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HomeMy WebLinkAbout2936 MORTCAGOR DOFS FURTHI~R mort~gt~ tr~nafer. ect ever, auicn ei~d plcdRe unfn I?tortRagee all erop~ now FrowinR snd hereafter Rrown on the mortRaKed premisPa. hemby Riv~nR nn~i Rr~ntin~ unto btort~-eRce a lirst end prior licn th~~reo~. providcd, hoarever. thnt auch li~n ahall be and is hcn•hy madc rxnms~tp rubj~•ct nnd aubc?rdinnte to any ^n , l~cn or crop mortRaRe encumberin~ cro~~:~ whicA came into exi~tence prior to toml~~ur~ .sle N provided b'y this m~~?tgxRe. the provisions of clxuse l0 hen~.~f nothwithstwndin~. Any euch crap licn ar crop mort~n~,~c ahall not however. a lien prio~ to this mortl[nRe on so~? c~op comin~ into ~x~atenc~ cubscyuent to Raid forecb•;u~e aale. "Come into eai~ta~nce" anii "coming into exi~tence' shall, for lhe purpo~e of thi. mary;a~,-e. mean bloom in t~ie case ot cropa irom perenniAl plnntin~s and orehard9. and ~hall m~an plnntinQ in the ca~e of cr~~p+ from annunl or more itequent plant- ~n~. Nothin~,~ h~rein containe~l, however, ahnll o{?erate tn aubc?rdinate the licn of this mortf;age e?~ affecting trees or other pemnnial pls~ts but ahal! ~o operate as to the crops hnrveated ther~imm. TO NAVF AND TO NOLD the ~?bove grsnted and described premi.aes unto 111ortgagee~ its aucceasora and aasigns foreve~. Mort~a~or hereby covenanta thet I?fortgaR+or is indefcasibly scized of the blort~aRed Prcmises in fee sim~le; that riortRa~or is in actusl posseccion therc~c?f end hsa full powP? and lawful riy:ht to convey the same in fee aimple aa aforesnid; thut it shall be lav~tul for Mortgagee at all times to peaceably and quictly e~ter upon~ hold. occupy and enjo}• all of the ~1ortRaRed Premises• that the Mortea~ed Premises are free irom all incumbrunces except na afore- said; that AtortRaAor witl make sueh fnrther assurance to pro~•c Dlort~a~or's fce simple title as may be masonably rcquircd and that I1lortgaqor ~vill and shall lully vearrant and defe~d the title to the same unW alortgagee againat the laKful claims and demands of all persons whomscever. PROV/DED. AGii'AYS. and these prnsents are upon the cxpre~s condition that if ;I1ort~La~[or s!~all pay unto btortRaKec the sume of money as provided in the promissory note afomsaid 1nd any exten~ions or renewals thrreof and interest themon~ at the time and in the manner therein pro~idctl, whether in due ~ourse or umicr any covenants or atipu- lati~nc herein contained, and shall puy all other indebtedness or liabilities secured heret?y and shall well and ttuly keep. perform and comply with all :he covenant~s. a~mements and stipulations herein contained. then the estate hereby granted. bargained, so2d and conveyed shell tease and determine; otherwise these pre:ents shall be and temain in full fotce and efiect. And Mortgagor hereby jointly snd aeverally covenants snd agrees to and with Mortgagee as followa: 1. To pay all sums secured hereby when due. 2. To pay all taxes and assessments a! any time imposed. levied or asses:.ed on the !1lortqaged Premises or the indebtedne~s secured hereby, or the Mortgagee's interest in the mort~aged premises before - thcy become Jclinquent (an~! produce receipts therefor upon demand). and any claim. lien or incumbrance against the Dlortgaged Pmmiaes which may be or become prior to this mortgage. 3. If the Mortgaged Premises or any part thereof become embraced nithin the boundaries of sny irrigation, levec. draina~e or other imorovement district (except school or roadl and such district shall have power.to ~ssue bc+nda or other evidence of indebtedness requiring the levy and collection of taxes in payment thereof~ the note hemby secut+ed shalt at the option of the holder thereof, without notice, become due and payabie, notwithstanding anything contained in said note, or this mortgage~ or any law that may hereafter be enacted. 4. To keep the ~1lortgaged Premises other than land continuously insured against loss by fire and' such other hazards as may from time to t~me be requested by ~1ort~agee in companies and in amounts in each company as may be approved by and be accept~tble to DSortRagce; all insurance policies shaU contain the usual standard mortgagee clause making the loss pa~able. without contribution. to Diortgagee as its interest may appear. and shall be delivered promptly to and held by Dicrtgagre. 1`ot less than ten da} s in advance of the expiration of each policy. to deliver to ~iortgagee a mneveal thereof. together with receipt for the prnmium of such renewaL The proceeds of any anch insurance or any part thercof may be appiied by riortgasee at its option, rither tu the indebtedness hereby secnred or to the restoration or repair of the property damaged. b. That l~iortgagor (i) will not remove or demolish nor alter the desi~,rn or structural character of any building now or herea~ter etected upon the premises unless Diot~a~ee shall first consent thereto in writing; (ii) will muintain i the premi~es in Rood condition and mpair• (iii) will cumply veiti? all laws, ordinan~es, regulations. covenants and ; mstrictions affecting the premises, and w-ill not suffer or permit any violation thereof; ~vill furnish such information i rnspecting use snd operation of the prcmises as ~iortgagee may from time to time demand. - ; 6. That biartgegor (i) will not commit or suffer waste of the pmmises or impairment in any manner oi tha agricultural ~•alue of the land and without limiting the generality of the fo-reKoing, will cultivAte~ irrigate, fertilize~ spray. prune. replant orchard4 and citrus gro~es. keep the non-timber land free fmm foul and noxious weeds, brush i an.i other undesir~ble ~rowths, provide for stock selection, crop rotation. drainage. prevention of erosion and pasture ~ maintenance in accordance kith good husbandry and the n~K approved methods of ai;riculturai development; will not ~ cut or remo~e or snifer cutting or rernovin~ any trees or timber on tiie premises (e!ccept for domestic purposes) or a remove turpcntin~ or permit any cupping for turpentine W ithout ~fortgr.gec's written consent; (ii) will operate the ; timber lane9s on the premises in accordance with sound practices of prodvct?on, qpm, and har-resti~g; (iii) will take ~ those accepted forest sanitation ar.d control measums Whi~h are reasonably necessary to protect said timber lands ; from disease and insect infestation; (iv) will take all measures nhich are reaaonabiy necessary to protect said timber ~ Iands from loss by fire. which measures shall be at least equal to fire eontrol practices generally followed on timber producin~ pronerty in the same general arca, includinR the adoption of sui~iLle prevention and conttol measures, the x maintenance of rnads in such manner as to permit sccess of mobile fire-fightint~ equipment to all parts of the timber ~ lands, the maintenance of fire lanes. proper disposal of slash and slnbs anJ fu!1 co-operation with ~tate and federal ~ agenciea on matter of fire prevention and control. a, ~ That a~ often as forest, wild fire or other hazard, including windstorm, damage the timber landa, Mortgagor ~ r.hall deliver to :~iortgagee v?~ithin 20 days after, the happening of each such oceurrence~ a detailed atatement in wri~ ~ ing, apecifyinq the number of acre~ damaqed and en estimate of the nature and extent of the rnsulting damage; that, ~ if in the opinion of biortqagee, anch measurea or equipment are inadequate. the ~lortgaqor w-ill upon written requeet = of the MortgaRee, adopt auch additional measurea end scquire and maintain auch additionnl ~ire-lighting equipment ~ as the Dtortgagee may require. ~ 7. To pay to Mottgagee upon demand all aume, including cost~, expense snd reasonable agent'a and attorney'~ feee which it may expend or become obliqated for in proceedii?gs, IeRc~l or othetwise. to establish or euatain the lien = hereof or its priority, or in defending against lien~, claims, rights. estate~ nr easementr of any person o* persons aeserting priority hereto, or in payment, setilement, dixharge. or relcase of any assertcd li~ns, claims. riRhts. ease- - menca or estates on counsel advising DiortqaRee that the same is superior to the lien hereof~ or for an abatract or aupplemental abstract, together with interest on all such sum~ so paid at the rate of ten per cent (1070) per annum on the date the same are paid. 111ortgaRor also covenants and aRrees w pay all C09LS, charRes and expenses, includina 5 reasor.abie attorney's fees and commiuion~ and abstract charRes or expenses psid or incurred by '.KortKnqee in con- nection v~ith any suit to enforce collection or to foreclose this mortQage in the event ihis mortRa~e and the note or - other indei,i,edness and amounts hereby securecl be pluced in the hancls of an attorney for collection. and for the pay- :i ment of all such amounts this mortgage shall atand as aecurity and any ,uch sum or sum~ so pnid shall become s psrt of the indeLtedness secured hereby. r; 8. In rase :11ortQaQor shall faii ta promptly diacharKe any obli¢ation ot covenant as provided herein~ Mott~agee ~ ehall have the option, but no obiiRntion, tn perform on behalC of ti1ort;,e~ur. Ant amaunt which MortenRee may expend - in pertorminR such nct or in eonnr_ction then•wilh, with interest ti~~reon at the rate ot ten per cent ( lOS'~ ) per annum, to};elhet ~vith all expen~e~+. includin~ reasonat~le attorney's f~~s incurred by biort~agre, shall ir immediately payable Dy biort~aRor and ahall be sccureJ by tA~a mortgage, snJ Mortgagee snall te aubroqated to any right~. equitie~ or liens ' eo di+charge~l. S~~O ~f _ _ " r. Y _ . . _ ' ' ~Y _ . . _ 4,.~ . _ :.'-~i r`~ ~_y. . _ w._. t _ _ - . .