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HomeMy WebLinkAbout0897 • ~ t ' { TOCETFiF.R with all sgricultural. horticultural and fruit crops, now planted and/or growing, and hereafter planted, groMin, or raixd on the above described premises. end a11 and sin6ula* the fixtures appurtenu?t thereto, which shall include, in so far as they now are or may hereafter belong to or be uaed with the premiscs or any buildings or impmvements thereon and whether attached or de- tached; ali lighting, heating, coolin8, ventilaling, sir-conditioning, incinerating, sprinkling, and plumbing fixtures• itti8ating, water. and power systems; engines and machii?ery; boilers, ranges, furnaces, oil burners, or units thereof; elevatots and motors; retrigcration plants or units; kitchen cabintts; cooking appliances; wall bcds• stortn windows and doors; window and door screens; awnings; window shades; shrubbery; rugs and carpeting• and all proPe~rty noa? or ~erexfter attached W or reasonably necessary to the use of the premises, all of which shall be deemed W be C~xtures and shall be part of the security [or the indebtedness herein mentioned and shall be covered by this mortSaKe; and together with all and aingular the buildings: improvements~ ways, streets, alleys, passaKes, waters, water courses, rights, liberlies, privileges. easements~ tenements, hereditaments, and appurtenances thereunto appertaining, and the reversions and remainders, rents, issues, and profita thereof. aU of the said pmperty, whether real or personal, being hereinafter designated as "the premises.° TO NAVE AND TO HOLD the same, and all the estate, righ~ title, interest, homestead, dower, right of dower, sepa~ate estate, property. posses:ion, claim and demand whatsoever in law and in equity of Mortgagor in and W the same unto Mortgagee, in tee simple, forever. AND Mortgagor hereby covenanta with Mortgagee that the Mortgagor is indefeasibly seized of the said premises in fee sunple and has full power and lawful right to convey the same as afornsaid and that it shall be lawful for Mortgagee at all times hemafter peaceably and quietly W enter upon, hold, occupy. and enjoy the premises and everypart thereof. that the premises and every pact thereof arn tree from all encum6rances; that Mortgagor will make such olher and further assurances to pedect the tee simple title to the premises in Mortgagee, as may hereafter rnasonably be required; and Mortgagor dces hereby EuUy warrant the title to the premises and every palrt thereof and will detend the same against the law[ul ctaim of all persons whornsoever. PROVIDED ALWAYS and these presents are upon the express condilion that if the Mortgagor shall well and truly pay to the Hiortgagee the indebtedness evidenced by that certain promissory note hereinabove reterred to and all renewals or extensions thereo(. together with all interest thereon, aa and when therein respectively provided, and pay W the Mortgagee such further sum or sums of money, if any, as the Morigagee may hereafter during the continuance of these presents advance to the Mortgagor, with interest on such further sum or sums trom the time they inay be respectively advanced at the rate provided for in said prrmissory note or notes evidencing such advance or advances, and shall perform, comply with and abide by each and every the conditions and covenants con- tained in this mortBaBe and in the promissory note or notes secured hemby, then this mortgage and the estate hereby created shall cease and be null and void. Mortgagor further rnvenants and agrees as tollows: ~ 1_ Mortgagor shall pay principal, interest and all other sums of money which are a part of the indebtedness secured by this ~ mortgage or are payable under this mortgage when due, whether in course or under any rnvenant. or stipulation o( this mortgage. All ! sums hereby secured shall bear interest at the highest lawful rate per annum after the same shaU bec.~ome due, whether in due course ~ or under any covenant of this mortgage; until paid. Upon payment of all such sums Mortgagee shall, upon written demand of Diort- ~ gagor, satisEy this mortga8e at cost of MortgaSor. ( 2. Mortgagor shall keep the premises in good condition and repair, reasonable wear and tear excepted: shall not permit nor ~ perform any act which would in any way impair the value of the prnmises• shall not remove any [ixture nor remove or demolish any ~ building or improvement or cut or remove any merchantable timber located on the above described land without the written consent ~ of ~iortgagee: and shall neither commit nor permit waste ot the premises. F 3. hiortgagor shall pay and discharge as the same becwme due all taxes and assessments that may accrue, be levied, or assessed upon the pmmises or any part thereof, or which may be or become a lien prior to the lien of this mortgage or have priority inpa yment to the debt secured hereby, or upon Mortgagee's interest therein or upon this mortgage or the indebtedness or evidence of indebtedness ~c•cured hereby, without regard to any law heretotore or hereafter enacted impo~ing payment of the whole or any part theteof upon ~ \Sortgagee; upon thep~~ag e of any law imposing the payment of the whole or any part thereof upon Moctgagec or upon the rendering = by any appellate court dE competent jurisdiction o( a decision that the Undertaki.~g by Mortgagor to pay such taxes is legally inopera- ~ ti~•e, then the indebtedness hereby secured without deduction shall, at the option of Mortgagee, become immediately due and payable. z notw•it}utanding anything contained in this mortgage or any law heretofore or hereafter enacted; and Mortgagor shall not suffer or ~ permit any such taxes or assessments on the said premises, or which may be or become a lien on said premises, to become or remain ~ delinquent or permit any part thereot or any mterest therein to be sold for any taxes or assessments- and (urther shall furnish ~ annually to :Miortgagee, prior to the date when they would become delinquent, certificates or receipts of the proper officer showing ~ full payment of all such taxes and assessments. ~ 4. Mortqagor shall pay all debu, claims, or other charges that may become liens against the premises or any part thereof for repa~rs or impro~ements that may have been. or may hercafter be, made on the premises and shall not permit any lien or encum- brance of any kincl which might become superior to the title of Mortgagee or the lien of this mortgage to accrue or remain on the ~ premises or any part thereof. S. 1?iortgagor shall provide, maintain, and deliver to Mortgagee policies of fire and such other insurance as Mortgagee may ~ f rom time to time require in companies, form, and amounts satis[actory to I?iorigagee upon lhe buildings and improvements now or ~ hereafter situate on the premises, and shall assign and deliver to Mortgagee with satisfactory mortgagee clauses all insurance policies of any kind or in any.amount now or hereatter issued upon the premises. Mortgagor shall give immediate notice in writing to Mortgagee ~ of any loss or damage to the premises caused by any casualty. Ftill power is hereby rnnferred on Mortgagee W settle and compromise claims under all policies and to demand, receive, and receipt for all monies becoming payable thereunder and to assign all policies to any holder of the indebtedness secured hereby or to the grantee of the premises in the event of the foreclasure of this mortgage or other transfer of title to the premises in extinguishment of the indebtedness secured hereby. In the event of loss under any of the - policies of insurance herein referred to, the proceeds ot such policy shall be paid by the insurer to Mortgagee which, at his sole and ~ absolute discretion, shali apply the same, wholly or partiaUy a(ter deducting all rnsts of collection, including a reasonabte attorney's - fee, either as a payment on account of such part o( the indebtedness secured hereby as Mortgagee may elect, without affecting the amount or time for payment oE other installments required thereunder, whether or not then due or payable, or toward the alteration, ~ reconstnction, repair, or restoration of the premises, either to the portion therebf by which said loss was sustained or any other r portion thereof. - `A 6. The rents, income, and profits of all and every part of the premises are hereby specifically pledged to the payment of the ~ debt and ali other obligations hereby secured. It default shall be made in the payment of the said indebtedness or any part thereof or in the performance of any covenant or agreement of this mortgage or of the said indebtedness, Mortgagee shatl have the right forth- - w~th and without notice to enter into and upon the premises, take passession thereof, and cotlect sa~d rent, income, and profits with or without the appointment of a receive~ and regardless of the adequacy of the security or the solvency of Mortgagor, Mortgagor hereby ~ covenanting that the appointment of such a receiver by a court of competent jurisdiction, regardless of the adequacy of the security or • ~ the solvency of Mortgagor, shaU be a matter of right to Mortgagee. All such net inrnme, atter payment of any collection, management, ~ and attorney's fees, shaU be applied toward the payment ot any advances made by Mortgagee or in reduction of any indebtedness, ~ including interest thereon, hereby secured in such manner or pmportion as Morigagee may elect. ~ 7. ~Iortgagor, without first obtaining the written consent ot lldortgagee lhereto, shall not (a) as~ign the rents, or any parl ~ thereof, from the mortgaged premises, (b) consent to the modification, cancellation or surrender oE any leaze of the mortgaged ~ premises, or any part thereof, now existing, or hereafter to be made, having an unexpired term of one year or more, or (c) collect rents from the mortgaged premises for more than one month in advance. ~ • R s~~ p ; - ' ~OGK till4 QACf 09~ r ~ ~ ~ _ , _ _ ~