Loading...
HomeMy WebLinkAbout1921- --- - ---- - ------r- - -- - - ~ . ,~ The mortgagor certifies that the above described property is citrusland and is not his homestead, his residence being at: Route 5, Box 448, 1;t. Piorce, Fyqrida. TO HAVE AND TO HOLD, the said property. together w' 1 and singular the rights. memben. hereditaments~ and appurtenancas thereunto belonging or in any wise appertainiog, o second party. its successors and auigns. in fee ~imple lorever; and first party hereby binds himself (ituln. his (its) eirs. executo~s, administrators~ successors and assigns, to warrant and forever de(end said property unto second pa-ty. its successon and auigns, from and against fitst puty. the hein. executors. adminis~ntors, succeuors and assigns of first party and all other•persons whomsoever lawfuliy claiming or to claim tl-e sank or any part thereof. PROVIOED ALWAYS, NEVERTHEI.ESS. and it is the true intent and meaning uf the parties to these presents~ that if first party shall pay, or cause to be paid, unto second party, its sucasaors or assig~ns the total indebtedneu secured hereby, whetiur evidenced by note first abov~e described, future advance notes, or otherwise. wfth interest thereon as aforesaid, and shall perform all terms. conditions, and covenants accordipg to the true intent of said note. any other instrument herein~fter referred to, and this mortgage and any other instrument securing note first above described or other instrument evidencing indebtedness of first puty to second party. and comply with all the provisions of the Fum Credit Act of 1971 and all amendments thereto, uid with the regulations issueci and that may be iuued by the Farm Credit Administration. sll of which are hereby made a put hereof, then this mortg,age shall cease, determine. and be uttetly nuq and v~nid; otherwise it shall remain in full force and effect. FOR THE CONSIDERATION AFORESAID, first party covenants as follows: 1. First party is lawfully seized of said property in [ee simple and has a perfect right to convey same; there are no encumbrances or liens whatsoever on said property except this mortgage. 2. This mortgage shall also secure any future advances made by second party, at its option~ to fust puty, or one or more or all of them. u may be made during the time authoriud by law foc such advancx, PROVIDED THAT THE MAXIMUM AMOUNT SECURED HEREBY SHALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUM OF S 160, 000. 00--- • P~~ ~terest thereon, and any disbursements made for the payment of taxes. levies or insurana on the property covered by the lien oi this mortgage, with interest on such disbursements. ln the event of such adrana, the amount thereof shall be added to the mortgage debt. 3. It is further under3tood and agreed by all puties hereto that the execution by first party and the acaptana by second party of any notes. renewal notes or other instruments. or the agreement by second puty to any reamortiutions, exte~sions, determents ar other rearrangements as contemplated herein shall not be construed as payment of any indebtedness I~ereby secured. (whether or not. among other changes in terms, the interest rate or ntes renuin the same and/or time for payment is thereby extended or lessened), and shall not discharge the lien of this mortgage which is to remain in full force and effsct until the total indebtedneu secured hereby tiu been paid in full. All notes or other instruments contemplated herein sl~all remain uncancelled and in possession of second puty.its successors and auigns. onW the total inJebtedness hereby secured is paid in full. 4. First party will insure and kap insuced u may be required by second party from time to time all groves and orchards now on said property or that may hereafter be thereon ag,ainst lou or damage by fire~ windstorm. hail. irost, freeu, and/or other cawalty. and all buildings now on said property. and all building~ which may hereafter be erected thereon, against loss or damage by fire. hail, windatorm. and/or other casualty~ in such form~ wch amounts. and in wch oompany or companies as shall be satisfactory to sernnd party, the lou, if aay, to be payable to xcond puty u its interest may appeu at the time ot the loss. First pacty will deGver to second party the poGcy or poGcies of insurana with mortg,~ga clause attached thereto satisfactory to second party~ and will promptly pay when due aU premiums for such insuranoe. If any grore or orchard shall be destroyed or damaged by fire, windstorm, hail. froat, freeu. and/or other caswlty, the amount reaived in uttlement of the lou or damage may be applied at the option of second party on such part of the indebtedness securcd by this instrument as seoond Party may in its sote discretion determine. lf any btWding on said property so inwred shaU be destroyed or damaged. the amount received in settkment of the lou or damage may be applied at the option of fust party to the reconstruction or repau of the buildings so destroyed or damaged, subject to the regulations iswed or that may be iuued under the Farm Credit Act of 1971 or acts amendatory thereof or supplemenul thereto; any portion of the proceeds not so used shall b~ applied on the debt heret,y secured in such manner as second party, in iu sole discretion, may determine: 5. First party will pay, when due and payable. all taxes, assessrnents and other chuges that may be levied or assessed against raid property, and all judgments and aU other amounts that may be or beoome a lien thereon. 6. First party will keep in good order and condition, preservr~ ane repair, rebuild and restore all ternces. buildings~ groves, orchards, fences, fixtures. shrubbery and other improvements, of .every kind and nature, now on said lond and hereafter erected or placed thereon that may be destroyed or damaged by fire. windstorm or othenvise, and will not permit ~ the change, injury or remoral thtreof, will not commit or permit waste on said land. and will not, exoept with the written consent of second party, cut, use or remove, or permit the cutting~ use or removal of. any timber or trees on said land for sawmill. turpentine or other uses or purposes, except for firewood and other ordinary fum purpcnes. First pury will also prexrv~e and keep in good order and condition all trees and timber now and hereafter growing upon the said property. and will at all times protect the trees and timber against loas or damage by fire. all to the satisfaction of the second party. 7. First party wip at all times properly fertilize, cultivate. are for, and maintain in a productiv~e condition all the grove and orchard trees now on said property or hereafter planted thereon, and will protect the Boves and orchuds ag~inst I~ss or damage by fire 6y making and maintaining proper fuebreaks on and around said property, and by keeping undergcowth cut, to the satisfaction of second party and second puty 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 puty, in its sole discretion, may daire. The cost of wch aPpraisals shall be paid by first puty immedutely upon presentation of an itemiud statement thereo! and shall be secured by this instrument. 8. Time is of the essence of abov~e recited note~ this instrument and of any other instrument evidencing indebtedneu secured hereby. If first party fails to comply with any covenant~ condition or agceement in this instrwnent, ot in said note~ or in any reamortization, renewal, defermenC. extension agreement or other instrument evidencing any indebtedness secured hereby~ second party may. at its option. exercise any one or mote of the following rights, power:, privileges and remedies: (a) Perform any one or more ot the oovenants of fust party in this instrument. in above recited note, or in any other instrument evidencing ~ny indebtedneu secured hereby, and all wms advanoed by second patty in doing so shall be due and Qayable by fintparty to second Qarty immediately without notioe, and shaU be secured by this instrument, and shall beu interest from the date of advance by tecond puty at the highest nte provided in my note or other instrument Kcured hereby. (b) Declare all amounts secured by this instrument immediately due and payable without notice. (c) Proceed immediately to foreclose this mortgage. and pursue wch other remedies as may be authoriud by law. ~ ;; 9. As turther security for the payment of the note herein described and any other instrument evidencing indebtedness secured hereby and for the performancx of all the terms. conditions, and covenants of said note. said other S ;' instruments and of this mortgage, Grst party hereby transfers. auigns~ and sets over to second party all of the crops sown or ~~;K :347 P~GE 1915 ; ~ _ _~