Loading...
HomeMy WebLinkAbout0825 . . _ ~ - l - _ . _ . . ~ ; ~ j S { TO HAVE AND TO HOLD, the said praperty. together with all and singulaz ~ts, members, l~edi- taments, and appurtenances thereunto belonging or in any wise appertaining, unto party, its suooesson and assigns, in tee simple forever; and first party he~eby binds himself (itselE), his (its) heits, eaecutors, adtnin istrators, succ~essors and assigus, to warrant and fonwer defend said property unM second party, its sucoessors and assigns, from and against firstp , the heirs, eaecutors, administrators, sucaessors and assigns of first party and all other persons whomscever I~$w~ully claiming ar to claim the same or any part d~are~f. PROVIDED ALWAYS, NEVERTHELESS, snd it is the true intent and meaning of tbe parties to these presents, that if first party shall pay, or cause to be paid, unto second pazty, its successors or assig~os, said debt ot sum of money, with intecest thereon as aforesaid, and ahall perform all terms, oonditions, and ooveuants acoord- ing to the true intent of said note and t6is mortgage and any other inshvment securing said ~rote, and aomply with all the Provisions of the Fedezal Farm Lo~n Ad and all ameadments t~reto, and with t~e regulatio~t j issued and that may be issued by the Farm Credit Adminisrratian, all of whic6 are hereby made a~~rt hereof, then tlris mortgage shall oease, determiney and be ntter~y mill and void; oth~wise it shaU remain in full foroe and , FOR THE CONSIDERATION AFORESAID, first pazty oovenants as follows: ' I ~ 1. First party is lawfully seized of sa~d property in fee sunple and has a perfect right fi~ oonvey sam~ the~e are no encumbrances or lieas whatsoever on said property except this mortgage. 2. First party will insure and keep i~osnred as may be reqwred by secondparty fram time to time aIl. groves and orchards now on said property or that may hereafter be ihereona~nst Ioss -or eby fire, wind storm, hail, frost, freeze, and/or other casualty, and all buildin now on sai'd ~perty, and~ailiing,s which er may hereafter be erected thereon, again,st loss or damage by ' e, hail, windstorm, and/or other casualty, in such form, such amounts, and in sucL company or oompanies, as shall be satisfactory to second party, the loss, if any, to be payable to seoond party as its interest may appear at the time of t6e loss. First party w71 deliver t~ second party the policy or policies of insuranae witb ~ortgagee clause attached thereto satisfactozy? t~o seoond P~Y~ and will prompdY PaY when due all premiums for such insurance. If any grave or orchstcd sball be d~ stroyed or daznaged by fire, windstorm, hail, frost, freeze, and/or other c;asualty, d~ amount reoeived in setde- ment of t6e loss or damage may be applied at the option of seoond party on suchpart of the indebtedness secured~y this instrument as seoond party may in its sole discretion determine. If any building on said property so insured shall be destroyed or damaged, the aznount received 'm settlement of t~e Iass or damage may beap- plied at the option of first party to the reaonstruction or repair of the buildings so destroyed or daznaged, sub- ject to the regulations issued or that may be iss~ed under the Federal Farm Lo~n Act or ads ame~ndatory thereof or supplemental thereto; and any portion of the prooeeds not so used shall be applied on the debt heceby secured in such manner as second party, in its sale discxetion, may determine. 3. First party will pay, when due and pay abla, all t~ces, assessments and other d~arges that may be levied or assessed against said pmperty, and all jud~ments and all other amounts tbat may be or beoome a lien thereon. 4. First party will keep in good order aad oandition, preserve, and repair, rebuild and rectore sIl terraces, buildings, ~roves, orchards, feuoes, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter ereded or placed thereon diat may be d~oyed or damaged by fire, windstarm ar otherwise, and will not permit the d~ange, injury ar removal thereof, wilY not casuonit or pezaiit waste on said land, and will not, eacoept with the written oonaent of seooud party, cut, use or reo~ov~e, or permit the cutting, use or remo~val of, any timber or trees on said land far sawmill, turpentine or other uses or parposes, except for fire- wood and other ordinary fazm purposes. First party will aLw preserve and keep in good order and aonditian all trees and timber now and hereafter growing upcm the said property, and will at all times proted the trces and timber against loss or damage by fires all to tl~e satisfaction of the seoand party. 5. First party will at all times pi+operly fertii~ cultivate, care for, and maintain in a productive condition . all the grove and orchard trees now on said pmperty or bereafter planted thereoa, and wiU protect the graves and . _ ~ ~1?4 P~~ ~ - - - . ~ , .