HomeMy WebLinkAbout1834 {
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drainage rights, waters, water courses, water rights
(whether riparian, contractual, appropriative, prescrip-
tive or otherwise) and powers,- and all estates rights, _
titles, interest, privileges, liberties, tenements, here-
ditaments, and appurtenances whatsoever, in any way
belonging, relating or appertaining to any of the property
herein described, or which hereafter shall in any way
belong, be related or be appurtenant thereto, whether now
owned or hereafter acquired by Mortgagor, and the
reversion and reversions, remainder and remainders, rents,
issues, profits thereof, and all the estate, right, title,
interest, property, possession,- claim and demand whatso-
ever at law, as well as in equity, of Mortgagor of, in and
to the same, including, but not limited to, the rents,
profits, issues and revenues of the Mortgaged Property
from time to time accruing, whether under leases or
tenancies now existing or hereafter created; and all {
judgments, awards of~damages and settlements hereafter ~
made resulting from condemnation proceedings or the taking
of the premises or any part thereof under the power of
eminent domain, or for any damage (whether caused by such ~
taking or otherwise) to the premises or the improvements
thereon or any part thereof, or to any rights appurtenant
thereto, including any award for change of grade or _
streets.
TO HAVE AND TO HOLD the Mortg aged Property and
all parts thereof unto Mortgagee, its successors and
assigns, to its own proper use, benefit and behoof
forever, subject however to the terms and conditions
~ hereof;
i
PROVIDED, HOWEVER, if Mortg agor shall pay or
cause to be paid to Mortgagee the principal and interest
payable in respect to the Note, at the times and in the
manner stipulated therein and herein, all without any
deduction or credit for taxes or other similar charges
paid by Mortgagor, and Mortgagor, Ojai Hawaii Corporation,
Carl F. Huntsinger and William G. Myers shall keep,
perform and observe all of the covenants and promises in
the Note, and any renewal, extension or modification _
thereof, and in this mortgage and the other documents and
agreements secured hereby agreed to be kept, performed and
observed, then this mortgage, and X11 the properties,
interest and rights hereby granted, bargained, sold,
aliened, remised, released, conveyed, assigned, trans-
ferred, mortgaged, hypothecated, pledged, delivered, set
over, warranted and confirmed, shall-cease, determine and
be void, but shall otherwise remain in full force and
effect.
AND Mortgagor covenants and agrees with Mortgagee:
1. To perform, observe and comply with all
terms, conditions, provisions, covenants, promises and
agreements hereof and of and in the Note, and to punc-
tually and timely pay to Mortgagee all sums of money, both
principal and interest, evidenced by the Note and all
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a~x317 P~E1831