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Home My WebLink About0492 i , ; TO HAVE AND TO HOLD, the said prapcrty, together with ail ;~nd singular thc rig!?ts, members. hereditaments, and ~ppurtcn;~n~~s thereuntu belonging or in any w~se apEnrtaining, untu secund party, its successurs and assigns, in fee simple i.~rcver; and first party hereby binJs hinnelf (itselil, his (its) heirs, e~ecut~~rs, administrators, succeswrs and assigns, to ! w~arraut :~nd fureve~ defend s:iiJ property untu scrund yarty, its wc~~ssurs and assigns, t~ron~ ~nd a~;?inst first party, the heirs, ! exe.uwrs, ~dministraturs, successurs and ~ssigns uf tirst party and :~II uther Enrwns w~humwevec lawtully claiming or to claim ~ ~ thc saiue ur rn) part IhCreof. ~ PRUVIUED AL1A~'AYS, NEVERTNEL.ESS, and it is the truc intent and mesning uf the partirs to these presents. that I~ ii~ lirst party shell pay, or cause to be E~aid, unto serond party, its successors or assigns the tutal indebtedness secured hereb~•. ~ whrther cvidenced by note tirst abu~~e described, future adti3nc~ notes, or utherwise, with interest thereun as afaresaid, and i shall perfunu all ternu, ~unditions, and ~uvenants :~c~~rding tu the true intent of said nute, any other instrument hereinatter ! rei~rred to, and tliis mortgage and any other instrun~ent securing note tirst above described ot other instrument e~idencing ; ;n~i~btedncss uf tirst F~rty tu second party. and cor.:~.!; ::~e!h all the provisions uf the Federal Farn~ I.oan Act and all ; amet~dnxnts theretu, :~nd w~ith the r~~ul:~tions issueci and thet u?ay be issued by the Farm Credit Administration, al! of H~hich ~ ~rc h~rcb~~ made a part hrreof, then th~s mort~ge sh:ill ce3se, deternune, ~nd be utterly null and void; otherw~ise it shall r~~nain in fu0 force and effect. ! l~ , FOR THE CONSIDEItAT10N AFORESAlU, ~rst party cu~enants as follows: I. First party is lawfull}• seized ui said property in fee simpie and has a perfect right to coiive}• same; ttiere are nu ~I ~n~umbran~~s or liens w~hatsoever on said proF*erty except this nwrtgage. c ' This mortgage shall also secure any future advances made by secund party, at itc oution, to tirst party, or one ur i~ mure or alt uC them, as may be made during the tin~ authorited by law for such advance, PROVIDED THAT THE ~tAXR1U~i A~tOt`:~T SECl1RED HEREBY SHALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUM OF S2 , 604 ,~00. 00 , plus interest ihereun, and any disbursements made for the payment oC taxes, levies or insurance on the I; pruperty corered by the lien of this mortgage, with interest on such disbursements. !n the event of such advance, the amount ~ ~h~reof shall be added to the nxxtgage debt. C` 3. it is further understood and ag?eed b}~ atl parties heretu that the execution by first party and the acceptance by _ x:~md perty of any notes, renewai notes or other instruments, or the agreement by se~~ond patty to any reamortizatiuns, ~xtensiuns, deferments or other rearrangements as contemplated herein shall not be construed as payment of any f ; indebtedness hereby secured, (whether or nut. anwng other changes in ternu, the interest rate or rates remain the same ~ and,'ur tiiuc for payment is thereby extended or lessened), and shall not discharge the lien of this mortgage ~hich is to remain ; ~n full force and effect until tt~e total indzbtedness secured hereby~ has been paid in full. Atl notes or uther instruments ~urtemplated herein sliall remain uncancelled and in Ewssession ot second party.its succeswrs and assigns, untii the total i; ~ndebtednrss hereby secured is paid in full. 4. First party will insure and keep insured ~s may be reyuired by second party from time to time all graves and I; or~hards nuw un sa~d pruperty or that n~ay hereafter be thereon against loss or damage by fire, windsturm, hail, frost, freeze, E and;or other ~;:~sualty, and all buildings now on said property, and atl buildings v,~hjch may hereafter be erected thereon, ~ against loss or damage by fire, hail, H~ndstorm, and~or other casualty, in such form, such amounts, and in such company or i; cumpanies as si?all be satisfa~toty to second party. the ?oss. if any, to be payable to second party as its interest may appear at ' the ~irne of the loss. First party will deliver to second party the policy or policies of insurance with mortgagee clause attached ~ theretu satisfactury to second party, and wili ptomptly pay when due al! premiums for such insurance. (f any grave or s ~ urcl~ard shall be destroyed ur damaged by fire, windstorm, hail, frost, freeze, andJor other casualty, the dmount received in I~ t ~ settlement of the loss or damage may be applied at the option of second party on such part of the indebtedness securcd by G this instrument as second parry may in its sole discretion detenvne. If any building on said property so insured ahall be ti = destro~•ed or danuged, the arrx~unt received in settlemen: 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 Luan Act or acts amendatoty thereof or wpplemental thereto; and any portion of the pra.~eeds not f: ~ so used shall be applied on the debt hereby secured in such manner as second party. in its sole ~iiscretion, may determine. ;j 5. F~rst party witl pay, when due and payable, all taxes, assessn~ents and other charges that may be levied or ~ assessed against said property, and all judgments and all other amounts that may be or become a lien therean. , 6. First party will keep in gocxl urder and condition, presetve, and repair, rebuild and restore all terraces, bu~dings, j ; gru~~es, urchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now• on said land and j tiereatter erected or placed thereon that may be destroyed or damaged by~ tire, windstorm or otherw-ise, and will not permit ! = tlie change, injury~ ~r renwval thereot, w•ill not conun~t or permit waste un sa~d land, and will not, except with the written ^ ~unsent second ~arty, ~ut, use or renwve, or pernut the cutting, use ur renx~val of, any timt?er or trees on said land fur ` ~ ~wm?I1, wrpentine or other uses ~~r purposes, exrept tor firewood and other ordinary t~arm purpuses. First party will also ; i. preser~•e and kecp in g~x~d order and conditiun all trees and timber now and hereafter gruw•ing u~n the said property, and ; ~ will at :~II t~mes prote~t the trees and timber against loss ur damage by tite, all to the sat~sfaction of the secand party. ? _ . First party well at all hmes prop~rly fertilize, rultivate. care for, and mainta~n ~n a productive condition all the ~ y gr.~~r anJ urchard trres nuw un sa~d property or hereafter planted thete~n, and will protect the groves and orchards against ~i luss or dau~age b~ ~irc b}~ mai:ing and ma~ntamin~ proper firebreaks on and around said property, and by keep~ng under~;r~~~th cut, t~~ the saUsfactiun uf secand party. Fitst party w~ill not top-work the grove or or.:hard trees wrthout first ~i ~`y' ~~htainin~ the wntten .unsent of second part}-. Secund }~art~ is hereby authorized and empowered tu have appraisals of said i~ E~r~~Exrt~ ~nade h~ a Land liank appra~ser, ~~r by uthers, ~t such times as secund party, ~n its wle d?scret~on. may des~re. The f - :~~st .~f such ~E~praisals ~tiall be paid by tirst part} inun~diately uEx~n presentatwn of ~n ~temiced statement thereoi and shall t hr x:ureJ b~ this instrumcnt_ `'r ~ . Tink is ~~f th~ rssen~e ~~1 abuve rec~ted n~~te, tli~s ~nstrument and ~~f an} ~~ther ~nstrumem e~~cirn~mg ~ u~.irhtcdn~s, sc:urc~f hereh~ . If tirst 4~arn fads t~, a~mpl}• w~th ;~m cuvenant. cuneiit?u~i or agreement in this instru?nent. ur ~n saiJ nut~. ur in am reanx,rtit~t?un, rrncwal. defernxnt. extensu~n agreement ~+r uther instrument ev~dcncing any ~:;"r in.i.htcsn~ss kcurrd herrb}. se~und patty iiw}, at ~ts upt~un. exerc~se any une ~~r n?ure uf the fuUuwing ngh;s. ~~wers. 1~ ~ ~~n~~ir,;rs ~n~l rcrncd~es . . (al P.rt~,rm a»~ une ur nx~te ~,f the cuvena~its .~f lust part} ~n th~s ~nstrumenl. m 3b~~ve recitrd nutc. or ?n aie~ i; ~,ti~~i inst~«nxnt evidenc~n?; an~ md~btednrss xrured hrreM. ~nd atl ~um.:~d~~nc~d by s~r~md p:~rty in ~uin¢ so .~iatl h~ du~ and payable by tint party t~~ secund part~ ?mmeJiatcly w~thc?u( n.~t~~e. and ~l~ail be se~urcd by th~s " - ~n.trunxnt. and shall txar intenst tn~m ?tic Jatc uf adt~n~r b~ sei~,nJ part~ at the hi~hest ~ate }~nwided ~n ~m nute - .~r ~,tlirr instruri~ nt x.urrd herrb~ . E = Ih1 I~rlare ell ~i~tiuunts x~ur~d h~ tius instrum~nt ut~nirJwtel~ Jue :~nd E~~ahle w~ttiuut nut~ce. - 1: 1 Pm.red ~r~i~n~•~ii:~trf~ t~~ f~a~~l~~se th~s IIiU(I~'3kc. 3i11J ~iIISUf SU~II uther rcmedies ~s may be auth~~nicd b~ lavr. - . i. ~1. ~U[[fti( k~U(1[~ (~~f Ii1C p3~ttlfli( ~t1 I}IC tlt~[C ~1cftifl l~~Sifl~(1 :I(lU am otiier UISItUt11~I1[ CY1l~Cllllfl~C ~ Itl~~zhlc'i~llc'~~ K'iUiC~ ~~~ft~\ d[I~ l~~f ftlC ~kf~U(II7JIli~ t~1 S~~ tj1C (tTi11S, i~H111111UtIS. JAtI ~tl~'t'nJll[S l)~ S:!!~ fll~~t. Shcl~ ltlfl[f j ms~nunriit< rn~i u( this iii~,rt~e~e. fuct ~•art~ hereh~ translers. r~s~Kn~. and sets uvcr t~~ sciund ~arty all uf the rn>ps wv~'n ~~t i I' : . _ - - - = _ _ F ~K rac~ - - ~