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Home My WebLink About1843 _ - _ . _ _ - ~ - - ~ ~ ~ ~ k TU tiAVE ANU TU HULD, tl?c said prupcnY• tuge~~?« w'~~~' ungular the rights. n~emhcrs, hereditamcnts, and 1 appurtcnanccs the~eunta bclunging u~ in any wise apExrtsinu~S. untu second party, its su«~ssurs and assig~~s. in fee simple furever, and firs~ {~rty he~~hy binds hinuclf (~tseln, his (its) hcirs. executurs. admiuist~atocs. succeswrs anJ assigm. to warr~ut and forever de(e~d said p~uperty untu secund pa~ry. its wc~eswrs and assigns. from and a~i~~st first party, the heus. cxecuturs. aJuunistraturs, success~+rs and assigns uf first parry and eli ather perwns who~nwever IawfuUy claiming or to claim tl~c sank ~x ~i~y part thcrcof. ' PROVtUEU ALWAYS, NEVERTt1EL.ESS, and it is the true intent and meaning uf the parties to these ptesents, that ii ( irst party shall pay, ur cause to be µ~id, unto second party, its successors or assigns tl~e tutal indebtedness secured I~ereby. N~I~ettier evidenced by nute first abo~~e described. future advana nutes, or utherwise, with interest thereun as aforesaid, and sl~~lt perturm all ternu. ronditions. and rovenants accorJing cu the true intent of raid note. any other instrument tiereinafter rcferred to, and this mort~ge and any uther instrumrnt securing note ~rst above described ot other instrument evidencing mdebtednets of first party to second party, and comply with all the provisions of the Farm Credit Act of 1971 and ail amendments thereto, and with the regulations issued and that may be ~swed by the Farm Credit Administration, all of which are hereby made a part hereof, then this mortgage shall cease, determine, and be utterly null and v~oid; otherwiu it shall remain in full force and effect. FOR THE CONSIDElZATION AFORESAID, first party covenants as follows: 1. First party is lawfolly seized of said property in fee simple and has a perfect right to convey same: there are no encumbrances ur liens whatsoever on raid property except this mortgage. 2. This mortgage shall alsu secure any future advances made by second party, at its opti~n, io Cust Farty, ur one or nwre or all uC them. as nray be niade during the time authorized by law for such advance, PROVIDED 'fHAT THE MAXI~tUM AI?10UNT SECURED HERF.BY SHALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUb1 OF , S~~~ppp~pp , plus interest thercon, and any disbursements made for the payment of taxes, levies or insucance on the ;1 pruperty covered by the lien oE this mortgage, with inter~st ou such disbursements. In the event of such advance, the amount tl:ereot Shall be added to the mortgage debt: 3. !t is further understood and agreed by all parties hereto ti~at the execution by Grst party and the acceptance by , second party of any notes, renewal notes or other instruments. or the agreement by second party to any reamortizations, i extensiuns, deferments or other rearrangements as contemplated herein shall not be construed as payment of any indebtedness hereby secured, (whether or not, among other changes ~n terrt~, the interest rate or rates remain the sa~ne and/or time for payment is thereby extended or tessened), and shall not discharge the Gen of this mortgage Vvhich is to remain in full force and effect until the total indebtedness secured hereby has been paid in full. AU notes or other instruments contemplated herein si~aU remain uncancelled and in possession of second party,its successors and assigns. until the total indebtedness l~ereby secured is paid in full. 4. First party will insure and keep insurcd as may be required by second party from time to time aU groves and orchards now on said property or that may hereafter be Lhercon a~ins: loss or asmsge b~ fir~, ~Yi.^.ds!or:n, t~il, frost, freeze. and/or other cawalty, and all buildings now on said property, and all buildings which may hereafter be erected thPreon, against loss or damage by fire, hail, windstorm, and/or other casualty, in such form, such amounts, and in such company or companies as shall be satisfactory to second party, the loss, if any, to be payable to second party as its interest may appear at tl~e time of the loss. First party will deliver to second party the policy or policies of insurance with mortgagee clause attached tl~ereto satisfactory to second party, and will promptly pay when due all prenuums for such insurance. If any grov~e or orchard shall be destroyed or damaged by fire, windstorm, hail, frost, freeze, andJor other ca~ualtv, the amount received in settiement of the loss or damage may be applied at the option of second party on such part of the indebtedness secured by this instrument as second party rn3y in iu sole discretion determine. If any building on said property so insured shall be destroyed or damaged, the amount receited in settlement of the loss or damage may be applied at the option of fint party to the reconstructi~n or repair of the buildings so ~estroyed or damaged, subject to the regulations issued or that may be issued , under the Farm Credit Act oE 1971 or acts amendatory thereof or supplemental thereto: any portion of the proceeds not so ' used shall be applied on the debt hereby secured in such manner as second party, in its sole discretion, may determine. ~ ~ 5. First party will pay, when d~ie and payable, all taxes, assess:nents and other ct+::rges that may be levied or assessed against said property, and all judgments and all other amounts that may be or become s Gen thereon. i ~ 6. First party w i ll keep in g o o d order and condition, preserve, and repair, rebuild and restore all terraces, buildings, ~ g roves, orchards, fe~ces, fixtures, shrubbery and other improvements, oi every kind and nature, now on said land and ~ hereafter erected or placed thereon t h3t may be destroye d~or da m a g e d b y f i r e, w i n d s t o r m o r o t h e r w i s e, a n d w i ll n o t p e r m i t ~ the change, injury or removal thereof, will not rnmmit or permit waste on said land, and will 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 { sawnull, iurpentine or-other uses or purposes, except fvr firewood and other ordinary farm purposes. First parry will aiso ! preserve and keep in good order and condition al! trees and timber now and hereaRec _Y,rowin¢ u;x~n !h~ r~~Y ~=3 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 ` gr~ve and orchard trees now on raid property or hereafter planted thereon, and will protect the groves and orchards against ~ loss or damage by fire by making and maintaining proper firebreaks on and around said property, and by keeping ~ t undergrowth cut, to the satisfaction of second party and second party is hereby authorized and empowered to have appraisals ot said property made by a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The cost of sueh appraisals shall be paid by 6rst party immediately upon presentation of an itemized statement thereof and shali be secured by this instrument. 8. Time is of the essence of above recited note, this instrument and of any other instrument evidencing indebtedness sec:~red herehy. If first party fails to comply with any covenant, condition or a~rreement in this instrument, or in ~ sai3 note, or in any reamortization, renewal, deferment, extension agreement or otner instcument evidencing any ~ indebtedness secured hereby, second party may, at its option. exercise any one or mare of the iollowing rights. powers, ~ privileges and remedies: ~ (a) Perform any one or more of the covenants of first party in this instremer~t, in abave recited note, or in any ' other instrument evidencing any indebtedness secured hereby, and all suins advanced by second party in doing so shall be due and payable by first party to second party immediately without notice, and shall be secu~ed by this ~ instrument, and shali bear interest from the date of advance by second party at the highest rate provided in any note or other instrument secured hereby. I (b) Declare all aniounts secured by this instrument immediately due and payable without notice. (c) Proceed immediately to foreclose this mort$age, ar~d pursue such other remedies as may be authorized by law_ f 9. As further security for the payment of the note herein described and an} other instrument evidencing I indebtedness secured hereby and for the performance of all the terms, conditions, and covenants of said note, said other ~ instruments and of this mortgage, first party hereby tra~ufers, ass~gns, and sets over to second party all ot the crops sown or ~ I ~ - - aooK Pac~ ~ ; ~ : __r_.. .f_ . . = - ' rs~ - - - 4~