HomeMy WebLinkAbout0027TO tiAVE AND TO HULD, the said property, together vvith all and singular the rights, me~abers, hereditaments, and
appurtenances thereuntu belongu~g ur in any VYISC 3~1~)CfI:11i1111B, untu second party, its successors and assigns, in fee simple
forevrr, and first pa~ty I-ereby binJs himself (~tseln, ius (its) heirs, etecutors, administraton. successors and ass~g~s, to
w~rrant :+nd fo[ever dctend s:~id pruperty unto second party, its surcessurs anJ ass~gns, ~rom and against fitst party, the heits,
~xccutu~s, adniinistr~turs, w«essors and assigns ui first party and all ulhcr ~rsuns wh:misoevcr lawfully clainung or to claim
tlir s:~mc or any part thercof.
nui~~~mcn •~ ur~ vc UCVCDTII[:1 CCC ..i . ~.1... . ....,..~ .....~ . .,:n.. nf ~6n r,art:ae tn threv nrrewnte ~h~l
.'..:L~i:~.i:.iLx:.~:_:~.~.L:...:'.::::..~~.~.:.-~.ti:~.'::.::~::n•:""'~"'_.'___~~a~___.. _ .. . ___ ...... ...... ..._
if first part~• sh~ll pay, or rause w bc p:+id, unto setund pa~ty, its suecessors or ass~gns tl~e total indebtedness secured hereby,
whrther rv~denced by nute first abuve dexribed, fuwre advance nutes, or otherwise, with interest thereon as aftiresaid, and
sh~ll pcrfu~m all terms, cunditiuns, and ruven~nts a~curd~ng to the ~rue intent of said note, any other instrun~ent hereinafter
relrrred to, and th~s nwrtgage and ~ny utt-er instrument secur~nF n.~tc tirst ~hove described or other instrument evidencing
~ndebtedness of first party tc~ second party, and comply with all the provisions of the Farm Credit Act of 1971 and all
~mendments thereto, and with tt~e regulations issued and that may be issued by the Farm Credit Administration, ap of which
are hereby maJe a part hereol~, then this mortgage shaU ceast, determine, and be utterly null and void; otherwise it shall
remain in full force and effect.
FOR THE CUNSIDCRATION AFORESAID, first part~~ ro~enants as failow~s:
1. Fust party is law•fully sened ot s:-id property m fee simple and has a perfect rip,ht to convey same; there are no
eneumbr~nces or licns w~hatsoever un said property ex~ept ttus mortgagc.
2. This nx~rtgage sh~ll also secure any~ future advances made by second party, at ~ts option, to first party, or one or
n~ore or all of them, as n~r~• be made du.ing the time authorized by law for such advance, PROVIDED THAT THE
`fAXIMU~I A~fOUI~T SECURED HEREQY SHALL NOT AT ANY ONE TIME EXCEED THE PRINCIPAL SUM OF
S 260 , 000 . 00 , p~us interest thcreon, and any d~sbursements made Cor the payment oi taxes, iev~es or insurance on ~ne
{~ropert}~ covered by the lien of th~s mortgage, with interest on such disbursements. In the event of such advance, the amount
tl-creof shall be added to the murtgage debt.
3. It is further underste~od and agreed by atl parties hereto that the execution by first party and the acceptance by
serond party of ar.~~ notes, renewal notes or other instruments, or the agreement by second patty to any reamortizations,
extens~ons, defennents or other rearrangements as contemplated herein shall not be construrd as payment of any
indebtedness hereby sccured, (whether or nut, among other ct-anges in terms. the interest rate or rates remain the same
snd(or time for payment is thereby extended or lessened), and sl~all not discharge the lien of this mortgage Which is to remain
in full force ~na eliect until tlie total indebtedness secured hereby has been paid ~n full. All notes or other insttuments
runtemplated herein s!-all rema~n u~cancelled and in possession of second party,~ts successors and assigns, untii the total
indebtednrss hcreby secured is paid m full.
4. First party will insure and keep insured as may be required by secor!d party trom time to time all greves and
urchards nuw un sa~d pruperty or that may hereafter be thereon agamst loss or damage by tire, windstorm, hail, frost, freeze,
a~edjur other casualty~, :~nd a~l buildings now on said property, and all buildings which may hereafter be erected thereon,
against loss or damage by fire, ha+l, vv~ndstorm, and/or other casualty, in such form. such amounts, and in such company or
compan-es as st-all be sat~sfactory to seconu patty, the Ic~ss, if any, te be payable to second party as its interest may appear at
the time ~f the loss. First party w~ll Jelrver to secund party the policy or poGcies of insurance with mortgagee dause attached
thereto satisfactory to second party, and will promptly pay when due all premiums for such insurance. If any grove or
urchard st~all be destroyed or danaged by fire, windstorm, hail, frost, freeze, and/or other casualty, the amount received in
settlement o( the loss or damage may be appl~ed at the option of second part~ on such part ot the indebtedness secured by
ti~is instrument as second party may in its sole discretion determine. lf any building on said property so insured shall be
destroyed or damaged, the an~ount rPceived in settlement of the loss or damage may be applied at the option of first party to
the reconstruction or repair of the buildings so destroyed or damaged, subject to the regulations issued or that may be issued
under the Farm Credit Act of 1971 or acts amendatory thereof or supplemental thercto; any portion of the proceeds not so
used shall be applied on the debt hereby secured m such manner as second party, in its sole discretio~, may determine_
• 5. Eirst party will pay, when due and payable, all taxes, assessments and othet charges that may be lev;ed or
assessed against said property, dnd ali judgments and all other amounts that may be or become a lien thereon.
G. First party w~ll keep in goud oTder and condition, preserve, and repair, rebuild and restore all terraces, buildings.
gruves, orchards, fences, t7xtures, shnbbery and other improvements, of everv kind and nature, now on said land and
hereatter erected or place~! thereon that may be destroyed or damaged by _fire, windstorm or otherwise, and will not permit
the change, injury or removal thereof, will not commit or ptrmit waste on sa~d land, and will not. except with the written
~onsent of second party, cut, ~se oE ren~ve, or pernut the cutting, use or removal of, any timber or trees on said land for
ww~in~ll, turpentine or other uses or purFwses, cxcept (or firewood and other ordinary farm purposes. First party will also
preserve and keep in go~xi ordcr and condition all trees and timber now and hereafter growing upon the said prope!ty, and
will at all t~mes protect the trees and t~mber against loss oc damage by fire, all to the satisfaction of the second parry.
7. Pirst party wii! a: a~l .~rnzs proper{r- fertilize, cultivate, care for, a~d maintain in a productive condition all the
gruve and orchard trees now on said prupert~ or he~eafter planted thereon, and w~ll protect the groves and orchards agamst
luss or damagz by fire by makmg and nainta~ning proper firebreaks on and around said property, and by keeping
undergrowth cut, to the satisfaction of second party and se~ond party is hereby authorized and empowered to have appraisals
uf said property made by a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire.
'f1-e cost of such appraisals shall be paid by first party immediately upon presentation of an itemized sta:ement thereof and
shall be secared by this instrument_
8. ?ime is of the essence of above recited note, this instrument and of any other instrument evidencing
~ndebte~ness secured hereby. lf first party fails to comply with any covenant, condition or agreement in this instrument, ar in
said , n~te, or in any reamottization, renewal, deferment, extension agreement or other instrument evidencing any
indebtedness secured hereby, second party may, at its option, exercise any one or more of the following rights, powers,
pnv~eges and remed~es:
(a) Perform any one or more of the covenants uf first party in t~is instrument, in above recited note, or in any
other instrument evidencing any indebtedeess secured hereby, and all sums advanced by second party in Joing so
shall be due and payable by first party to second party immediately without notice, and shall be secured by this
mstrument, and shall bear interest from the date of advance by second party at the highest rate provided in any note
or other instrument secured hereby.
(b) Declare all amounts secured by this instrument ~mmediately due and payable without notice. .
(c) Proceed immediately to foreclose this motty,age,.and pursue such other remed~es ax may be authorized by law.
9. As further security for the ~ayment of the note herein described and any other instrument e~~dencing
indebtedness secured hereby and for the perfotmance of all the terms, conditior~s, and covenants of said note, said other
instruments and of this mortgage, first party hereby transfers. assigns, and sets over to second party all of the ctops sown or
~~,~x351 ~~~E 27 II
,
. . _- - ,~ ~` _
_ .-~ _ ..,~~~