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Home My WebLink About1140 i ~ I i ~ i ~ ' i TO HAVE A.ND TO HOLD, the s~id property. together with all ~nd singular the rights, members, hereditamenti. and ~ ~PP~te~anas thenunto bclonging or in any wise appertaini , unto ~econd puty, its :ucoet~ors and assigns, ia fee simpk fonv~er; md tint puty hereby biads hirr~seU (itsalt), h~s (iu~ heirs. executon, administnton, . wcoe~n and a~iga:. to wanant and faev~er de[end said propecty unto ~econd puty, its sucoeuoa and assig~s. from and ag~tinst Rrri puty, the heirs. . I executon, administratort, wcassors ind auigns of fir:t puty and all other peraons whornsoever lawfully cWming or to claim the sarne or any put thenof. , - ~ PROVIDED ALWAYS, NEVERTHELESS, aad it ~ the true intent and moaning of the partia to these praents, that . i if fust party st?all pay, or ause ta be pzid, unto scoond party, its wccessors or smgc~s the total indebtednes3 ~ecured hereby, whether evidenced by note fust abov~e descnibed, future ~dvana aotes. or otherwise, with intenn thenon as afores;id, and shall perform all terms. oonditiora, and cov~enants according to the true intent of said note, any other in:trument heninafter - referred to, and tiiis mortgnge and any other inatrument aecwing note fLst abov~e descabed or othet instrument evidencu~g indebtednass of Pust party to seoond puty, and oomply with all the provision: of the Federa! Fum Loan Act and all j~ amendments thereto, and with the regulations issued and that may be issued by tlie Fum Credit Administratioa, a!1 of which ~I are hereby made a part henof, then thi: mortg,~ge ~hall oease, determine, and be utterly null and void; otherwisa it shaU + ~emain in full force aad effect. l FOR ~ CONSIDERATION AFORBSAID, fitst patty oov~enu~u st follows: ' 1. Firat puty is law[ully ~eiud of ~id ProP~nY ia fee :impk aad hu a pedect right to eonv~ey ume; then are no ~ j encumbranas or liens whatsoev~er on siid property exapt this mortg,sge. 2. This mortgage shall also secure my futun adranoa made by ~econd party, at its option, to firstputy, or oae or more or aU of them, as mty~e msde during the time authorized by law for wch advaaoe, PROVIDLD THAT 'T~ MAXIMUM AMOUNT ~BCURH~ HBREBY SHALL~ NOT AT ANY ONE TIMB EXCBED Ti~ PRINCIPAL SUTA OF ~ S 66,000.00 , plus iaterest thereoa, and any disbur~ements mide f~ tha payment of taxes, {evies or inwcanoe on tl~e ~ property coveicd by the lian of thi: mortgsge, with iaterest on wch disbunemeats. In the event of wd? advaace, the amouat ~ i thereof shall be added tc the mortgage debt. i 3. It is further undentood aad agrad by all puties~hento that the execution by fust puty aad the acaptana by second puty of any notes, r~newal notes or other iasiruments, or the agrament by seooad puty to aay reunortiutions, extensio~, defarments or other raanan~ements ss contemplated }~rein thall not be oontwed ~ pyment of any C indebtedness hereby :ecured, (whether or not, amuag other cban~es in tern~s, the intenri nte or ntea remain the s~me aad/or time foc psyment is thenby extended or ksnned). and shall not disct~uge. the lien of thi: mortg~ge vvl~ich u t9 nm~in ,I in full fora and effect until the total indebtedness ~ec~ued henby hs,s been paid in full. All notes a other instrumenb oontemplated herein shaU nmiin uncancelled and ia possessioa of ~eoond puty,its wooesson md suig~, uat~7 the total indebtedness h~nby ~ecund is paid ia full. - 4. Firat puty ~rill inwre aad keep inwrad a~ may be roquired by ~eooad puty from time W time ~ll gcova and ~ ~i orchuds now on said property or that may hereafter be theroon ~t loss or dunase by fue, ~rind:torm, hail, frost, fr~e, and/or other c~udty, and all building~t now on said property, and all bnildit~ whid? msy herafter be atated tliereon. - ~ sgain~ loss or dumae by fire, hait, ~riad~orm, and/or ather a~swlty, in wch f~n, w~ unounq, aad in such oompmy or '1 oompan~es ~~all be ~ati:factory to xoond party. the loa, if my, to be psyabk to ~econd puty ~ its iaterest may sppear at f. the time of the loss. F'int puty will deliver to sooond party t6e poliry or policies of itwuanoe with mortpgee dsine attsched thento aati:factory ta~ ~eoond PutY. and w~l P~o~Pth+ WY wrhen due all ~emiuna fa such iraurana. U my grov~e or orchud ahatl be deamyed or dam~ged by fm, wind:torm, ha~7, fro~t. fteeu, and/or other cawalty, the amo~mt naeived ia ~j settlement of the loa or dumae m~y be appiied at the option of ~eoond party on suc~t part of the in~btednas ~ecuced by this instrument u~aoond puty msy in its ~ok discretion detamrine. If my bu~diua oa said pcoperty so in~ued shall be ;4 datroyed or dams~d. the amouat naived ia ~attlement of tire ba ot dam~ge msy be applied at tlre option af first party to ' ;f the nx~onnruction ot cepir of t6e bu~7din~ ~o destmyed or da~mged, subject to tha ngWati~s isa~ed or th~t may be iswed ~ I? under tt~e Federal Fum I.oau Act or ads uneaditory t6areof or suppbmeata! tbento; and any patiai of the prooeed: not ~ m used shall be applied oa tbe debt bereby secured in wch m~nner u ~eoond party, in its ~ok di~ntion, may determine. S. First P~Y ~ P~Y. when dut and PaYable. ali taxa, as~esaaenu uid other char~a that may be kvied a auesseda~un:t ~aid property, md all judgmenu and all otl~er amouna that ,my be ~ beoome s tien tliareon. b. F'ust puty wiil kap in good order and oondition, praerve, aad nQair, nbuiW aad reston all tarraoes. bw7ding~. !j groves, ordw~. , fences, fixture:, ~rubbery and othec iuq~rovemenb, of av~ery lciad and r?ature, aow ~r said Imd and ~ hereafter aected or plaad thereon that nny be destroyed or dams~ed by fin, windttam or otherwise, and w?~i aot per~t the chau~e, injury or removal thereof, will aot oommit a permit wa:te ~~aid laud, wd ~rill not, exoept with ths writtea ooa~ent of ~eoond party, cut, use or remoMe, or permit tUe cuttioa, use or removal of. my timber or Uea oa s~id laud for sawmiU, turpentine or other u~es or purposa~ except for tirewood aad otlur ordinuy fum purpwe:. First party ~n71 al~o pceserv~e and keep in good order aad condition all tras md timber no~v and f?ereafter ~rorving upon the ~aid property, and ' will at all times protect the Uea and timber ag,ain:t loss or damage by fire, all to the ~thfaction of the seoond pRrty. 7. First party will at all time: ProP~~Y fertiliu, cuitivate, an foc, and maintaia in a productive oonditioa ap the i~ ~ grove and orchud tras now on said property or herafter planted thenon, and will protect the grova aud orcbuds ag~in:t !j los~ or damaae by fue by making and maintaining proper llnbcwlcs on ud uound ~aid propMy, md .by keepiua. ;j undergrowth cut, to tLe satisfaction of seoond puty. First party will not top-work tha gcoMe or orchud trea without fust obtaining the vrritten oonseat of seoond puty. Seooad party is henby authorized sad empo~rered to luMe appraisals of said property made by a Land Bank appra~er, or by othen, at such tima u ~econd puty, in its suk disaetion. may desir~. The li oost of such apprai~ shall be paid by fir:t party immediately upon presentation of m itemiud statement thereof and shall be secured by this instrument. 8. Time ~ of the essence of above reated note~ thi:.insvurnent and of any ot6er in:trument evidencins ~j indebtedness ~ecured hereby. If first party fa7: to 00 ly with any oorenant, oondition or agreement ia tl~n instr~ment, or in ~ said note, or in any reamortization, renewal, de erment, extension agreement or other instrwnent evidencing any indebtedneu aecund hereby, xoond party may, at its option. exercise aay _ one or more of the following rights, powen, ~i privileges and remedies: . ~ ~ (a) Perform any one or more of the oovenant: of fint party in this instrument, in above recited note, or in any ' other instrument evidencing any indebtedness'ecured hereby, and all wms advanced by seoond puty in doing so shall be due snd payable by firstput y to seoond Party immediately without notioe, and shall be ~ecured by thii instrument, and shall beu interest from the date of advana by seoond puty at the highest nte provided in any note or other instrument secured hereby. ' (b) Declue all amounts secured by this instrument immediately due and payabie without ~otice. (c) Proceed immediately to foreclose this mortgage, and pwwe wch other remedies u may be suthoriud by law. 9. As further ~curity for the payment of the note herein described and any other instrurnent evidencinE ~j indebtedneu secured here6y and fot the pedormana of all iht terms, condit'ans, and oovenants of iaid note, said oth~r instrument: and ot this mortgage, fu~ puty hereby trm:fers. assigns. and seb ov+er to ~econd patty aD d the crops sown or ~ ~f a ~ 4 _ . ~ ~ _ b~~~~~ ~ ~ _ . . . ~