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Home My WebLink About0150 • ~L , ~ f{r 1 TO HAVE AND TO HOLD. the s~id property, together with a!1 s~d ~u~u the ri~ght:. memban, hereditsments. and appuctenances thereunto belonging or in any v?~se sppertaini , unto secood puty, itt acoestors and usiani. in tee simpk iorever; and fint puty hereby bin~ himself (itsel2~ his (it~ hein, ~xecutoct. sd~Nri[~tocs, suooe~sors and as:igns. to warant and forev~er de[end ssid pmperty unto secon party, its sucoeu~xs and assi~ns, from a~d a~nst Pust puty. the heirs. executors. administratoc~, sucoeuors and auigns of futt puty and all other per~ons whom~oev~er Iawfully ~ or to claim the same or iny part ihereof, PROViDED ALWAYS, NEVERTHELESS. and it is the true intent and meanu'~g of the parties to thae praen~. thst if fust puty ahalt pay. ar cause to be paid. unto second p~rty, its wcauoa oc ass~a the total iadebtadness ~ecured hereby, whether evidenced by note fust abore described. future advance notes, or otherwix, with inten:t thenon as sforas~id, and shall perform aU terms, oonditions. and cov~enants according to the true intent of s~id rrote, a~y other instrwnent henina[ter rcferred to, and this mo~tg,~ge and any othe~ instrunknt sectuing note fust above desaibed or other insttwrnnt eviden ' indehtai~tt of furt puty to ~cond putY. and complY with all the Pmvaiom of the Fum Credit Act of 197I and~ amendmenu thereto, and with the regWatioas ittued and that may be is:ued by the Farm Cndlt Admin~tratlon, aD of whkh ue hereby made a put hereof, then this mortg,~ge shap aase. determine. and be uttedy null and vnid; otherwi:e it shall cariain in futl forca and ef[ect. FOR THE CONSIDERATION AFORESAID, fuat puty coveiunt: u follows: 1. First puty is lawfully seiud of said property in ke simple and has a perfect tight to convey sama; thera an no encumbnnas or liens whataoever on said pcopecty exapt this mortgage. 2. This mortg~ge ShaU also secure any future advuras made by :ecand puty, at its option. ta fustpu ty, or one or mon or aQ of them; u may be ande during the time authoriud by !sw for such advanca, PROVIDED 1`t1AT THE MAXIMUM AMOUNT SECURED HEREBY SHALL NOT AT ANY ONE 1'iME F.XCEED THE PRINCIPAL SUM OF s 145,000. 00--, p~us interest thereon, and any disbucs~ment: made [or the payment of wces, kvia or inwrsrta on the , property cov~ered by the lien of thias mortgage, arith interest on wch disbur=ements. In the ev~ent of wch advana. the amount thereof slwll be added to the mortg~ge d~bt. 3. It i: further understood and sgeed by all parties hento that the execution by first party and the acaptana by second puty of aay aotes, renewal notes or othar instrwtrenu, ot the agrament by second puty to aay reamortizatiora, exten:ions, deferments or other reanangemenu as coatemptaied herain sh~U mot be construed as payment of any indebtednesa hereby secund, (whether or not, among other d~anges in tern~t, the interat nte or rates remain the same andJor time for payment is thereby extended or kuened), and sliall not discharge the lien of this mortga~ge which is to remain in fuU fora and effect unW the total indebtedneas secured hereby has been paid in full. Ali notes or other irutruments comemplated herein shall rcmain uncanceqed and in possession of seeond puty.its suooesson ~nd assigns, unW.the total indebtcdnas hercby secund is Qaid in fnll. 4. Firsi guty will inwre and kap iawred as may be cequired by t~coad Party from time to time all groves and orchards now on said pcoperty or that may herafter be thereon ag~inst loss or damage by fue, windstorm. h~ail, froai, freeze. and/or ot6er c~walty, and atl bu~dings now on said property. snd al! buildings which may hereafter be erected thereon. ag~inst !ou ar durnge by fue, hail, windstorm, and/or other asualty, in such form. wch amounts. and in such oompaay or oompanies u shall be satisfactocy to second p`rty, the loss, J any. to be payabk to second party as its intecett may appear at the time of the loss. First puty will deliver to seoond party the policy or policia of inuuance with mortgsga clau'e attsd~ed thereto satisfactory to seoond puty, and arill promPtly pay when due all premiums fa wch inawana. If any grov~e or orchard shal! be desUoyed or dam~ged by fue, windstorm, ha7, frost, freeze, md/or oiher es:wity, the amount reaived in settlement of the loss or da~r~sge may be applied at the option of seo~ad party on w~h part of the iadebtednas ucured by this imtrument u:eooad puty may in it~ mk discretioa determine. !f sny bueWinB o~n said PropertY so inwred shall be destroyed or damaged, the uoount raair+ed in settkment of the loas or dartiage may be sppliod at the option of fint puty to the reconswction or repair of tire buildinp,s so destroyed or damaged, wbject to the ceaulatioas iswed or that msy be iuuad under the Farm Credit Act of 1971 or acts amendatory thereof or supp[emental theceto; any portion of the procads not so used shsll be applied oa the debt hereby secured in such manner u second pariy, in its sole discretion, may determine. 5. First party will pay, when due and payabk, all taxes. auesunents and other charges that may be kvi~d or asseased ag~inst s~id property, and ap judgment: and all other smounts that may~be or become a lien fhereon. ' 6. Firu party will keep in good order and condition, preaerv~e, and npair, rebuild and restore all ternas. bu~dinga, gcoves, orchuds, fena,s, fixtures, shrubbery and other in~rovements, of every kind and nature, now on aaed land and hereafter erected or plaeed- ~ueoa that may be destroyed or dartr~ged by fue. windstorm or otherwise, and will not permit the change, injury or removal thereof, will not oommit or permit waste on said land, and will not, exapt with the wretien oonsent of second party, cut. use or remoMe, oi permit the cutting, u.x or removal of, any timber or trees on said land for - sawnull, turpentine or other uses or purposa, except for 1'uewood ano other ordinary fum purposes. Eirst Quty will also preserv~e and keep in good order and condition aU trea ~nd timber now and henafter growing upon the said property, md will at all times protect the trees and timber against loss or damage by fice, all to the satisfaction of the seoond party. # 7. First party will at aU times properiy fe~tiliu, cultivate, care for, and maintain in a productive condition all the 1 grov~e and ord~ud trees now on said property or herafter plar?ted thereon, ~utd will ptotect the gtoves and orc~uds against ' !ou or darmge by fue by making and maintaining proper firebreaks on and around said property, and by kaping undergtowth cut, to the satitfaction of second puty and second party is hercby authvrized and empowered to havt appraisals of said property made by a land Bank apprai~er, or by others. at wch tirnes as second puty, in its sak discntion, cnay desire. The con of such appraisals shall be paid by fust puty irnmediately upon praentation of an itemiud:tatement thereof and shall be secured by this instruea~nt. 8. T'une is of the es~ence of above resited note, this instrument and of any other instrwnent evidencing a indebtedneu secund hereby. If fust party fa~s to comply with any covenant, wndition or agreement in this insuwnent, or in said note, or in any reamortization, renewal, deferment. exiension agrament or other insUument evidencing any indebtednas secured hereby, seoond puty may, at its option, exercise any one or more of the following cights, powen, ~ privilegea and remedia: ~ (a) Pedorm any one or more of the covenants of fust party in this instrument, in above recited note, or in any othe~ instrument evidencing ~ny indebtedness secured hereby, and all wrr~ advanced by second party in doing so stuU be due and payable by fint party to second puty immediately without notice, and shall be secured by this instrument, and shaU bear interest from the date of advana by seuond party at the highest rate provided in my note or other uuwmcnt secured hereby. F (b) D~eclue all amounts secured by this instrument immediately due and pvyable without notice. (c) Proceed lmmediately to foreclose this mortpge, u?d puraue wch other remediea u may be authoriud by law. 9. As further xcurity for the payment o! the note herein described and any other instrument evidencing indebtednaa secured hereby and for the pedorn~ana of all _ the terms, conditions. and rnvenants of said note, said other instruments and of this mortgage. fust puty hereby transfers, auigns. and sets over to seoond ~arty aU of the crops sown or , :,t 1~