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HomeMy WebLinkAbout0973 t ' By thia instrument undereigned also hereby granta and conveya unto lender, its succes»ors and aasigna, title to t?nd a security interest in the Clasa A and Class B capital stock, participation certificatee, equity re8erve and/or allocated aurplus credita, if any, now owned or hereaft.er aoquired by undersigned in lender. FOR THE CONSIDERATION _AFORESAID, underaigned c~onvenante as followa_ 1. Underaigned is lawfully seized of said property in fee aimple and has a perfect righi to convey eame. 2. This mortgage shall also secure any future advances made by lender, at its option, to borrower, or one or more or ail of them, as may be made during the time authori2ed by law for euch advance, PROVIDED THAT THE MAXIMUM AMOUNT SECURED HEREBY SHALL NOT AT ANY ONE TIME EXCEED THF. PRINCIPAL SUM HERETOFORE STATED plue interest thereon, and any diabursementa made for the payment of taxes, levies or inaurance on the property covered by the lien of this mortgage, with intereat on auch diebureementa. In the event of auch advance, the amount thereof ahall be added to the mortgage debt~ _ 3. It is further underatood and agreed by all parties hereto that the execution by borrower and the acoeptance by lender of any notea, renewal notea or other instruments, or the agreement by lender to any resmortizations, extenBions, deferments or other reanangemente se contemplat~.d herein ahall not be construed ae payment of any indebtednesa hereby eecured, (whether or not, among other changes in terma, the intereat rate or ratea remain the same and/or time for payment is thereby extended or leasened), and ahall not diecharge the lien of this mortgage. All notes or other instrumenta contemplated herein shall, at the option of lender remain uncancelled arid in possesaion of lender, its succeseors and assigns, until the total indebtednesa heteby secured ia paid in full, and/or thia mortgage ie satiafied as provided for herein. 4. Undereigned will ineure and keep inaured as may be required by lender from time to time all grovea and orchards now on said property or that may hereafter be theteon againat Ioea or damage by fire, windatorm, hail, froet, freeze, and/or other casualty, and all buildings now on said property, and all buildings which may hereafter be erected thereon, againat loss or damage by fire, hail, windatorm, and/or other casualty, in such form, auch amounte, and in such oompany or oompanies as shall be satiafactory to lender, the losa, if any, to be payable to lender ae its interest may appear at the time of the loea. Undersigned will deliver to lendez i},e policy or policiea of insurance with mortgagee claue~e attached thereto aatisfactory to lender, and wi11 promptly pay when due all premiuma for such insurance. If any grove or orchard shall be destroyed or damaged by fire, windatorm, hail, froat, freeze and/or other casualty, the amount received in aettlemenL of the loas or damage may be applied at the option of lender on such part of the indebtedness aecured by this instrument as lender may in its aole discretion determine. If any building on esid property so insured shall be de~troyed or damaged, the amount received in ! settlement of the loas or damage may be applie~ at the option of undersigned to the reconstruction or repair of the buildinga so ~ deatroyed or damaged, subject to the regulati~ns issued or that may be isaued under the Farm Credit Act of 1971 or acta amendatory thereof or aupplementai thereto; any portion of the procee~s not ao used shall be applied on the debt hereby • secured in such manner as lender, in its sole discretion, may determine. 5. Undersigned will pay, when due and gayable, atl taxes, assessments and other charges that may be levied or asaeased against said property, and all judgments and all other amounte that may be or become a lien thereon. 6. Undersigned will keep in good order and condition, preserve, and repair, rebuild and restore all teaaces, buildings, groves, orchards, fences, fixturea, ehrubbery and other improvementa, of every ldnd and nature, now on said land and hereafter erected or placed thereon that may be deatroyed or damaged by fire, windstorm or otherwise, and wi12 not permit the change, injury or removal thereof, will not commit or permit waste on said land, and will not, except with the written consent of lender, cut, use or remove, ar permit the cutting, uae or removal of, any timber or treea on said land for sawmill, turpentine or other useA or purposes, except for 5rewood and other ordinary~ farm purposes. Undersigned will also preserve and keep in good order and condirion all trees and timber now and hereafter growing upon said pmperty, and will at all times pr~tert the trees and timber against loss or damage by fire, all to the satisfaction of the lender. 7. Undersigned will at all times properly fertiiize, cultivate, care for, and maintain in a productive condition all the grove and orchard trees now on said property or hereafter planted thereon, and will protect the groves and orcharda against loss or damage by fire by making and maintaining proper firebreaks on and around said progerty, and by keeping undergrowth cut, to the satisfaction of lender and lender ie hereby authorized and empowered to have appraisals of ~aid property made by an association appraiser, or by others, at auch times as lender, in ite sole discretion, mav desire. The cost of such appraisals shall be paid b~ bormwer immediately upon presentation of an itemized statement thereof and shall be secured by thia instrumen~ 8. 'I~me is of ihe easence of above recited note(s), this instrument and of any other instxument evidencing indebtedness secured hereby. If undersigned and/or borrower fails to comply with any covenant, condition oz agteement in thia instru- ment, or in said note(s), or in any reamortization, renewal, deferment, extension agreement or other instrument evidencing any indebtednesa secured hereby, lender may, at its option, exercise any one or more of the following righte, powera, privileges I and remedies: (a) Perform any one or more of the covenants of undereigned and/or borrower in this inatrument, in above recited note(s), or in any other instrument evidencing any indebtednesa secured hereby, and alI eums advanced by lender in doing so ahall be due and paynble by borrower to (ender immediately without notice, and shall be secured by this instrument, and ahall bear interest from the date of advance by lender at the highest rate provided in any note or other instrument secured hereby. {b} I)ec]are all amounta secured by this instrument immediately due and payable without notice. (c) Proceed immediately to forecloae this mortgage, and puraue such other remedies as may be authorized by law. 9. As further security for the payment of the note(s} herein describet3 and any ather inatniment evidencing indebted- neas secured hereby and for the performance of all the terms, conditions, and covenants of aaid note(s), said other inatruments and of this mortgage, undersigned hereby transfere, asaigns, and seta over to lender all of the cropa eown or growing upon the said mortgaged premiaes at the time of filing suit for forecloaure hereof and thereafter, and all of the rents, isaues, and profits of the said mortgaged premises unpaid and uncolleY.~ted at the time of filing auit for foreclosure hereof and thereaf~er, and upon filing suit for foreclosure, or at any time theTeafter, lender ahail be entitled to have a receiver agpointed to take charge of the said mortgage premiaes and the crops sow~r? or growing thereon, together with the said rents, issues, and profits arising iherefrom and hereby assigned, and hold the same eubject to the order and direction of the oourt. i 10. Undersigned covenants that he w~ll not perform any act which might impair the continuation on the property I herein described of all crop aL'otments and ac7eage allotments now eatabliehed or hereafter eatablished on any of the property ~ herein described, and hereby grants a lien on said alIotmenta to lender. a~~~i , '7 y'~.`~'. ~ r",~;r 3" .~z.r 3~ . .a, ~ . . _