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Home My WebLink About0430 ' ~ ~ i ~ TO t1AVE ANU TO HOLD, the said prupcrty, tugcther K~ith aU and singular the rights, ~ucn~bers, hcreditaments, and ~ppurtenan~es thereuntu bclonging ur in any wix a{~Exrtai~~ing, untu ~rond party, its surressurs and assigns, in fee simple torever; ~nd first party herehy bin~s hinuelf (itsclt~, his (itsl hcirs, exerutors, administrawrs, successors aud ~ssigns, to ~ warraut and furevtr dePend said prupeuy unto serund ~~;~rt~, its suc.;essurs and ass~gns, fram ~nd against first parly, the heirs, ~ < ~xeruturs. adininistraturs, suc~cssurs :~nd rssigns e?f tirst party and ~II other perwns whomsuever lawfully clainiing ar to rlaim i i tlie ~nk ur sny part lherrof. ~ ~ PROVIUED ALH'AYS, AiEVERTHELFSS, ;+nd it is the true intent and meaning uf the parties to these presents, that ~ 4 ii tirst part~~ shall pay, ur ~ause tu be p:?id, unto secund party, its successurs or aui~is the tutal indebted~ess secured hereby, ~ 4 whether evidenced by nute tirst abuve dcscrihed, futurc ad~:~nce nutes, or othcrwise, with interest there~n as aforesaid, and ~ ~ shrll E~rCurm all ternu, runditions, and cuven~nts a~cording tu the true intent uf said nute, any other instrument hereinafter ' referred io, and this nwrtg:~ge and any udier instrume~it securing note first above described or other instrument evidencing ~ indebtedness af Crst party tu secund party~, and cumply with all the provisions of the Federal Farn~ Loan Act and all ~ amendnzents thereto. :~nd with the r~gulations issued ~nd that n~ay be issued by the Farm CreJit Administratiun, all of w~hich ~ are her~by iiiade a part hereuf, then this mortgage ~tiall ccase, deternune, and be utterly null and void; utherwise it stiall ~ remain in full furce and effect. ~ FOR THE CONSIDERr1T10N AFORESAID, tirst party~ ru~enants as follows: ! . 1 I. First party is lawfully seized of said pruperty in fee simple and has a perfect right to convey same; there are no ; ~ncumbr~nres ur liens whatsoever on s;~id pruperty ex~ept this nwrtgage. ; TF?is ~~wrtgage shxll also secure any future advances made by second party. at its option, to fust puty, or one or ' nwre ur all uf them, as n~ay be made during the time authorited by law lor such aJvance, PROVIDED THAT THE ° ~taxl~fU1~1 AtitOI~NT SECURED HEREBY SHALL NOT AT ANY ONE T1ME EXCEED THE PRINCIPAL SU1~1 OF F ; S 171, 500, 00 , ptus interest thereon, and any disbursements made for the payment af taxes, levies or insurance on the ' pru{~ert~ co~~ered by the lien of this nwrtgage, with interest on surh disbursements. In the event of such advance, the amount II ! there~f shall be :~dded to the ~iwrt~ge debt. t 3. It is further widerstuod ~nd agreed by all parties hereto that the execution b}~ first party and the acceptance by se~ond part~ of any notes, renewal notes or other instrun~ents, or the agreement by second party to any reanwr~izations, ~ cxtensioiis, drf~rn~ents or other rearrangements as cuntemplated herein st~all not be construed ~s payment of any 'i ~ indebtedness hereb}~ secured, (w•hether or nut, amung uther changes in ternu, the interest rate ur rates remain the same ~j ~ and;or time f~?r p:~yment is thereby extended or lessened), and shall not discharge the lien of this m«rtgage which is to remain i~ ; in ful) (urre anJ effect until the total indebtedness secured hereby has been paid in full. All notes or other instruments ~ ' ~ontemplated here~n sl?all remain uncancetled and ~n ~wssession of second party.its suctessors and assigns, until the tutal ~ ; in~ebtedness hereby secured is paid in full. I 4 4. First party will insure and keep insurec3 as may be rcquired by secund party from time to time all groves and or~hards nuw un said property or that may hereafter be thereun against bu or damage by tue, windstorm, hail, frost, freete. ~ and'ur uth~r wsualty, an~ all buildings nuw on said pro~rty, and all buildings which may hereafter be erected thereon, t ~ agamst loss ar damage b}~ fire, hail, w~ndstorm. andfor other casualty, in such forni, such an~ounts, and in such company or I~ ~ companies as shall be satisfactory to second party, the loss, if any, to be payable to second party as its intecest may appear at = the time of the loss. First party will deliver to second party the po(icy or policies of insurance with n~ortgagee clause attached f ~ theret~~ satisfa~tory to secund party, and will promptly pay~ when due all premiums for such insurance. lf any grove or - ~ orrhard shal! be destroyed ur damaged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received ~n I~ ~ settlement of the loss 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 arooerty so ins,ired shall be ~j = destroyed or damaged, the anwunt received in settlement of the loss or damage may be applied at the option of first party to ! ; the recunstruction or repair of the buildings so destroyed or damaged, subject to the regulations issued or that may be issued under the Federal Farm Loan Act or acts an~endator}• thereof or supplemental thereto; and any portion of the proceeds not ~k ~ w used shall be apptied un the debt hereby secured in such manner as second party, in its sole discretiun, may determine. S. First party will pay, when due and pa~•able. all taxes, assessments and other charges that may be levied or = assessed against said property, and all }adgments and atl other amounts that may be ~r become a lien thereon. fl 6. First party will keep in guod order and condition, preserve, and tepait, rebuild and restore all terraces, buildings, ! groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said l:u~d and hereaCter erected or placed therevn that ma}' be desteayed or damaged by fire, windstorm or otherwise, and witl not permit the change, injury ur renx~val thereof, will nut conunit or permit waste on said land, and will not, except with the written y~ consent of second party, cut, use or renx~ve, or pernut the cutting, use or removal of, any timber or trees on said land for t s:iwmill, turpentine or other uses or purpuses, excePt for firewooci 3nd other ordinary farm purpuses. First party will also ~ pre~rve and keep in g«cxi order and condition ail trees and timber now and hereafter growiug upon the said property, and `I w ill at ~R dmes protect the trees and timber ay.ainst loss or damage by fire, all to the satisfaction of the second party. _ 7. First party will at all times properly fertilize, cultivate, rare for, and maintain in a productive condition all the j gruve and urrhard trees now on sa?d property or hereafter planted thereon, and will protect the groves and otchards against I loss or damage by fire by making and maintaining proper firebreaks on and ar~~und said property, and by keeping ~ undergruw~th cut, to the satisfaction of second part}~. First party w~U not tup-work the gruve ur orchard trees without first - ubta~ning the writ ten consent of seccmd part~ . Se~und party ?s hereby authorized and empowered to have appraisals oC said ~fI = pn~perh n?~de by a L:ind t3ank appraiser, or by c~thers, at such times as second party, m its sole discretian, may desire. Ti~e ii c~~st ~~f such appraisals shall be Paid by first party immediately upcm presenta[ion of an itemiced statement thereof and shall be serured h~ this instrument. , ~ ~ - K. Tink is uf the esscriie of abovc recited n~~te, this instrument and of any other instrument evidencing _ ~n~eh~rdness serured hereby. If first E~art~ f:rr~s tr~ comply with sny cuvenant, ~ond~tiun or agreement in this instrument, or in ; _ s:~id n~~te, ur in any reanwrtitatiun, renewal, defernnnt, exte~iswn agreement or other instrument ev~dencing any ~y ~ in~iebte~lness serured hereb~ , ie~und party n?:iy, at ~ts uphon, exerc~se an}• une ur more o( ttie folluwing rights, powecs, ' pr~~dre~c and remeJies: f ~ ia1 Pcrfurm any une ur nx~re uf the ~~~venants of First party in this ~nstrument, in abave recited note, ur ~n any „ther insr.::c~~.-,: .::uc~ring am ~ndehtedn~ss x~ured liereby .~nJ all sums advanced by secund party m du~ng so i = siiaU b~ due and pay~ble b~~ tirst part} to se«md narty immeJi~tel}~ without nut~ce. and shall be securcd by ttus f? ~nstrunknt. ~nd sliaU t?ear interest fmm the 1~3I~ l~~ ~lJ~'3I1Cf tl) scci,nd part} at the highest rate pnn~ded in an~• note ,rr uther uistruisicnc secured hcrcb~. ~ Ihl (~~larc all am~~unts serured b} this instrument ~nuned~ately due and payable wittze~w nut~~e. I 1:1 Pruieed imi~iedi~trly tu furecluse fIi15 ?l~~flC:f~~. :lll~ (tUfSUt surh uther (C171C(Ill`SJS Ill:l}` hf 3UtIlu~ILC(~ b}' I3W. k ~ a As furthcr se~unt} fur the paynkrit of the nute hrrein descnhed and any oti~er ~nstru~ ~ent evidenc~ng in~i~hte~iness secured hrreM an~f fur the performance uf all the tenns, amditiuns, and ~ovensnts vf said note, said uther ' ~nstnu~knts and uf th~s m~rtg~ge. first party hereh~ transfers, assigns, and sets ~~ver~ to secund rarty all of the crops u~wn or J - U~Rr~JV Fh~E '2~ i s=_= . . . . _ . . . . .s . . . . ' ; 'S