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Home My WebLink About1258 ~ i~ ; , ~ ~ ! ! . a ~ ~ TO HAVE AND TO IIULU, ti~e said prupcrty, tc~gcth~ r with all :+~td sii~gula~ tl~c ribhts, ~ucuibcrs, hcrcJit~n?cnts, anJ ; •rppurten~rtces the?eunto briunging ur in any wix a~~~krtaining. uutu secur~d party, its succeaiurs anJ ;~ssigns. in iee simple iurevzr: and first parry hcrchy binds hinisell (itsclt~l, his (itsl h~irs. c~ccuturs. ~dmimstraturs, succcsx?rs and assigns. to v~~3rrant and iorever deCrnd ~id proEkrt)' unto serund ~~arty, its su~~essurs and assigns, frotti aiid ~g:~ins~ tirst part~~, the heirs, ; exrcutors, aduiinistraturs, sur~essurs ~nd assigns uf tirst party and ~Il ~~tlier pcrsons whuu~we~~~r I~w~fully ~lai~nmg or te? ~laim tltc santc or any part thcreoi~. • i' PROVIUEU ALW"AYS, NE~'ERTHELES5, and it is the truc intcnt ~nd mca~~i~tg ut the {~rlics tu thcse presents, :hat i~ if tirst part}~ sh:sf) pay, ~r cause to be p~id, untn secc~nd party, its suc~essors or assigus the tutal indebtedness serured hereby, i 'i whether eviJern;ed by note first abuvc: dcs~ribed, futurc a~ivancc notes, or othcrwise, with interest thercun as afuresaid,;~nd shalt pertorm ail terms, cun~itions, ai~~ covenants a~rurding tu the true intent of s;aid nute, ~ny cftt~er mstru~i~ent hereir~atter r~fcrrcd tu, and ihis n~rteage and an}~ other irtstrun~er~t seiuring note tirst above descrilxd or othe~ instrwnent evidencing , inelebtedness o~ first .}~rty tu second party, and rumply H•ith all the pruvisions uf the Fcdcral t~a~tn L,oan Act and all j. amradnknts thcretu, and K~ith the r~gulatiuns issued and tl?~t ii~ay be issued by ti?e Farm Credit Adn~inistratiun,ati ut~whict~ ~re hcrcby n~ade a part hereol, tl?zn this mortgagc ~fisll ccase, drterminc, anct be U[~Cfly' Ilt1II 3q(~ void; oth~rwisc it shall r<<~~ain in fuil forcc and effect. ~ li FUR THE CONSIDEItA770N AFORESAID, first party covenants as follows: " . - 1. . F;,trst part}~ is lawFully seized ol s:iid pruperty in fce simple anJ has a perfcct right to cvnvey same; there are nu i; . c~icunzbranres or liens w•i~atsc~ever on said property except this murtgage. This mortgage shall also secure any future advsnres iuade by secund ,~arty, at its optio~F, to tirst party, or unc ur more or a([ of them, as may be ntade during tlte ti~t~e authorized b~~ laK~ for such aJvance, PKOVIUED THAT THE } ~tAXI~lUAi A~lOU~IT- SECURED HEREBY SHALL NOT AT ANY ONE TINE EXCEED THE PRINCIPAL SU;~i OF S 42, 500 .00 , plus interest thereon, and any disbursements n~de for ttie payment ot taxes, levies or insu~ancc on the i' propcrt}~ cor~ered b~~ tl~e lien of this mortgage. w•ith interest on such disbursements. in che event of sucli ~dvance, the amoimt i' there.~f shall be added ta the nwrtgage debt. i 3. It is futther understood a~id ~greed by all parties hereto that the exerution by first party and the acceptance by sero~id part}• of any notes, renewsl notes or other instruments, or tl~e agreement b~~ second party to any reanwrtirations, extensions, ~iefernients or other rearrangements as cuntempt~ted i~erein st~all nor be constru.^,d as payn~eni of any indebtedness liereb~• securecl, (whettter or not, among other changes in terms, the interest rate or rates remain the sa?ne 1; ar~d;or time for payment is thereb~~ extended ur lessened), ~nd sliall not discharge the ticn of this mottgage v?~iiirh is to remain - in fult force ~nd effect until the total indebtedness secured hereby has been paid in full. All nutes or other instruments fr contemplated herein sfiall re~i~ain uncancelled and in possession uf secand party, its successurs and assigns, until the t~tal indebtedncss tizreby secuted is paid in full. ~3_ First party will insure and keep insured as may bc reyuired by second party from tiu~e tu time all gruves and ' orcl~ards now on saiJ property or that may hereatter be thereon against toss or damage by fire, windstonn, hail. frost, freeze, i; and;or otKer .,~asuatty, and ali buildings now on said property, and all buildings ~vhich may hereafter be erected thereon, against loss or da~i~age by fire, hail, windstorm, andJ~r other casualty, in such form, such amounts, and in such company or Ii ~~mpanies as shalt be satisfactor~~ to second party. the luss, if any, to be payable to second party as its interesl may appear ~t th~ time of the loss. First party will deliver to second party the poticy or policies of insurance with mortgagee clause attached ttiereto satisfactc~ry to srcond party, and wil) promptly pay ~lien due all premiums for such insurance. If any gro~e or ~i orchard shall be destroyed or dan~aged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received in settlement of the loss ur damage may be applied at the option ot second party un such parf of the indebtedness secured by this instrument as second party may in its sole discretion detennine. li any buildir~g on said property so insured shall be d~stroyed or damaged, the amount received in settlement of the loss or damage may be applied at the option of first party tu . the reconstruction or repair of the bui;dings so destroyed or damaged, subject to the regulations issued or that may be issued j~ under the Federal Farm Loan Act or acts amendatory thereof or supplemental thereto; and any portion of the proceeds not so used shalf be applied on the debt hereby secured in such manner as second party, en its sole discretion, may determine. ,i 5. Firsi party will pay, when due and payablc, atl taxes, assessiuents and other charges that may be levied or ~ assessed against said properly, and all judgments and all other amounts that may be or become a lien thereon. y 6. First party w711 keep in good order and condition, preserve, and repair, rebuitd and resture a11 terraces, bui(dings, gruves. urchards, fences, fixtures, shrubbery and other impruvements, of every kind and nature, now on said land and hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or otherwise, and will not pernut i' I'i the change, injury or removal thereof, will not conunit or pernut waste on said land, and will not, except with the written ~ consent of second party, cut, use or remove, or pernut the cutting, use or removal of. any timber or trees on said land for ~i ( saw~miil, turpentine or other uses or purposes, except f~r Grewooci and other ordinary fann purposes. First party will also ~ preser~c and keep in good order and condition all trees and timber now a~id hereafter growing upon the said property, and ~~~ill at all times protect the trees and timber against loss or dan~age hy fire, all to the satisfaction of•the second party. 7. First party will at alf times properly fertili-te, ~ultivate, care for, and maiotain in a productive conditian all the ji gruve and orchard trees now on said property or hereafter planted thereon, and will protect the groves and orchards against loss or danwge by fire by rnaking and maintaining proper fitebreaks on and around said propert}•, and by keeping undergrow~ti: cut, to the satisfaction of second party. First party will not top-work the grove or orchard trees without first obtaining the written consent ot second party. Second party is tTereby authorized and empowered to have appraisals of said propert~~ rt~ade by a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The - +I cost of such appraisals shall be paid by first party imrnediately upon presentation of an itemir.ed statement thereof and shai( f; be secured by this instruntent. 8. Time is of the essen~e ~f abov~ reciied note, ihis instrument and of any uther instrument e~7dencing ; indebtedness sec~red hereby, If lirst part~~ fsils to comply with any covenant, condition or agreement in this instrumenL or in ! said note, or in any reamortization, renewal, defern~ent, extension agreemcnt or other instrument evidencing any ; f in~iebte~3ncss secured l~ereby, serund party may, at its option, exercise any une or more of the followeng rights, powers, 1 i ~ pri~•il~ges and remedies: ` ~ (a? Perf~~rm an~~ one ar more of the rovenants uf first party in this instrument, in above recited note, or in any ' { other instrun?ent evidencin any indebtedness secured hereb ar~d all sums advancrd b scconJ art € Y Y P Y in doing so !i ! sh~il be due and payable by tirst perty to second party inune~,liately without notice, and sliall be secured by this ~i instrunient, and shali bear interest irom the datc of advanre by second part~~ at thc I~i~:hest rate pmvidcd in any note , ur other instrument srcurcd hereb~~. - ; (b? l~rlare all amounts secured by this instrument inmiediately due and payable Nithuut notice. ' Ir) Proceed immcdiatel}- to forerlose this nrurtgage, a~id pursoe su~h ~~ther rcmedics as ma~• be authurized by law. ~ ~1. As Curther security tur the payment of the note herein described and any <~ther instrument ev~dencing ~ ~ndebtedness securcd hcrebp and fur ihe petformancc of all tfic tcrrns, roriditions, arid covenants of said note, said other ? instrusiterlts and vf this nwrtgage, first party hereby transfers, sssi~ns, and sets uver to second Party all of the crops sow•n or ~ . , = ~00~223 ~~cE1258 ;