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Home My WebLink About2298 hlORTGACOR D06'S FURTHER mortgage, transter, aet over, assign and pledge unto Mortgagee all crope now growing and hereafter grown on the mortgaged premises, hereby giving and granting unto Mortgsgee a fimt and prior hen thereon, provided, however, that auch lien shaU be and is hereby made expressly aubject and eubordinate to any crop lien or crop mortgage encumbering crops which come into existence prior to foreclosure esle az pmvided by thie mortgage, the proviaiona of clause 10 hereof nothwlthstAnding. Any auch cr~p lien or crop mortgage ehsil not however~ bo a lien prior to this mortgage on an~ croR comin~ into existence subsequent to said foreclosure aale. "Gome into °1~:13~°i1C8~~ 8li(~ ~~COL'tlIla° lT1~~J B'.El9t8I1~E' °}I£!!~ fn2' t_.@ p~~*p4Q4 QI ~~tIH mart-gage, n~et~n hlcx~m lil ~}:t CA$B Ot CTVIfE ~1'Olri perennial pIsntinga and orchards, and shall mean plsntinR in the case of craps from unnual or more irequent plant- m~. Nothing herein contained, however, shall operate to aubordinate the lie~ of this mortgsge as affecting treea or ott~er per~nnisl plants but shell ao operate as to the crops hnrveatecl theretrom. 1~0 HAVE` ANf7 fi'U F(OLD the above granted and describec~ premises unto I+iortgagee, its euccessors and asaigns forever. Diortgagor hereby covenants thst riortgagor is indefeasibly seized of the lliortgs~ed Premises in fee simple; that I?iortga~or is in actual possession thereof and has full power and lawful right to convey the same in fee etmple as aforesa~d; that it ahall be lawful for Mortgagee at all times to peaceably and yuietly enter upon, hold, occupy and enjoy all of the biortgaged Premisea; that the Mortgaged Premises arc free from alt incumbr$nces eYCept ua afor~- said; th~t Diortgagor will make such further assurance to prove I?iortRa~or's fee simple title as may be reasonably required and that binrtgagar will and shall fully «•arrant and defend tlic titlc to the same unta I?iortgagee againa! the lawful claims and demands of all persons whomsoever. PROYIDF,D, A1,{i'AYS, and these presents nre upon thc expre~s condition that if hiortgagor shall pay unto Dtortgagee the sums of money as provided in the promissury notc afore;aid nnd any extensions or renewals thereof and interest thercon, st the time and in the manner therein }~ro~~ided, whether in duc course or under any covenants or atipu- latinns herein contained, and shalt pny all other indebtedness ar liabilities secured hereby and shall well and truly keep, perform and comply with all :he covenan~s, afireements and stipulations herein contained, then the estate hereby granted, Uargained, sold and conveyed shall cease and determine; other~~•ise these presents shall be and remain in full force and effect. And Dtortgagor hereby jointly and severally cor•enants and aRrees to and with biortgagee us follon•s: 1. To pay all sums secured hereby u•hen due. 2. To pay al! taxes and Assessments at any time imposed, levied or assessed on the :Iiortgaged Premises or the indebtedness secured hereby, or the biortgagee's interest in the mortgaged premises before they become delinquent (anc! produce mceipts therefor upon demand), nnd any claim, lien or incumbrance against the ~iortgaged Premises which may be or become prior to this mortgage. ~r -3: -Ii-th~ . . . . . . ~ , E _ IIr irittg-tfit-~e~*--attd-co}4ectiam-af-tmces in-pflymcnb-4~ereof; tht-note-~ttreby-aeeate~ ~ ~ , ' , nTg-anything-eotttsit[~d iTt-s , , ~f y 4. To keep the biortgaged Premises other than land continuously insured against losa by fire and such other hazards as mny from time to t~me be rec~uested by D1ortKagee in companies and in amounts in each company as may be approved by and be acceptsble to biortgagee; all insurance policies shall contain the usual standard mortgagee clausa making the loss payable, without contribution, to Diortgagee as its interest may appear, and ahell be delivered piomptly to and held by hiortgagee. Not less than ten days in advance of the expiration of each policy, to deliver - to biortgagee a renewal thereof, together with receipt for the premium of such renewal. The proceeds of any such insurance or any part thereof may be applied by Diortgagee at its aption, either to the indebtedneas hereby secured . or to the restoration or repair of the property damsged. b. That 2dortgagor (i) will not remove or demolish nor alter the design or etructural character of any building now or hereaiter erected upon the premises unless biotgagea shall first consent thereto in writing; (ii) v~ill maintain • the premises in good condition and repsir; (iii) will comply with all laws, ordinances, regulationa, covenanta and ' restrictions affecting the ~remises, and a-ill not auffer or permit any violation thereof; will furniah such information respecting use an~ operation of the premises as Mortgagee may from time to time demand. 6. That biortgagor (i) will not commit or suffer waste of the premises or impairment in any manner oi the agricultural value of the land and without limiting the generality of the foreRoing, wiil cultivate, irrigate, fertilize, . spray, prune, re~lant orchards and citrus groves, keep the non-timber land free from foul and noxioue weeds, bruah : and other undes~ruble~ growths, provide for stock aelection, crop rotation, drainage, prevention of eroaion and pasture i . f i_"_L'_~_" ~_J L _ _ _J __aL_.1_ _ _'.:L'.~._1 .1__~_i'____1. ~:al I71ri1tItCllritll:r lll tlll'vltitf~«c wi~tY ~wu i~u~vniiuiy o~au ~~i- ~ YYav•t •t~~~~t~wn v. b~i..u ao~ uc.cav~sa~~c~~r~ ..a~• i~vr cut or remove or suffer cutting or removing any treea or timber on the premises (except for domestic purpoeea) or ~ remove turpentine or permit any cupping for turpentine without 1~iortgugee's written consent; (ii) wiil operate the ~ ` timber lands on tne premises in accordance with sound practices of production, care, and harveating; (iii) will take ~ those accepted forest sanitation and control measures whirh are reasonably necessary to protect said timber lands E from disease and insect infestation; (iv) will take all measures ~vhich are reasonably necessary to protect said timber lands from loss by fire, which measures shall be at least equal to fire control prac~ices generally foltoaed on timber ~ j producin~ property in the same general area, including the adoption of suitable prevention and control measurea, the : maintenance of roads in such manner as to permit access of mobile fire-fightinR equipment to all parts of the timber ; lands, the meintenance of fire lanes, proper diaposal of slash and slabs and full caoperation with state and federal ' i agencies on matter of fire prevention and control. ~ s f That as often as forest, wild fire or other hazard, ;{nciuding windstorm, dsmage the timber landa, Mortgagor ~ ! shall deliver to hiortgagee within 20 days after the happening of each such occurrence, a detailed ststement in wri~ ` ing, specifyin~ the number of acres damaged and an estitnate of the nature and extent of the resulting damage; that, ~ ~ if in the opimon of Mortgagee, such measures or equipment are inadequate, the Diortgagor will upon written requeat ~ ~ oi the Mortgagee, adopt such additional messures and acquire and maintain such additional ~ire-fighting equipment ~ aa the ~iortgagee may require. ~ ~ 7. To pay to Mortgagee upon demand all aums, including costs, expensa end reasonable agent's and attornery's ~ ~ feea which it may expend or become obligated for in proceedinga, legal or otherwise, to eatablish or euatain the lien J hereof or its priority, or in defending against liens, claims, rights, estates or essements of any pe~son or peraona ; aeserting priority hereto, or in payment, settlement, discharge, or release oi any asserted liens, claims, righta. ease- ~ menta ot eatates on counsel advising Mortgagee that the same is superior to the lien hereof, or for an abstrsct or ; _ supplemental abstract, together with interest on all such sums so paid at the rate of ten per cent (lOqo) per annum on the date the same are paid. 1?iortgagor also covenants and agrees to pay sll costs, charges and expenses, includinq ~ reasonable attorney's fee~apd commiasions t?nd abstract charges or expenses paid or incuned by Mortgagee in con- nection with any suit to enforce collection or to foreclose this mortgage in the event this mortgage and the note or , other indebtedness and amounts hereby secured be placed in the hands of an attorney for collection, and for the pay- ~ ment of all such amounts this mortgage shall stand as aecurity and any such sum or sums ao paid shall become a part ~ of the indebtedness secured hereby. ~ 8. In case Mortgagor shalt fail to promptly discharge any obligation or covenant aa provided herein, Mortgagee ~ ehall have the option, but no obligation, to perform on behalf of hiortgagor. Any amount which Mortgsgee may expend in performing euch act or in connection therewith, with interest thereon at the rate of ten per cent (IOyo) per annum, ~ t~ogether ~rith ell eapenaea~ including reasonable attorney's fees incurred by biortgagee. ahall be immediately payable by Mortgsgor and ehall be aecured by thia mortgege, snd Mortgagee ahsll be snbrogated to any righta, equities or liena ao discharged. ~ i . B~IOK ~ 8 9~ ~ . ~