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Home My WebLink About2047 ~ i : - _ - - ~ . ' ~ i ~ L ~ ' ' ` . ~ 1 ~ . l I ~ ` t . ' ' t TO HA~~E r\ND TU I IOLU, tlte said pr~pc~ty, tc~gcthcr with all and singulsr thc ribhts, mcmbcrs, hcrcditamcnts, and ; appurlei~ances ihercunt~~ l~elunging or in an~~ ~~~ise ap{x~rtainiiig, i::uo second party, its successors an~ assigns, iu fce simple furever, and first party I?e~eby binJs hinuelf (itseln, his (its) heirs, executurs, administr:itors, successors and assigns, ta warrant snd forevcr defend said prupett)~ unt~i_ sec~~nd party, its surcessors and assigns, froizi aiid agaii}st t'irst party, tlic hcirs, ~xeeutors, administ~alors, successurs and assigns ~~f lirst party and all other ~x~rsuns whuiiuoever la~~~fully clainting or to elain~ ; thc saii~c or aitiy part thcrcof. ~ ` - - f ~ PROVIDED AI.WAYS, NEVERTIlE.LI~SS, and it is the truc intent and mcaning of 1he parties to these ~~resents, that . f - if ~rst party shal) pa~~, or cause to be paid, unto second party, its s~ucessors or assigiis the total indebtedness secured hereby, ? whether cvidenccd by note first above desrribed, futurc ad~~anc~ nates; or othcrwise, with intcrest tt~ereon as aforesa~d, and shall perConn all ternu, conditions, and covcnants accurding ta the true intent of said :~otc, any ~~ther instrument hereinafter referred to, and this nwrtgage and any other instrument securing note first abavc described or uther instrument evidencing > indebtedness ot Crst parry to second parly, and comply witli all the provisions of the Farm Credit Act of 1971 and all ! " amendments thereto, and witti tlie regulations issued and that may be issued by tl~e Farm Credit Administration, all of which , - are hereby made a part hereof, then this mortgage shall cease, determinc, and be utterly null and void; ofher~vise it shall ; - remain in full force and effect. - ~ ~ , _ i . FOR THE CUVSIUERATION AFORESAID, first party covenants as 1'ollo~vs: - 3 _ - ~ 1. First party is lawfully seized of said property in fce simple and has a perfect right to ~onve~~ same; tl?crc are no ~ encumbrances or liens whatsoever on said property except this martgage. ~ : 2: This mortgage shall also secure any future advances made by second pa~ly, at its option, to ~rst party, or one ar more or all uf them, as n~ay bc_. n~ade during the time authorized by. law for such advance, PROVIDED THAT THE Mr1XIbfU~t AAfOUNT SECURED HEltEE3Y SHALL NOT AT ANY ONE TIti1E EXCEED TtIE PRINCIPAL SUAf OF ~ S~~~~~ plus interesi tltereon, and any disbursements made for the payment of taxes, levies or insurance on thc : ro ert covered b~he l~en of this mort a with interest on such disbursements. In the event of such ad~~ance, the aniount ~ P P ~ ~ ~ ~ thereof sl~all be added to tl~e niortgage debt. ~ - ~ 3. It is further understood and agrecd by atl parties liereto that ttie execution by first party and tlie acceptance by { second party of. any notes, renewal notes or other instru~ients, or the agreement by second party to any reamortizations, ~ extensions, deferments or .other rearrangements as contemplated tierein shall not be construed as payment of any - indebtedness h~reby secured, (whethcr or nut, among other changes in terms, 1he intecesl rate or rates remain the same i _ andJor tin7e for payment is thereby ertended_or lessened), and shall not discharge the lien of this mortgagc ~rvhich is to remain in full force and effect until tlie total indebtedness secured liereby has been paid in full. All notes or ot}ier instruments ! contemplated herein sl~all remain uncancelled and in poss~ssion of second party,its successors ancl assigns, until the total ~ ` indebtedncss hereby secured is paid in full. ~ - ~ ? 4. First party will insure and keep insured as may be required by second party from time to time all groves_ and orchards now on said property or that may hereafter be thereon abainst loss or damage by fire, windstorm, hail; frost, Geeze, ' i and/or other casualty, and all buildings now on said property, and all buildings which may hereafter be erzcted thereon, - i - against loss or damage by fre, 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 party as its interes3 niay appear at ~ the time of the loss. First p3rty wilt deliver to second party the policy_or policies of insurance with mortgagee clause attached ~ thereto satisfacrory to second party, and will ~romptly pay when due all premiums for such insurance. If any grove or = ~ archard shall be destroyed or dan~aged by fire, windstonn, hail, frost, freeze, and/or other casualty, the anzount receir•ed in ~ settlement of the loss or damage may be applied at the option of second party on such part of the indebtedness secured by ~ ~ this instrument as second party may in iis sole discretion determine. If any building on said property so insured shall be # destroyed or damaged, the amount received in settlement of the loss or damage may be applied at the option of first party to . ~ _ tlie reconstruction or repair of the buildings so dcstroyed or damaged, subject to tite regulations issued or that may be issued ~ under tha Farm Credit Act of 1971 or acts amendatory tf~e~eof or supplementat thereto;any portion of the proceeds not so . used shall~be applied on the debt hereby secured in such manner as second party, in its sole discretion, may determine. , 5. First party will pay, when due and payable, all taxes, assessments and other charges that may be levicd or ' assessed against said property, and alt judgments and all other amounts that may be or becoine a lien thereon. , 6. - First party K711 keep in good order and condition, preserve, and repair, rebuild and restore atl terraces, buildings, groves, orchards, fences, Gxtures, shrabbery and other improvements, of every kind and nature, no~~- on said land and tiereafter erected or pl~ced thereon that may be destroyed or dar~aged by fire, windstorm or otherwise; and will not permit = the change, injury or removal thereof, will not conunit or permit waste an said la~d, and will not, except with the writien i eonsent of second party, cut, use or remove, or penYUt the cutting, use or removal of, any timber or trees on said lnnd for sawnull, turpentine or other uses or purposes, except for firewood and other ordinary farn~ purposes. First patty will also i preser~e and keep in good order and condition all trees and timber now and hereafter growing upon the said property, and : _ ~viil at all times protect the trees and timber against loss or damage by fire, all to the satisFaction af the second party. . . ~ ~ ~ 7. First party will at all times properly fertilize, cultivate, care for, and maintain in_ a productive condition ali the ` ~ grove and orchard trees now on said property or hereafter planted thereon, ard wi(I protect the groves and orchards against ~ ~ loss or damage by fire by making and maintaining proper tirehreaks on and around sa;d ~;roperty, and by keeping ` ; ~ ur,dergrowth cut, to ihe satisfaction of second party and second party is he.eby authorized and empowered to have appraisals > ~ of said propzrty made by a Larid Bank appraiser, or by others, at such times as s~coad party, in its sole discreiion, may desire. ~ ~ The cost of such appraisals shall be paid by first party immediately upon presentation of an itemized statement theteof and ~ ; shall be secured by this insUument. ~ ~ 8. Time is of the essence of above recited note, this instrument and of any other instrument evidencing E indebtedness secured hereby. If first party fails to comply with any covenant, condition or agreement iri this instr~iment, or in ~ ~ said note, or in any reamortization,-renew~al, defer~nent, extension agreement or other instrument- evidencing any indebtedness secured hereby, second party may, at its option, exercise any one or more of the follo~xing riy,hts, powers, ~ ~ ~ privileges and remadies: - _ ~ f ~ f (a) Perform any one or more of the covenants of first party in this instrument, in above rec6ted note, or in any f - other instrunient evidencing any indebtedness secured hereby, and all sums advanced by second party in doing so s shall be due and payable by first party to second party immediately without notice, and shafl be secured by this ~ instrument, and shall bear interest from the date of advanze by second party at the highest rate provided in any note or other instrument secured hereby. . ~ ~ ' (b) Declare all amounts secured by this instrumeni immediately due and payable without notice: ~ (c) Proceed imme~iately to ~'oreclose this mortgage, and pursue such other remedies as may be authorized 'oy law. ~ - ~ ~ . 9. As further security for the payment of the note herein described and any other instrument evidencing ~ indebtedness secured hereby and for the performance of all the terms, conditions, and covenants of said note, said other _ ~ instruments and of this mortgage; tirst party hereby trans~ers, assigns, and sets over to second ~rarty all of the crops sown or ~ - - BOOK ~:t7e7 PACE~?U'tJ ~ ~ " ~ ~ . -