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HomeMy WebLinkAbout0181 ~ ~ j . ' ~ ~ ~ 5~ • ~I ` • " ~ _ l ~ , i ~ ~I ~ 1'O HAVE AND TO HOLD, the said pro~erty. together'with all and singulaz the rI&hts, members, htxedi- caments, and appurtenances thereunto belonging or in any wise appertaining, unto second party, its suooessora I and assigns, in tee simgle forever; and fi~ party h~reby binds himself ( itself his ( its ) heirs, executors, admin ~ istrators, succcuors and assigns, to warrant and forevec defes~d said propetty unto seoond party, its sucoessoTa ~ and assigns, from and agamst firstparty , tbe heirs, executors, administrators, sucoessors and assigns of first party and all other persons whomscever l~~wfully daiming or to claim the same or any pazt thetevf. ~i PROVIDED ALWAYS, NE~ERTHELESS, and it is the true intent and meaning of the parties to these ( presents, that if first party shall pay, or cause to be paid, unto second party, its sucoessors or assigns, said debt ac ! sum of money, with interest thereon as aforesaid, and shall p~form all terms, oonditions, and coves~ants acoorc~ ing ta the true intent of said note and this mortgage and any other instrument sec.vring said no6~ and oo~P1Y j with all the provisions of ihe Federal Farm I~ou~ Act and all ameadme9nts thereb~, and with tbe regulatians ~ ~ issued and that may be issued by the Farm Credit Administration, all of which .are hereby made apart hereof, E I th~ this mortgage shall cease, dsterminey and be ntterl~r null and void; otherwise it shall remain in fiill fot~e and ~ effect' _ ! : FOR THE CONSIDERATION AFORESAID, first party oovenants as-follows: ~ ` 1. First party is lawfully seized of said property in fee simple and has a perfed right to oonvey sam~ there 4 are no encumbrances ar liens whatsoe~ver on said property e:cept this mortgage. 2. First party will insure and keep insured as ma be required seoondpa~y from tima to time sII. groves and orchards now oa said property or that may L iesfter be there~c,n $gaus.ct Iass -ar damage~y, fir~ wind- i storm, hail, frost, freeze, aad?or other casualty, and all buildings now on said property, and aU bui~dings which may hereafter be erected thereon, against loss or damage by fire, hail, windstorm, and/or other casualty, in such form, such amounts, and in such oompany or oompanies, as shall be satisfactory to seoond party. the loss, if any, to be payable to seoond party as its interest may appear at the time of the loss. First party will deliver to ~ second party the policy or policies of insuranoa with mortgagee dause attached th~eto satisfactory to seoand i party, and will prompdy pay when due all premiums for such insurance. If any grove or orchard ahall be de- I stroyed or damaged liy fire, windstorm, i?~it, frost, freeze, andlor other casualty, the amount reoe~ved in settle- i~ meot of the loas or damage may be applied at the option of seoond party on suchpart of the indebtedness I secured by this instrument as seoond party may in its sole discretion deterrnine. If any building on said property I so insured shall be destmyed or damaged, the amount reoeivad in settlement af the loss or damage may be ap- plied at the opti~ of first party to the reoonstruction or repair of the buildings so destroyed or damaged, sub- i ject to the regulations issued or that may be issued under the Federai Farm I.oan Act or acts amendatory i thereof or supplemental thereto; and any portion of the prooeeds not so used shall be applied on the debt hereby secured in such manner as second party, in its sole discretion, may detenmine. ~ 3. First pazty will pay, when due and pa~able, all taxes, assessments and other charges that may be levied or ass~d against said property, and all jud~nents and all oth~~ amounts that may be or becOme a lien thereon. ~ 4. First pazty wiUk~p in good order and oondition, preserve, and repair, rebuild and restore aIl teaaces, ~ buildings. BTOVes, orchards, fenoe6, fiahues, shrubbery and other improvements, of every Idnd and nature, now o~i said land and hereafter ereded or placed ~ that may be destro~ yed or damaged by fire, windstarm or ~ otherwise, and will not pemuit the change, injury or removal thereof, will not cvmmit or penYUt waste on said - land, and will not, except with the written co~t of second party, cut, use or remove, or pe~it the cutting, use or removal of, any timber or trees on said Iand for sawmill, turpentine or other uses or purjwses, except for fiare- wood and other ordinary farm purposes. First party will also preserve aad keep fn good order and oondition aIl trees and timber now and hereafter growing upoa the said property, and will at a11 times protect the trees and timber aga~nst loss or damage by fires all to the satisfaction of the seoond party. • 5. First party will at all times properly fertilize, cultivate, care for, and maintain in a productive condihon all the grove and orchlyd trees naw on said propertyr or bereafter planted thereo~, and will protect the groves and . 8001I PASf . _ . ~.~~y, _ _,.a.- . - - - - - ~ ~ ~ _ . _ - ~