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HomeMy WebLinkAbout0588 ~ i TO HAVE AND TO HOLD, the said pronerty. to8ether with all and singular the rights, membera, heredi- taments, and appurteaances thereunto belonging ~ in any wise appedaining, unto seooad party, its suooessors aud assigns, in tee simple forever; and first party hereby binds himself ( itself his ( its ) h~, executois, admin istrators, succrssors and assigns, to warrant and forever defend said property unto seoond party, its sucoessors and assigns, from and agauut firstp rty, the heirs, e=eaitors, administrators, successors and assigns of firtt puty and all other personi wbomso~.wer La wf~illy claiming o~ to daim the same ar aay part ~f. PROVIDED ALWAYS, NEYERTHELESS, and it is t6e true intent and meaning of the parties M tl~ese ~s presents, that if first party shall pa.•, or canse to be paid, unto seoondparty, i#s suooessors oc assigns, said d~ebt o~ w sum of money, witt? interest ~ec~n as aforesaid, and ahall perform all term4, oonditions, and o~vesants aooor~ ing fio the true intent of said note and this mortgage and any other instrum~nt securing said not~ and oanply with all the Pravisions of t6e Fc~deral Faim Loan Act and all ameadmeats therebo, and with the regulatia~s ' issued and diat may be issued by the Farm Cr~dit Administratian, all of which are hereby made apart hereof, ' then this mortgage shall cease, d~eterminey and be nttedy null and void; otherwise it shall reanain in full foroe and j effect. p FOR THE CONSIDERATION AFORFSAID, first party oovenants as foUaws: ~ 1. First pazty is lawfully seized of said praperty in fee simple and haa a perfed right M oonvey sau~ there are no encumbrances or lieas whatsoe~ver on said pmperty eroept this mortg,age. 2 First party will insure and keep insured as may ber~u~red by seoond from tnoae to time all. groves and orchards now on said property or that may hereafterbe thereona~nst or eby fir~ wind storm, hail, frost, freeze, and/or other r.asual , and all build~'~~gs now on sa~'d ~perty, and~uildings which ~ ma hereafter be erected the,reon, 1~ or dama e fire, hail, windsborm, and/or ot~ex cssualty, in ~ such form, such amounts, and in su~pany or oomp nie~s,~as shall be satisfactory to seoond party, the loss, if any, to be payable to secand party as its interest may app~r at the time of the loss. First party will delive= to seoond party the policy or policies of insuranae with r~ortgagee dause attad~ed thereto satisfado:y to sec~and party, and will P~pvY PaY when due all ums for such insurance. If any g~ro~ve or orc~ard s6a11 be de- stroyed or damaged by fire. windsturm, hai~r~frost, freeze, and/or ot6er casualty, tbe amount reoeived ia setde- ment of the loas or damage may be applied at the opHan of seoond party on s~u~ part of the indebtedness secured by d?is instr~ment as seoofld party may in its sole discxetion determine. If any building on said pzoperty so insured shall be destroyed or damaged, the aawunt nceived in setilement of die loas or damage may beap- plied at the option of first party to the reoonstructio~n or repair of the buildin~t so deshnyed or damaged, sub- ject to the regulatioas issued or that may be iuued under the Federal Farm Loan Ad or acts amendatory ~ thereof or supplemental thereto; and any porti~ of the prooeeds not so used shall be applied on the debt Leceby secured in sY~ch manner az second party, in its sole discxetion, may determine. ~ 3. First party vrill pay, whe~ due and pay able~ aIl taues, assess~ and other chuges that may be lt,wied or assessed a8~ ~ P~P~'tY. and all judgcnenb and all ~other amounts that may be or beoome a lien thereon. 4. First party will keep in good order and oondition, preserve, and repair, rebuild and resfiore aU terraces, buildiags, 8roves, o~chards, fenoes, fi:tures, shrubbery and other improvements, of every Idnd and nature, naw on said land s~nd hereafter erec.~ted or placed thereon that may be d~e~oyed or damaged by fire, windstorm ar , otherwise, and will not permit tbe changG, injury or remaval - theneof, will not aoaomit or permit waste cn said . land, and will not, eacoept with the writtea oossent of seoond party, cut, use or re~nove, or permit t~c cvtting, use or removal of, any timber or trees on said land for sawmill, turpeatiae or other uses or piu~wses, eacotpt foc fira wood stnd other ordinary farmp First party will also preserve and keep in good order a~i oondition all trces and timber now and her teaf g otivigrotiviag upo~n the siid property, aad w~71 at s~ll tinnes p~otect the trees and timber against lass or damage by fir~ stll to the satufadian of tbe sec:ond p~rty. 5. First puty will at all times properly fertiliu, ~ultivate, care for, and maintxin in a productiwe condition all the grove and achud trees naw on ~id prape~ty or bere4fter plauted the~reon, and will proted the graves and ooxi77 ~ 5~ - - - - _ _ - ~ >~~t~:° ,~~~~•.~~:a.~ ~ E. . _ _