HomeMy WebLinkAbout0620 TOGETHER WITH all judgments, awards of damages and settlements
hereafter made. as a result or in lieu of any taking of. the premises
or any kart 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.
MORTGAGOR does further mortgage, transfer, set over, assign
and pledge unto Mortgagee all crops now growing and hereafter grown
on the mortgaged premises, hereby giving and granting unto Mortgagee
a first and prior lien and security interest therein, provided,
however, that. such lien and security interest shall be and is
hereby made expressly subject and subordinate to any crop lien,
crop mortgage or security interest encumbering crops which come
into existence prior to the institution of a suit or action in a
court of competent jurisdiction for the foreclosure of this
Mortgage and Security Agreement ("Mortgage"), the provisions of
clause 10 hereof notwithstanding. Any such crop lien; crop
mortgage or crop security interest shall not, however, be a lien
prior to this Mortgage on any crop .coming into existence subsequent
to the institution of said suit or action. "Come into existence"
and "coming into existence-" shall, for the purpose of this Mort-
gage, mean bloom in the case .of crops from perennial plantings
and orchards, and shall mean planting in the case of crops from
annual or more frequent plantings. Nothing herein•contained,
however, shall operate to_subordinate the lien or security in-
terest of this Mortgage as affecting trees or otter perennial
- plants but shall so operate as to the crops harvested therefrom.
TO HAVE AND TO HOLD the•above granted and described premises
unto Mortgagee, its successors and assigns forever.
Mortgagor hereby covenants that Mortgagor is indefeasibly. .
seized of the Mortgaged Premises in fee simple; that Mortgagor is
in actual possession thereof and has full power and lawful right
to convey the same in fee simple as aforesaid; that-it shall be
lawful for Mortgagee at all times to peaceably and quietly enter
upon, hold, occupy and enjoy all of the Mortgaged Premises; that
the Mortgaged Premises are free from all encumbrances except as
f aforesaid; that Mortgagor will make such further assurance to
I prove Mortgagor's fee simple title as may be reasonably required
I and'-that Mortgagor will and shall fully warrant and defend the
title to the same unto Mortgagee against the lawful claims and
demands of all persons whomsoever.
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~ PROVIDED, ALWAYS, that these presents are upon the express
condition that if Mortgagor shall pay unto Mortgagee the sums of
money as provided in the promissory note aforesaid and any exten-
sions or renewals thereof and interest thereon, at the time and
in .the manner therein provided,~whether in due course or under any
covenants or stipulations herein contained, and, shall pay all other.'
indebtedness or liabilities secured hereby and shall well and truly _
keep, perform and comply with all the covenants, agreements and
stipulations herein contained, then the estate hereby granted, j
bargained, sold and conveyed shall cease and determine; otherwise
these presents shall be and remain in full force and effect.
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And Mortgagor hereby jointly and severally covenants and
agrees to and with Mortgagee as follows: ,
1. To pay all sums secured hereby when due.
~ 2. To pay all taxes and assessments at any time imposed, {
levied or assessed on the Mortgaged Premises or the-indebtedness
secured hereby, or the Mortgagee's interest in the Mortgaged
Premises before they become delinquent (and produce receipts there-
for upon demand), and any claim, lien or encumbrance against the
~ Mortgaged Premises which may be or become prior to this mor-tgage.
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