Loading...
HomeMy WebLinkAbout0177 ~ I I ~ ~ - I~ ~ ~ , - - I 3 ~ TO HAVE AND TO HOLD, the said pmperty. toSether with aU ancl singular tLe rigLts, arembers, heredi• ~ taments, and appurtenances thereunto belonging ~r in any wise appeitaining, unto seoond party, its su~on and assigns, in tee simple forever; and first party hereby binds himself ( itself j, his ( its ) heirs, executors, admin- istrators, successors and assigns, to warrant and forever de.fend said property unto seco~nd party, its sucoe~ors and assigiu, from and against firstprty , d~e heirs, executors, administrators, sucoessors and assigns of first party ~ and all otfiei persons whom.soever lawfully claiming or to claim the same or any part thereof. ~ PROVIDED ALWAYS, NEYERTHELESS, and it is the true intent and meaning of the parties to these r presents, ihat if first P~Y ~ PaY. or cause to be paid, unto seoond party, its sucoessors or assigns, said debt a~ seim of money, with interesk,ihereon as aforesaid, and shaU perform all terms, conditions, and coveaants acaord- i ing to the true intent of said note and this martgage and any other instrument securing said ~ot~ and oomply ~ , with all the provisions of the Fedetal Farm i.oan Act and all amendments therebo, and with the regulations ~ issued and that may be issued by tha Farm Credit Administration, _ all of which are hereby made a_ ~art hereof, th~ this mortgage shall oease, determine~ and be utterly null and void; otherwise it shaU remain in fiill force and effect. . FOR THE CONSIDERATION AFORESAID, first pazty oovenants as follows: I 1. First party is lawfully seized of said propecty in fee sirnple and has a perfed right to oonvey same; tLere are no encumbrances or liens wha~soever on said property eaccept this mortgage. ~ 2. First party will insure and keep insured as may be required by seoondpazty fram time to time all. I~ groves and orchards now on said property or that may hereafter be thereon~a~nst Ioss -or dam~ e by fue, wind- storm, hail, frost, freeze, and/or other casualty, and all buildings now on saz'd ~perty, and alll~uirdinp,s which ~ may hereafter be erecteci therean, against Iass or damage by fire, hail, windstorm, and/or dther casualty, in a ns such form, 'such amounts, and in such oompany or companies, as shall be satisfactory to seoond party, the loss, if I any, to be payable to second party as its interest may appear at the time of the loss. First party will deliver to seoond party the policy or policies of insuranca with mortgagee clause attached thereto satisfactory to seco~nd I P~Y. and will prompdY PaY when due all premiums for such insurance. If any grove or orcl~ard shall ba de- I stroyed or damaged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received in setde- ment of the loss or damage may be applied at the option of seoond party on such part~ of tUe indebtedness secured by this instr~ment as seoond party may in its sole discretion determine. If any building on said prope~ty so insured shall be destroyed or damaged, the amount received in settlement of the loss or damage may be ap- plied at the option of first party to the reo~nstruction or repair of the buildings so deatroyed or damaged, sub- ~ ject to the regulations issued or ihat may be issued under ihe Federal Farm Loan Act or acts amendatory I thereof or supplemental thereto; aad any portion of the prooeeds not so used shall be agplied on the debt l~eby i secured in such manner as second party, in its sole discretion, may determine. ( 3. First party will pay, when due and pay abla, all taxes, assessments and other charges t6at may be levied I or assessed against said property, and all jud~nents and all other aznounts that may be or become a liea thereon. ~ 4. First party will keep in good order and oondition, prescrve, and repair, rebuild and restore all terraces, buildings, goves, orchards, fenoes, fixtures, shrubbery and other improvements, of every kind and nature, now ? on said land and hereafter erected or placed thereon tLat may be destroyed or damaged by fire, wu?dsMrm or ~ otherwise, and will not permit the change, injury or removal thereof, will not cocnmit or permit waste on said i land, and will not, except with the written consent of sec:ond party, cut, use or reaave, or permit the cutting, use ~ or removal of, any timber or trees on said land for sawmill, turpentine or other uses or purposes, exoept for fire- wood and other ardinary farm purposes. First pazty wIll also preserve and keep in good arder and oonclition all 'f trees and timber now and hereafter growing upon the said property, and will at all times protect the trees and I timber against loss or damage by fire, all to the satisfaction of the seoond party. ~ 5. First party will at aU times praperly fertilize, cultivate, care for, and maintain in a productive condition all the grove and orchard trces naw on said prvperty or beireafter planted thereoa, and will protect the ~rw?es and PA6'f . . v _ ~ ~ - r ~~a - , ~ . . y... ~.f _m.. ~ '