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TO NAVE AND TO HOLD, the said property, together with all and singulat the rights. nnmbers~ hereditaments, and
appurtenances thereunto belonging or in any wise appert~inin~. unto second party. its succeuors and assigns. in fee simple
forever; and first party hereby binds himself (itselQ, his (itt heirs. executors. administntors. sucauors and suigns. to
warrant and forever defend said property unto second party, its successors and assigns. from and ag,ainst first party. the hein.
~ executors, administraturs. successors and auigns of first party and all other persons whomsoever lawfulty claiming or to claim
the same or any part thereof.
PROVtDED ALWAYS, NEVERTHELESS. and it is the true intent and meaning of the parties to these presents. that
if first party shall pay, or cauu to be paid. unto second party, its successors or assigns the total indebtedness secured hereby.
whether evidenced by note first abave described, future advance notes, or otherwise, with interest thereon as aforesaid, and
shall perform all terms. conditions. and covenants according to the true intent of said note~ any other instrument hereinafter
I~' referred to, and this nwrtgage and any other instrument securing note first above described or other instrument evidtncing
indebtedneu of first party to ucond puty, and comply with all the provisions of the Farm Credit Act of 1971 and all
amendments thereto. and with the regul~tions issued and that may be issued by the Farm Credit Administration, all of which
are hereby made a put hereof. then this mortgage shaU aase, determine. and be utterly null and v~oid; otherwise it shall
remain in full fora and effcet. ~
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FOR THE CONSIDERATION AFORESAID, first party covenants as follows:
1. First party is lawtully scized of said property in fee simple and has a perfect right to vonvey same; there are no
encumbrances or liens whatsoever on said property except this mortgage.
2. This mortgage shall also secure any future adrances made by second party, at its option. to fust pazty, or one or
more or all of them. as may be made during the time authoriud by law for such adrana; PROVIDED THAT THE
MAXIMUM AMOUNT SECURED HEREBY SHAL4 NOT AT ANY ONE TIME EXCEED THE PRINC[PAL SUM OF
S 2, 600, 000. 00 , plus interest thereon. and any disbursements made for the payment of taxes, tevies or insurana on the
property cov~ered by the lien of this mortgage, with interest on such disbursements. In the event of such advana, the amount
thereof shall be added to the mortgage debt.
3. It is further understood ~nd agreed by all puties hereto that the execution by first party and the acceptana by
second party of any notes, renewal notes or other instruments. or the agreement by second party to any reamortizations,
extensions. deferments or other rearr~ngements as contemplated herein shall not be construed u payment of any
indebtedness hereby secured. (whether or not, among other changes in terrru. tha interest rate or rates remain the same
and/or time for payment is thereby extended or lessened), and shall not discharge ihe 4en of this mortgage which is to remain
in full force and effect unW the total indebtedneu secuted hereby has been paid in full. Ail notes or other instruments
contemplated herein si~all remain uncancelled and in posseuion of second party,its successors and assigns, unW the total
indebtedness hereby secured is paid in full.
4. First party will insure and kcep insured u may be required by second party from time to time all gxoves and
orchards now on raid property or that may hereafter be thereon against loss or damage by fire, windstorm, hail, frost, freeu.
and/or oiher cawalty. and all buildings now on said property, and all buildings which may hereafter be erected iheceon.
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 puty as its interest may appear at
the time of the loss. First pazty will deliver to second parry the policy or policies of insurance with mortg,agee dause attached
thereto satisfactory to second party, and wijl promptly pay when due all premiums for wch insurance. If any grove or
orchard shall be destroyed or damaged by fue, windstorm, hail, frost, freeu, and/or other casualty, the amount received in
settlement of the loss or damage may be applied at the option of second pany on wch part of the indebtedness secirred by
this instrument as sernnd party may in its sole discretion determine. If any building on said property so insured shall be
destroyed or damaged, the amount received in settkment of the loss or damage may be applied at the option of fuat party to
the reconstruction or repair of the building,s so destroyed or damaged, subject to the rogulations issued or that may be iuued
~ under the Farm Credit Act of 1971 or acts amendatory thereof or supplemental thereto; any portion of the proceeds not so
; used shall be applied on the debt heret,y stcured in such manner as secand party, in its sole discretion. may determine.
f 5. First party will pay, when due and payable, all taxes, assessments and other chuges that may be levied or
~ assessed against said property, and all judgments and aU other amounts that may be or become a lien thereon.
6. First party will keep in good order and condition, preurve, and repair, rebuild and restote all terraces, buildings,
~ groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now -on raid land and
~ hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or otherwise, and will not permit
the change, injury ar remoral thereof, will not commit or permit waste on said land, and will not, except wilh the written
~ consent of second parry, cut. use or remove, or permit the cutting. use or removal of, any _timber or trees on sxid land for
~ sawmiU, turpentine or other uses or purposes, except for firewood and other ordinary fazm purposes. First party will also
preserve and keep in good order and condition all trees and timber now and hereaftet gtowing upon the said property, and
i will at aU 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 aU times properly fertilize, cultivate, care for, and maintain in a productive condition all the
grove and orchard trees now on said property or hereafter planted thereon. and wiU protect the goves and orchazds ~against
3 loss or damage by fire by making ~nd maintaining proper fuebreaks on and around said property, and by keeping
§ undergowth cut, to the satisfaction of second party and second party is hereby authoriud and empowered to have appraisals
of said property made by a Land Bank ~ppraiser, or by others~ at such times as second party, in its sole discretion, may desire.
~ The cost of such appraisals shall be paid by first party immediately upon presentation of an itemiud statement ihereof and
~ shall be sccured by this instrument.
8. Time is of the essence of above recited note, this instrument and of any other instrument evidencing
indebtedness secured hereby. If first party fuls to oomply with any covenant, condition or agreement in this instrument~ oc in
~ said note, or in any reamortization. renewal, deferment,- extension agreement or other instrument evidencing any
Y indebtedness secured hereby, second pany may. ~t its option. exercise any one oc more of the following rights. powers,
~ privileges and remedies:
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~ (a) Perform any one or more of the covenants of fust party in this instrument. in above recited note, or in any
~ other instrument evidencing any indebtedness secured hereby, and all sums advanad by second party in doing so
; shall be due and payable by first puty to second party immediately without notia. and shall be secured by this
instrument, and shall bear interest from the date of advance by xcond party at the highest rate provided in any note
or other instrument secured hereby.
f (b) Declue aU amounts secured by this instrument immediately due and payable without notice.
~ (c) Proceed immediately to foreclose this mortgage, and pursue such other cemedies as may be authorized by law.
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~ 9. As turther security for the p~yment of the note herein described and any other instrument evidencing '
~ indebtedness secured hereby and for the performance of all the terms. oonditions, and covenants of said note, said other I
~ instruments and of this mortgage. fust party hereby tcarafers, usigns, and sets over to second party all of the crops sown or
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