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Home My WebLink About2161~boK 4 188 4. First party will keep in good order and condition, preserve, and repair, rebuild and restore all ter- ' races, buildings, groves, orchards, fences, fixtures, shrubbery and other improvements, of every kind and nature, now on said land and hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or otherwise, and will not permit the change, injury or removal thereof, will not com- mit or permit waste on said land, and will not, except with the written consent of second party. cut, use or remove, or permit the cutting, use or removal of, any timber or trees on said land for sawmill, turpentine or other uses or purposes, except for firewood and other ordinary farm purposes. First party will also preserve and keep in good order and condition all trnes and timber now and hereafter growing upon the said property, and will at all times protect the trees and timber against loss or damage by fire, all to the satisfaction of the second party. 5. First party will at all times properly fertilize, 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 orchards against loss or damage by fire by making and maintaining proper fire- : breaks on and around said property, and by keeping undergrowth cut, to the satisfaction of second party, First party will not top-work the grove or orchard t:ccs without first obtaining the written con- sent of second party. Second party is hereby authorized and empowered Lo have appraisals of said property made by a Land Bank appraiser, or by others, at such times as second party, in its sole discretion, may desire. The cost of such appraisals shall be paid by first party immediately upon presen- tation of an itemized statement thereof and shall be secured by this instrument. ' 6. Time is of the essence of said note and of this instrument. If first party fails to comply with any covenant, condition or agreement in this instrument or in the said note or in any reamortization, renewal, deferment, or extension agreement, second party may, at its option, exercise any one or more of the following rights, powers, privileges, and remedies: (a) Perform any one or more of the covenants of first party in this instrument and in the•said note, and all amounts advanced by second party in doing so shall be due and pay: ble by first party to _. second party immediately without notice,' and shall be secured by this instrument, and shall bear interest from the date of advance by second party at the highest rate authorized to be charged under the Federal Farm Loan Act, as amended. (b) Declare all amounts secured by this instrument immediately due and payable without notice. (c) Proceed immediately to foreclose this mortgage, and pursue such other remedies as may be authorized by law. 7. As further security for the payment of the note herein described and for the performance of all the terms, conditions, and covenants of said note and of this mortgage, first party hereby transfers, assigns, and sets over to second party all of the crops sown or growing upon the said mortgaged premises at the time of filing suit for foreclosure hereof and thereafter, and all of the rents, issues, and profits of the said mortgaged premises unpaid and uncollected at the time of filing suit for foreclosure hereof and ~ thereafter, and upon filing suit for foreclosure, or at any time thereafter, second party shall be entitled to have a receiver appointed to take charge of the said mortgaged premises and the crops sown or ,growing thereon, together with the said rents, issues, and profits arising therefrom and hereby assigned, and hold the same subject to the order and direction of the court. 8. In the event said debt, or any part thereof, is established by or in any action for foreclosure of this mortgage, second party may also recover of first party, in addition to the said debt or so much there- of as shall be unpaid, a reasonable fee for the attorney of second party for professional services rend- ered in such action, such fee to be incorporated in the decree of foreclosure in such action. 9. First party shall hold and enjoy the said premises until default itt payment of any of the install- ; ments as provided in said note or a breach of any of the covenants or conditions of said note or this mortgage shall be made; however, any agent or employee of second party or any person designated by `second party may enter upon said premises at any time for the purpose of inspecting same or for any other purpose desired by second party. 10. All amounts that may hereafter be awarded for condemnation of, and waste and tortious in- fury to, any of the property hereby encumbered are hereby assigned and shall be payable unto second s party for application, after payment therefrom of attorney s fees and expenses incurred by first party ~ and by second party in connection therewith, on such part of the'indebtedness secured hereby as second party may determine, with no duty on second party to collect same. 11. This instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may be pursued concurrently, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, officer, at- torney or representative of second party, its successors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to and be binding upon the heirs, executors, adminis- trators, successors, and assigns of first party. ' l!d WITNESS WHEREOF, first party has executed and sealed this mortgage, this day and year first above written. Signed,, Sealed, and Delivered in the presence of: SEAL) SEAL) r - ~ vim. (SEAL)