, or at any time thereafter, second party shall be entitled to have a rerei~~er appointed to ta~:e chuge of the said mort~aged premises and the crops so~vn or growing thereon, tvgether ~vith the said rents, iss~~es, and J profits azising therefrom and hereb}~ assigned, and hold the same subject to the order and direction of the rni~rt. ~ 8. First Party covenants that he will not perform any act ~.~hich mi~ht impair or tend to impair the con- ~ tinuation on the pmperty herein described of a11 crop allotments and acreafie allotments now established or here- ~ after establishecl on any of the property herein described. ~ ~ ~ (1 R s~ i ~oo+~ ~ ~ ~ ~ - ' ~'i~.~~;_._::- F