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HomeMy WebLinkAbout1662 MORTCACOR D06S FURTHER n~o ~e. transfer~ set o~er. astign and pled~e unto Mortg~ee all rrop~ now ~rowin~ and hereafter town on the mortqa~premises. hereDy giving and granting unto blortgagee a first and ptior lien thereon. providod. ~owever. that such lien shall be and is hernby made expressly subject and subordioate to aAy crop lien or crop mortgage encumbering cmps w~hich comt into exiatence prios to foreclosure aale as pro~ided by t1~is mort~age. the provis~ona oi clausc 10 hereof nothwithatandin~. Any such cmp 1?en or crop mortgage shall not however. be s ~~e~ prior to thu mort~a~e on ~n~? ernp coming into ex~atence subaequent to said foreclosure sale. "Come into exiate~ce" and "coming into existence shall, tor the purpose of thia mort,gag:, mean bloom in the tase oi crops irom perenni~l plantings and orchatds. and shell me,an plantinR in the case of cropa irom annual or more tTequent plsnt- ~ngs. Nothing herein eontainecl. however. ahall operate to aubordinate the lien of thia mortgage sa affecting trees or other perennial pl~nts but shall ao operate u to the crnpa hartveated therefrom. TO HAVB AND TO NOLD tbe above ~ranted snd deacribed premise~ unw Ddortgsgee, ita aucceasora snd asai~a~ forever. Mortgsgor hereby covenanta that Mortgag~or is indeteasibly seiaed ot the Mortgaqed Premiaes in fee simple; that lliortga~or is in actual poaaession thereof and haa full power and lawful riRht to convey the aame in fee simple as aforesa~d; that it ahall be lawful for Mortgagee st alt times to peaceably and quietly enter upon, hold, occupy and enjoy all of the Mortga~ed Premisea• thst the Mortqsged Premisea are free irom all incumbrancea except as afon~ aaid; that Ddortgagor wdl make such further aasurancs to pro~e Mortga~or's tee simple title as mny be reasonably required und that Afortgagor will and shail fully warrant and defend the title to the same unto liortgagee ~gaina! the lawful claims and demands oi all persons whomacever. PROV/DED, ALii'AYS, and theae presents are upon the express condition that it Mortgag~or ~hell pay unto Mortgagee the sums of money sa provided in the promissory nnte afomsaid and any extensions or rnnewals thereof and interest thereon, at the time and in Lhe manner therein pmvided, whether in due course or under any covensnts or atipu- lations herein contained, and shall pay all other indebtedness or liabilitiM ~ceured hereby and shall well and truly keep. , perform and comply with all ihe covenants, aRreementa and etipulations herein contained, then the estate.hereby granted, bargained, sold and conveyed shall cease and determine; otherv?•ise these presents shall be and rnmain in full force snd effect. ~ And Diortgagor hereby jointly and aeverally covenants and agrees to and with Mortgagee sa followa: 1. To pay all sums secured hemby when dne. 2. To pay all taxes and aasessments at any time imposed~ levied or assessed on the Mortgaged Premises or the indebtedness secunrl hernby, or the MortRaqee's interest in the mortgaged premises before they become delinquent (an~ produce receipts therefor upon demand), und any clsim, lien or incumbrance against the Diortgaged Premises which may be or become prior to this mortgage. 3. If the biortgaged Premises or any part thereof become embraced within the boundaries of sny irrigation. levee, draina~e or other improvement district (except schoot or roadl and such district shaq have power to issue bonda or other evidence of indebtedness requiring the levy and collection of taxes in payment thereof. the note hereby aecured shall at the option of tne holder thereot, without notice, become due and payable, notwithstanding anything contained in said note, or this mortgage~ or any law that may hereafter be enacted. 4. To kceP the 111ortRaged Premises other than land continuously insured aRainst loss by fire and such other hazards as may from time to time be requested by Mort~aK~ in companies and in amounts in eseh oompany sa msy be approved by and be aceeptable to '~dortRaRee; all insurance policies shall contain the usual standard mortgagee clause making the loss payable. without contribution, to Mortqagee as iis interest may appear, and shall be delivered piomptly to and held bv Mortgag+ee. Not less than ten days in advance of the expiration of each policy, to deliver to :Itortgagee s rnnewal thereof, Logether with receipt for the prnmium ~f such renewal. The proceeds of any such insurarce or any part thereof may be applied by :liortRagee at ~ts option, either to the indebtedness heteby gecured or to the restoration or repair of the property damsged. 6. That Mortgagor (i) will not temove or demoliah nor slter the desiKr? or atructnral character of any building now or hereaiter erected upon the premiaen unless Motgagee shall first consent thereto in writing; (ii) will maintsin the premises in Rood condition and repair• (iii) ~vill comply with all Iaws, ordinancea, regulations. covenanta snd restrictions aifecting the premises. and will not auffer or permit any violation thereof; will furnish euch information respecting use and operation of the premises aa Diortgagee may from time to time demand. - 6. That Mortgsgor (i) will not commit or euifer aaste of the pmmisea or impairment in any msnner oi the i agricultural value oi the land and without limiting the generality of the foreAoing. wiU cultivate. irrigate, fertilise. apray. prune, re~lant orcharda and citrus groves, keep the non-timber land free from foul and noxious weeds. brnsh F and other undes~rable growths provide for etock aelection, crop rotation, drainage. prevention of erosion and pasture maintenance in accordance wit~ good hnsbandry and the new approved methods of agricultural develo~ment; will not cut or remove or aufier cutting or removing any treea or timber on the premi~es (except for domeatic purposes) or remove turpentine or permit any cupping tor turpentine withouL liortgagEe's written consent; (ii) will operate the timber lands on the prnmiaes in accordance with sound practices of production. care. and harveaUng; (iii) will take ~ thoae accepted forest eanitation snd control meaaures which are reasonably necesasry to protect aaid timber lands ' from disease an~ insect infeaiation; (iv) will take all measvrea v~hich are reaaonably neceasary to proteet said timber lande from losa by fire, vvhich measurea ehall be at leset equal to fire control practicea generally followed on timber . ~ producing property in the same general area, includinq the adoption of auitable prevention and control meaaurea. the ~ maintenance of roads in auch manner es to permit access of mobile fire-fightinR equipment to all parts of the timber ~ landa. the maintenance of fire lanca. proper diapoaal of slaah ard slabs and full co-operation with atate and iederal ~ agenciea on matter of fire prevention and contml. ~ That a~ often as forest, wild fire or other hazard, including windstorm, damage the timber lands. Mortgagor r.hall deliver to 3fortgagee within 20 days after the happening of each such occurrence, a detailed atatement in wri~ ~ ;ng, apecifyin~ the number of ures damaged and an estimate of the nature and extent of the resulting damage; that. i[ in the opin2on of Mortgagee, sach measurns or equipment are inadequate. the Mortgagor will. upon written requeat ~ oi the Mortgagee, adopt auch additional measarea "and acquire and maintain such additional fire-fighting equipment ~ aa the Diortgagee may require. - 7. To pap to Mortgagee upon demand all eums, including cost~, expenae and reasonable agent'a and attorney'e feers which it may eapend or become obligated for in proceedinqs, leRal or otherwise, to establish or auatain the lien w hereof or its priority. or in defending aga~nst liena, claims, righta, estates or easements of any peraon or peraon~s ~ aeserting priority hereto, or in payment, settlement, discharge, or release of any asserted liens, claims. righta, eaae- ~ menta or eatates on counsel advising MortgeESee that the same is superior to the lien hereof, or for an abattact or aupplemental abatract, together with interest on all such sums so paid at the rate of ten per cent (10%) per annum _ on the date the same are pnid. Mortgagor also covenants and agrees W pay all costs, charges and expenses, ineludinR ~3 reasonable attorney's fees snd commiasions and abstract charQes or expenses paid or incurred by Ddortgagee in con- ; nection with any auit to enforce coilection or to fornclose this mortgage in the event this mortgaqe and the note or other indebtednesa and amounts hereby aecured be placed in the hands of an attorney for collection, and for the pay- ment of aU such amounta thia mortgage shall ~tand as security and any such sum or sums so paid shall become a part ~ of the indebtedness secured hereby. ~ 8. In case Mort~agor shall fail to pmmptly discharge any obliqation or covensnt as provided herein, Mortgagee = shsll have the option. but no obligstion. to perform on behalf of 1lortgagor. Any amount which Muttgagee may expend in performing such sct or in connection therewith. with interest thereon at the rate of ten per cent (30~/0) per annum. ~j; together with sll expenaea. including reasonable attorney's fees incuned by Mortqagee, ~hall be immediately payable bq Mortgagor ~nd sh~ll be ~ecured by thia mortgsge, a~nd Mortgagee shall be eubrogoted to any rights. equities or liena w discharged. ~ ~ 4 f,,~E ~6fi1 . . 22 ~ ~ ~ ~ _ . - ` II ~ ~ E. ~ ~ ~"v ~ r .w~ ~K : i^ ~ 2~~~ ~ ~ .'~'~~C,.~',-~~'~.~F..-4 ' ~~~r ~s.?'x~~"'~ ~ ~s »~c - °fr -.G ~~i . ~ ~ _ .~,r~'°w~s.~ _ ~ _ ` ~