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Home My WebLink About0951 I i. ~ . _ _ _ i ~ . . , ! ~ ~ ~ ~ ~ I TO 1 iAVti AN[) TO I IUI.I), thc said propcrty~, tc~gcthcr with all and singular thc rights, mcmhcrs, hcrcditaiiicnts, :~nd ~ appurtcnan«s lhcrci:ntu hcl:~nging ur in .iny ~~~isc apE?crl:~ining, untu sccund party, ils su~ccssurs :ind assigns, in fcc simplc i t~urcvcr, and iirst pa~ly hcreby binJs himscli (itscll), his (its) hcirs, exccuturs, .idministrators, succcssors an~i assigns. ta ~ I ~~~arrant and furever defend said prupert~~ untu ser~md party, its sur~cssurs and assigns, fron~ ~nd against lirst pa~ty, thc hcirs, ~ I cxcruturs, administraturs. success~~rs and assigns ~~1 lirst party .+n~l all uthcr Ekrsuns ~~~humsocvcr la~rfull~~ claiming o~ t~i claim f IIIC S.1111C l)f 1lly part thcrcof. + . ' 1 PROYIUED ALIVAYS, NEVERTHELESS, ~nd it is thc truc intcnt ana meaning of' thc partics to thcsc presents, that if t`irst part~~ shall pay, ur catise to be pai~l, unta second party, its successors or assigns th~ total indebtedness securd hereby, ~ I wh~ thcr cvidenccd by nate first ab~~ve ~lcscribed, future advancc ne~tes, ar otherwise, ~vith interest thereon as aforesaid, and ; I shall p~rfor?n aU ternu, rondi~ions, and ~ovenants a~~«~ra?~~~; c~~ ~r ~~a ~~~<<, any c~ther instrument hereinafte[ ~ t rcterred to, and tliis morigage and any c~ther instrument securing nute tirst :~bo~~e desrribed or othe~ instrument evidencing ~ indebtedness of first party to secund party, and comply with all the provisions of ihe Farrn Credit Act af 1971 and all amendments thereto, and with the regu(atians issued and that ~s~ay be issued by the Farm Credit Administration, aU of which ; are }ieteby made a part }iereof, then this mortgagc sliall rease, determine, and be utterly null and void; utherwise it st~a!! ; remain in full force and effect. . ~ s # E~OR THE CO\SIDEItATION AFORESAID, first party covenants as follows: I . ~ 1. First party is law:ully seized of ~aid property in fee simple and lias a perfect right to convey same; there are no . ~ en~umbrances or liens ~vhatsoe~•~r on said p•operty except this mortgage. _ ~ 2. This martgage shaU also secure. any future advanc~s made by second party, at its option, to first pa~ty, ur one or ~ more or all uf them, as may be made during the Iime authorized by law for s~~ch advance, PROVIDED THAT THE ~ b1AX1~fUA1 AR10UhT SCCUREU HERE:BY SFiALL NOT AT ANY ONE TIMC E\CE~D TtiE PRINCIPAL SUI~f OF ~ S 250 000. 00 ~ P~us ir~terest thercon, anil any disbursements made for the payment ot taxes, levies or insurar:ce on the ~ prope.rty covered by the lien of th;s nwrtgage, with interest on such disbursements. In tlie event ot st!ch advance, the amount ~ tl~ereof shall be-added to the mortgage debt. ~ ; - 3. It is Purthec understoad and agreed by all parties hereto that the execution b~• first party and the acceptance by ~ I ~ second party of any notes, renewal notes or other instruments, or the agreement by second party to any reamortizations, ~ eYtensions, deCerments or other rcarrangentents as contemplated herein shall not be construed as payment of any I indebtedness hereby secured, (~vheth:r or not, among uther changes in terms,: the interest rate or rates remain the sa~ne ~ andJor time for paymen~ is thereby extended or lessened), and shall not discharge the lien of this mortgage ~vhich is to remain ~ in full Corce and effect until the total indebtedness seeured hereby has been paid in fu1L All notes or other inslrumems ~ . ~ contemplated herein shall ren~ain uncancelled and in possession of second party, its successors and assigns, until the total I ~ indebtedness hereby secured is paid in full. ~ ! 4. First party will insure and keep insured as may be required by ~second party G~m time to time all groves and orchards now on said property or that may hereaftcr be thereon against loss or damage by fire, windstonn, hail, frost, Geeze, ~ _ and!or other casualty, and all b~~ildings now on said property, and all 6uildings which may hereafter be erected tliereon, j agai~~st loss or damage by fire, :;;::s, windstorm, and/or other cas~alty, in such form, such amounts, and in such company or ~ companies as shall be satisfactorj• to ~;~~nd party, the loss, if any, to be payable to second party as its interest may appear at ~ ~ ~ the time of the loss_ First party will detiver to second party the policy or policies of insurance with mortgagee clause attached ~ ~ thereto satisfactory to second party, and will promptly pay when due all premiums for such insurance. If any grove or ~ orchard shall be destroved or dan~aged by fire, windstonn, hail, frost, freeze, and/or other casualty, the amount received in ` settlement of the loss or dan~age may be applied at the option of second p~cty on such part of the indebtedness secured by ~ ihis instrunient as second party may in its sole Qiscretion determine. If any building on said property so insured shall be : destroycd or damaged, the amount received in settlement of the toss or damage may be applied at the option of Crst party to ~ i ~I the reronsiruction or repair of the buildings so destroyed or damaged, subject to tl~e regulations issued or that may be issued ~ under the Farm Credit Act of 1971 or acts amendatory thereof or supplemental tl~ereto; any portion of the proceeds not so ~ i' used shali be applied or, the debt hereby secured in such manner as se:,ai~d party, in its sole discretion, may determine. - _ ~ 5. First party will pay, when due and payable, all taxes, assessments and other charges that may oe levied or ~ assessed against said property, and all judgments and all other amounts tnat may be or become a tien thereon. ~ ~ ~ 6. Firsi party will keep in good order and condition, preserve, and repair, rebuild and restore all terraces, bui~dings, ~ ' groves, orchards, fences, fixtures, si~rubbery and other improvements, of eveiy kind and :iature, now on said land and . hereafter erected or placed tt~ere~n 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 permit waste on said land, and wili ~ot, except with the written ~ ~ consent of second party, c;it, use or remove, or permit the cutting, use or removal of, any timber or trees on said land for ~ sawmill, turpentinc or other uses or purposes, except for firewood and other ordinary tarm purposes..First party will also , ~ preserve 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.ti~e trees and timber againsi loss or damage by fire, all to tt~e catisfactior.-of the second party. _ , 7_ First party will at all times properly fertilize, cultivate, care for, and maintain in a productive condition all the I grove and c.~rchard trees now on sa~d property on c~reafter planted thereon, and will protect the groves and otchards against - ~ ~f loss or dan~ge by Tire b}• making and maintaini~g proper firebreaks on and are~~nd said property, and by keeping : ~ undergrowth cut, to the satisfaclion of second party and second party is hereby authorized and ?mpowered to have appraisals ~ of said property made b~r a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire. f- The cast of such appraisals shall be paid by Crst party immediately upon presentation of an itemized statement thereof and - shall be secured by this instrument. - . _ ~ = ~ 8. Time is of the essence ~f above recited note, this instrument and of any other instrument evidencing ; indebtedness recured hereby. Ii first party fails to comply with any covenant, condition or agreement in this ins!rument, or in : said note, or in any reamortization, renew~al,. defermer.t, extension agreeme~t o~ other instrument evidencing any ~ ~ indebtedness secured l~ereby, second party may; at its aption, exercise any one or more of the foilowing rights, powers, ~ ~ nrivileeQS and rernecl~es: _ _ ~ ~ (a) Perform any one or more of the covenants of ~rst party in this instrument, in above recited note, or in any ~ 1 other instrument evidencing any indebtedness secured hereby, and all sums advanced by second party in doing so ( _ sha[I be due and payable by first party to second party immediately witl~out notice, and shall be secured by t~is _ ' instrument, and shall bear interest from the date of advance by second pa~ty at tiie highest rate provided in any note - or other instrument secured hereby. (b) De~lare all amounts secured by this instrument immediately duc and payaEle without notice. ~ ~ ~ (c) Proceed immediately to fore~lose this mortgage, and pursue such other remedies as may be autho:ized by.law. ~ I i 9. A$ further se uri ~ ~ c ty for the payment of the note herein described and any otlier inatr~ment evidencing ! ~ indebtedness secured hereby and for the performance of all ihe terms, co~-:ditions, and covenants of said note, said other i - _ instruments and af this mortgage, first party hereby transfers, assigns, and sets over to second party all of ~he crops sown or ! ~ ~ - - 1 ~ . - • . U R - 600K ~ ~ PAGE - ~