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Home My WebLink About1762 i ; _ - - - - - _ ~ _ - _ _ _ _ - _ - - - - - - - ; ; ~ ~ ; TO HAVE AND TO t10LU, thc said propcrty, logcthc~ with all and singu:ar thc rights, members, hereditaments, and ~ rppurtenances thereunto belunging or in any wisc appertaining, unto second patty. its suc~es~ors and assigns, in fee simple furever, and ~rst party hereby binds hinuelf (itsel~, his (its) heirs. executors, adn~inistrators. successors and assigns, to ~ warrant and furever defend said propert~~ unto second party, its successors and assigns, from and against ~rst parry. the heirs, exeruturs, :~dministrators, successurs and assigns uf lirst party and ~11 other persons whomsoever lawfully claiming or to claim the same ur any part thereof. ~ PROVIDED ALWAl'S, NEVERTHEI.ESS, and it is the true mtent :?nd meaning of the parties to these presents, that ~ it' first party sl~all pay, or cause to be paid, unto second party. its successors or assigns the total indebtedness secured hereby, whetlier evidenced by nute ~rst above described, future advance notes, or otherwise, with interest thereon as aforesaid. and ( sh311 peri~urm all tcrnu, ronditions, anJ cuvenants arrording t~~ the truc intent of said nute, any other instrument hereina(ter I referrcd to, and this nwrtgagc and any other instrument se~uring natc first above described or other instrument evidenzing indebtedness of tirst party tu second party, and cumply with all the provisions of the Federal Farm Loan Act and all ~ amendn~ents thereto, and w7th the regulations issued and that may be issued by the Farm Credit Administration, all of which ~ are hercby made a part hereo`. then this mortgage shall cease, deternunc, and be utterly null and void; otherwise it shali ~ remain in full force and effect. ~ f FOR THE CONSIUEItATIUN AFORESAID, first party covenants as follows: I 1. First part~~ is lawfully seized of said property in fee simple and has a pe~fect right to convey same; there are nu ~ encumbrances ur liens whatsoever on said property except this mortgage. j This rnortgage shall also secure any future advances made by second party, at its uption, to fust party, or one or nwre or all of them, as may be made during the time authorized by law for such adrance, PROViDED THAT THE b1AXIh1UM AMOUNT SECURED HEREBY SNALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUM OF I; S 47 , 000. 00 , plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the ; pr~perty covered by the lie~i of ti?is mortgage, with interest on such disbursements. In the event of such advance, the amount : thereof shall be added to the mortgage debt. ' 3. lt is further understood and agreed by all parties heretu that the execution by first party and the acceptance by ~ second party of any notes, renewal notes or other instrun~ents, or the agreement by second party to any reamortizations, j extensions, deferments or other rearrangements as cohtemplated herein shall not be construed as payment of any ! indebtedness hereby secured, (whether or not, among other changes in terms, the interest rate or rates remain the same I and~or time for payment is thereby extended or lessened), and shall not discharge the lien of this mortgage which is to remain ~ in full force and effect until the total indebtedness secured hereby has been paid in full. All notes or other instruments .;ontemplated herein sl~all remain uncancelled and in possession of second party.its successors and assigns. until the total ~ indebtedness hereby secured is paid in full. ~ 4. First Qarty witl insure and keep insured as may be required by second party from time to time all groves and ~ orct~ards nuw on said property or that may hereafter be thereon against loss or damage by fire, windstorm, i~ail, frost, freeze. and/or other ~:asualty, and all buil~lings now on said property, and all buildings which may hereafter be erected thereon, against loss or damage by fire, hail, windstorm, and/or other u-lsualty, in such form, such amounts, and in such company or ~ companies as shall be satisfactory to second party, the loss, it any, to be payable to seconJ party as its Fnterest may appear at the time of the loss. First party will deliver to seoond party the policy or policies of insurance with mortgagee clause attached ~ thereto satisfactory to second party, and will promptly pay when due all premiums for such insurance. If any g~ove or orchard shall be destroyed or damaged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received in settlement of the toss or damage may be applied at the option of second party on such part of the indebtedness secured by this instrument as second party may in its sole discretion determine. If any building on said property so insured shall be destroyed or damaged, the amount received in settlement of the loss or damage may be apptied at the option of fust party to the recanstruction or repair of the buildings so destroyed or damaged, subject tc the regulations issued or that may be issued I ~ under the Federal Farm Loan Act or acts amendatory thereof or supplemental thereto; and any portion of the proceeds not l so used shal! be applied on the debt hereby secured in such manner as second party, in its sole discretion, may determine. ; 5. First party will pay, when due and payable, all taxes, assessments and other charges that may be levied or ~ c assessed against said property, and all judgrnents and all other amounts that may be or become a lien thereon. g 6. First party witl keep in good order and condition, preserve, and repair, rebuild and restore all terraces, buildings, ~ ~roves, orchards. fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or otherwise, and will not permit ' tt~e change, injury or removal thereof, will not commit or permit waste on said land, and will not. except with the written consent of second party, cut, use or remove, or permit the cutting, use or removal of, any timber or trees on raid land for sawmill, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes. First party will also preserve and keep in good order and condition all trees and timber now and hereafter growing upon the said property, and will at all times protect the trees and timber against loss or damage by fire, all to the satisfaction of the second parry. i . First party wip at all times properly fertilizz, cultivate, care for, and maintain in a productive condition all the gruve and orchard trees now on said property or hereafter planted thereon, and will protect the groves and orehards against loss or damage by fire by making and maintaining proper firebreaks on and around said property, and by keeping undergrowth cut, to the satisfaction oC second party. First party will not top-work the grove or orchard trees without first ~ obtaining the wTitten consent of second party. Second party is hereby authorized and empowered to have appraisals of said ~ propertY made by a Land Kank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The ( ~ cost of such appraisals shall be paid by first party immediately upon presentation of an itemited staternent thereof and shall ~ be secured by this instrument. ~ ~ 8.~Tin~e is of the essence of above recited note, this instrument and ~t any other instrument evidencing i inuebtedness secured hereby. If first party fails to comply with any covenant, condition or agreement in this instrument, or in ~ said note, or in any reamortization, renewal, deferment, extension agreement or ather instrument evidencing any ' ; indebted~:ess secured hereby, second party n~ay, at its option, exercise any one or more ot the fullowing rights, powers. I~ ~ pri~•ileges and retnedies: i ~ (a? Perform any one or more of the covenants uf first party in this instrument, in above recited note, or in any ~ ~ other instrumeni eviden:ing any indebtedness secured hereby, and all sums advanced by second parry in doing so ~ shall be due and payable by first party to secund party ~mmediately without notice, and si~aU be secured by this mitrument, and shall bear interest from the Jate uf advrnce by second party at the higliest rate provided in any note ~ or othcr instrurnent securcd hereby. ~ _ i Y: (b) [kclare all amounts secured by this instrument immediately due~nd payable without notice. ~ ~ Proceed imrnediately t~~ foreclose this murtgage, and pursue such ather remedies as ma} be authorized by~ law. ~ ~ I ~ As further secunty for the payment of ihe note herein described and any other instrwnent evidencing ~ ~ndebtedness xcured hereby and for the performance of alt the ternu, conditiuns, and covenants of sa~d note, said uther ~ ~nstrunxnts and uf this rnurtgage, first party hereby transfers, assigns. and sets uver to secund ~rarty dll uf the crops x~wn or ~ ~187 P~17~ i ~ _ _ _ _ _ . _ . - _t - - - - _ - - - ~ ~ ~ ~ ~1 . . . _ . 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