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Home My WebLink About1231 I . r ~ ~ TO HAVE r~ND TO t10LD, tl~e ~id property, togctlier with all ~nd sir.~ular 1he rights, memhers, hereditaments, anJ ;~ppurten3nc~s thenuntu belonging ur in an~~ H~ix ap~x:rtaining. untu secund p:~rty, its suc~essurs anJ assigns, in tee simple furcver; and tirst party herehy binJs 1?inueli (itseltl, his (its) heirs, exzcutors, administrsto[s, surcessurs and ass6gns, to Narrai?t rnd iorever defend ~id proFxrty untu xconJ party, its successors ;~nd assigns, from and ~gainst iirst party, the heirs, ' ~xcruturs, J1I11111USIf:iW[S, SUl'l'~S~~IS 311(I ~f~S1~;IlS O~ (IfSI }~dll~' JI1J JII OII12( ~1lfSllpS K'I1O111Slk:Vf[ I3wfully claiming o~ i.> claim ~ the ~~uc or any~ part thereuf. ~ ~ ~ PROVIUED ALWAYS, NEVERTHELESS, and it is the true intent and me:~ning of the {~rties to thcse presents, that if first part~~ sl~all pay, or raus~ he p~~d, unto secrnd part~~, its succeswts or assigns tlie rotai indebtedness s~cured hereby, ~hett:er evidenced bp note first ~huve described, tuture ;~d~~nre notes, ur othcrwise, with interest thereon as aforesaid, ~nd sh~ll E~rfonn .~U terms, runditiuns, and cuvenants ~r~vrding tu thr truc intent af said note, any uther instrument hereinafter r~t~rred to, and this nwrtgage and any ~ther instrum~nt securing note tirst abave described or other instrument evidencing indebtedness of iirst party tu secund party. and c.nnply w~ith all the provisions uf the Federal Farm Loan Act and all ;?mendments therero, and H~ith the regulations issued and that ma~~ be issued by the Farm Credit Administratiun, all uf v?•hich ar~ hereb~ made a part hereuf, then this nio~tg~age shall cease, deternune, dnd be utterly null and void; otherHise it shall 'i ren~in in ful! force and eifect. i i" FOR THE CONSIDEItAT10N AFORESAIU, t?rst party covenants as folluw~c: 1. First party is lawfully seized of said property in fee simple xnd has a periect right to com•ey same; there are nu j ; en:umbr~nr~s or liens whatsoever un said property except this mortgage. ~ ; This mortgage shall also secure any future advances made by secund party. at its option, t~ fust partp, or une or ' nwre or all uf them, as may be made during the time authurized by law for such advance, PROVIDED THAT THE ` \tAX1~tU:11 A!1fOUNT SECURED HEREBY SHALL NOT AT r1NY ONE "I'1h1F EXCEED THE PR1NClPAL SU,i OF S 83,000.00 , plus interest thereon, and any disbursements made for the payment of taxes, lcvies or insurance on the prupert~~ covered by the lien of this mortgage, with interest on such disbursements. In the event of such advance, the amount tl~ere~~ s}iall be added to the nwrtgage debt. 3. It is funher understood and agreed by all parties hereto that the execution by tirst party and the acceptance by second party of :~ny nates, renewal notes or other instruments, or the agreement by second party to any reamorti7atiuns, y; extensions, defern~ents or other rearrangements as contemplated herein shall not be construed as payment of any ~ndebtedness 1?ereby secured, (whether or not, among other changes in ternu, the interest rate or rates remain the san~e f and; ur time fur payment is thereby extended or lessened), and shall not discharge the lien of this martgage Which is to remain in tul! force :~nd effect until the total indebtedness secured hereby has been paid in full. All notes or uther instruments conte!~~~~lated 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 party will insure and keep insured as may be required by secand party from time to time all groves and orchards now on said property or that may hereafter be thereon against loss or damage by fire, windstorm, hail, frost, Geeze, andJor other casualty, and all buildings now on said property, and all buildings which may hereafter be erected thereon, i against loss or damage by fire, hail. windstorm, and/or other casualty, in such form, such amounts, and in such company or i companies as sliall be satisfactory to second party, the loss, if any, to be payable to second party as its interest may appear at ~ ! tf~e time of the loss. First party will deGver to second party the policy or policies of insurance with mortgagee clause attached ~ ~ tt~ereto satisfactory to secund party, and will promptly pay when due all premiums for such insurance. If any grove or ~ orchard shall be destroyed or damaged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received in ~ settlement of the loss or damage may be applied at the option of second party on such part of the indebtedness secured bp = this instrument as second party may in its sole discretion determine. If any building on said prope.ty so insured shall be ~I ? destroyed or damaged, the amount received in settlement of the loss or damage may be applied at the option of Cust party to ~ { the reconstruction 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 amendatory thereof or supplemental thereto; and any port~on of the proceeds not ~ ~ ~ so used shall be appGed on the debt hereby secured in such manner as second party, in its sole discretion, may determine. ~ ; ~ 5_ First party wiU pay, when due and payable, all taxes, assessments and other charges that may be tevied or } assessed against said property, and all judgrnents and all other amounts that may be or become a lien thereon. ~ ~ ~ 6. First party will keep in good order and condition, preserve, and repair, rebuild and restore all terraces, buildings, 1 ; groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and ~ ~i hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or otherwise, and will not permit ~ the change, injury• or removal thereof, will not commit or permit waste on said land, and wili 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 said land for j ; ~ sawmili, 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 liereafter growing upon the said propeity, and ~ will at all times protect the trees and timber against loss or damage by fire, all to the satisfaction of the second party. ; 7. First party will at all times properly fertilize, cultivate, care for, and maintain in a productive condition all the ( ; ~ ~ grove and orchard trees now on said property or hereafter planted thereon, and will protect the groves and orchards against ~ loss or damage by fire by making and maintaining proper fuebreaks on and around said property, and by keeping , ~ " undergrowth cut, to the satisfaction of second party. First party will not top-work the grove or orchard trees without first ~ ~ = obtaining the written consent of second party. Second party is hereby authorized and empowered to have appraisals of said ~ property made by a Land F3ank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The i s cost of such appraisals shali be paid by first part~~ immediately upon presentation of an itemized statement thereof and shall ' f, be secured by this instrument. ~ : 8. Time is of ihe essence of above recited note, this instrument and of any other insirument evidencing ~ indebtedness secured hereby. If first party fails to comply with any covenant, condition or agreement in this instrument, or in ~ _ said nute, or in any reamort~zation, renewal, deferment, extension agreement ur other instrument evidencing any ~ indebtedness secured hereby, second party may, at its option, exercise any one or more of the following rights, powers, ( _ privileges and remedies: , (a) Perform an}~ une or more of the covenants of first party in this instrument, in abovr recited note, or in any y other instrument evidencing any indebtedness secured hereby, and all sums advanced by second party in doing so 1 sl~all be due and payable by first party to second party immediately without notice, and sliall be secured by this I instrwnent, an~~ sh~1! interest from the date of advance by second party at the highest rate provided in an}• note ~ ' c~r otl~er instrument secured hereby . ~ (b) Declare ail an~ounts secured by this instrument immediately due and payable without notice. ~ (r) f'roceed immediately to foreclose this mortgage, and pursue such other remedies as may be authorized by law. ~ y=;: 9. As further securiry for the payn~ent of the note hcrein dexribed and any other instrument evidencing i t~: indebtedness secured hereby and fur the performance o~ all the terms, conditions, and covenants of said note, said other ~ - instru~iients and of this mortgage, tirst party hereby transfers, assigns, and sets over to second ~rarty 311 of the crops sown or i ~=ryf g4~ 197 ~~~30 ~ : : ~ _ - - - - _ _ ~ ~ - ~ ~ . _ _