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Home My WebLink About0281 f~ , ~ . . ~ ~ ~ ~ , ~ i I ' TO HAVE ANU TO HOLD, the said property, together witi~ all and singular the rights, members, hereditaments, and ; appurtesiances thereunto belongu~g or in any wise appertaining, unto second party, its successors and assigns, in fee simple ! forever; and first party hereby binds hinuelf (itselt), his (its) heirs, executors, administratots, successors and assigns, to warrant and forever defend raid property unio second pa~ty. its successors and assigns. from and against first party. the heirs, ~ exccurors, adminisuators, successors and assigns of ~rst party and all other persons whorosoever lawfulty claiming or to ciaim j the same ur any part thereof. _ PROVIDED ALWAYS, NEYERTHELESS, and it is the true intent and meaning of the parties to these presents, that iC first par~~• shal! pay, or cause ta be paid, unto second party, its successors or assigns the total indebtedness secured hereby, v~rhether evidenced by note first abuMe described. future advance notes, or otherwise, with interest thereon as aforesaid, and shall perform all ternu, conditiuns. and cov~enants according to the true intent of raid note, any other instrument hereinafter referred to~ and this mortgage and any other instrument securing note first above described or other instrument evidencing indebtedness of first party to second party, and comply with all the provisions of the Federal Farm L.oan Act and all amendroents ihereto. and with the regulations iswed and thai may be issued by the Farm Credit Administration, all uf which , are hereby made a part hereof. then this mortgage shall cease, determine, and bt utterly null and v~oid; otherwise it shall I remain in fuU force and effect. ( 1 FOR THE CONSlDERATION AFORESAID, first party covenants as follows: ~ 1. Fiist party is lawfully seized of said property in fee simple and has a pertect right to c,~onvey samc; there are no ~ encumbrances or tiens whatsoev~r on said property excepi ihis mortgage. This mortgage shall also secure any future advances made by second party, at its option, to fust party, or one or more or all of them, as nray be made during the time authorized by law for such advance, PROVIDED THAT TI-~ MAXIA~UI?f AMOUNT SECURED I~REBY SHALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUl?f OF S--------- , plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the property covered by the lien of this mortgage, with interest on such disbursements. ln the event of such advana, the amount thereof shall be added to the mortgage debt. 3. It is further understood and agreed by aU puties hereto that the execution by first pariy and ihe acceptance by second party of any notes, renewal notes or other instrumenis, or the agreement by seoond party to any reamortizations. extensions, deferments or other rearrangements as contemplated herein shall not be construed as payment of any indebtedness hereby secured, (whether or not, among ~ther changes in ternu, the interest rate or rates remain the same and/or time for payment is thereby extended or lessened), and shall not discharge the lies of this mortgage tivhich is to remain in fall force and effect unti! the total indebtedness secured hereby has been paid in full. All notes or other inctruments ~ contemplated herein sl?all remain uncancelled and in possession of seoond party.its successors and assigns, unti! the total i~debtedness hereby secured is paid in full. 4. First party will insure and keep insured as may be required by second party from time to time all groves and ' orchards now on said property or that may hereafter be thereon against loss or damage by fue, windstorm, hail, frost, freeu, ; and/or other casualty, and all buildings now on said property, and all buildings which may hereafter be erected thereon, ~ against loss or damage by fue, hail, windstorm, and/or Qther casualty, in wch form, such amounts, and in such company or companies as st~ail be satisfactory to second party, the loas, if any, to be payable to second pazty as its interest may appear at the time oC the loss. Eirst 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, i[ any grove or ' ; orchard shall be destroyed or damaged b~~ fire, windstorm, hai1, frost, freeze, and/or other casualty, the amourit received in ~ settlement of the loss or damage rrray be applied at the option of second pariy on wch part of the indebtedness secured by ` this instrument as second party may in its sole discretion determit?e. If any building on said property so insured shall be destroyed or damaged, the amount received in settkment of the loss or damage may be applied at the option of first party to ` the reconstruction ot repair of the buitdings so destroyed or damaged, wbjeet to the regulations issued .or that may be iuued ~ under the Federal Farm Loan Act or acts amendatory thereof or supplemental thereto; and any portion of the prooeeds nat so used shall be applied on the debt hereby secured in such manner as seoond party, in its sole discretion, may determine. S. First party wi.ll pay, when due and payable, all taxes, assessments and other chargea that may be levied or assessed against said property, and all judgments and all oiher amounts ihat may be or become a lien ihereon. 6. Firri party will keep in good order and condition, preserve, and repair, rebuild and restore atl terraces, buildings, 1, goves, orchards, fences, fixtures, shrubbery an8 other improvements, of every kind and nature, now on raid land and hereafter erected or placed thereon that may be destroyed or damaged by fue, windstorm or otherwise, and will not permit ` the change, injury or removal ihereof. will not commit ot permit waste on said land, and will not, except with the written ( ' cunsent of second party, cut, use or remove, or permit the cutting, use or removal of, any timber or trees on said land for $ sawmill, turpentine or other uses or ur } p poses, except for Grewood and other ordinary farm purposes. First party wiil also ~ ' preserve and keep in good otder and condition a!1 trees and timber now and hereafter growing upon ihe 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 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 d~ereon, and will protect the groves and orchards against ; toss or damage by fire by making and maintaining proper fuebreaks on and around said property, and by keeping ? un~iergow~th cut, to the satisfaction of second party. First party will not top-work the grove or orchard trees without first f obtaining the written co~sent of seoond party. Second Qarty is hereby suthorized and empowered to hav+e appraisals of said i property made by a Land $ank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The cost of such appr~isals shall be paid by first party immediately upon presentation of an itemized statement thereof and shall be secured by this instrument. 8. Time is of the essence of above recited note, this instrument and of any other instrument evidencing ~ indebtedness secured hereby. If first party fails to comply with any covenant, condition or agreement in this instrument, or in said note, or in any reamortiaation, renewa], deferment, extension agreement or other instrument evidencing any indebtedness secured hereby, second party may, at its option, exercise any one or more of the following rights, powers, prir•ileges and remedies: ~ ! (a) Perform any one or. more of the covenants of first party in this instrument, ir~ above recited note, or in any other instrun~ent evidencing an~• indebtedness secured hereby, and all sums advanced by second party in doing so shall be due and payable by first party to second party immediately without notice, and shall be secured by this , instrun~ent, and shall bear interest trom the date ot ad+~nL-e by second party at the highest rate provided in any note or other instrument secured hereby. (b) Declare all anwunts secured by this instrument immediately due and payable without notice. (c) Proceed imntediately to foreclose this mortgage, and pursue such other remedies as may be authorized by iaw. ' 9. As further security for the payment of the note herein described and any other instrument evidencing indebtedness secured hereby and fvr the petformanee of all the ternu, conditions, and covenants of said note, said other ~ instruments and of this rrwrtgage, first party hereby tranafers, aufgns, and sets over to second party alI of the crops sown or goo~ ~ss ~ z~o t_ , ~ - ~ _ _ _ _ . _ _