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HomeMy WebLinkAbout1800 L\ : :59 'rAGE'397 . ~T.LlJCIE~CJUNTY"!l A:-' . "----- -,.::;::~ ~~-- --...;..----..:..-.::.-~. - ---+ ~~'-'~-"-. ---.~~..:..:.-_-~_.=...-.:..:,:--------~:_,~';;' ---.~~~""'" 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 ~ature, now on said land and hereafter erected or placed thereon that may be destroyed or damaged by fire, windstorm or oth~rwise, and wil.l not permit the. change, i~jur-y or removal thereof, will not com- mit or permit waste on sald land, and wl11 not, except wlth the wntten 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 purP9ses, First patty will also preservp. 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 the trees and timber against loss or damage by fire. all to the ,atisfaction 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 un and around said property, and by keeping undergrowth cut, to the satisfaction of second party. r'irst party will not top-work t~e grove or orcha~d trees without first obtaining the WI itten con- sent of second party. Second party IS .hereby authonzed and e~powered to have appraisals of said property made. by a Land Bank appralser,. or by others, a~ such, times as .second, party, in its sole discretion. may deSire. The cost of such appraisals shall be palO by fIrst party Immediately upon presen- tation vf 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~n the said note or in any ieamortization, renewal deferment, or extension agreement, second party may, at its option, exercise anyone or more of the f~llowing rights, powers, privileges, and remedies: . (a) Perform anyone or more of the covenants ?f fir~t party in this instrument and in the said nate. :md all amounts advanced by second party Ii1 domg so shall be due and pay-:-ble by first party to second party immediately without notice, und 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 !\aid mortR'aged premiRes and the cropR sown 01' growing thereon, together with the said rents, issues, and profits arising therefrom and hereby assigned, aDd 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 ah::> 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 s~cond party for professional services rend- ered in such action, such fee to be incorporated in the decree of foredosure in such action. 9. First party shall hold and enjoy the said premises until default in 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 slSond party or any person designated by second party may enter upon said premises at any time for the purpose of inspecting same or for am' other purpose desired by second party, . 10, All amounts that may hereafter be awarded for condemnation of, and waste and tortious in- jury to. any of the property hereby encumbered are hereby assigned and <"~all be payable unto second party for application. after payment therefrom of attorney's fees ~nd 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 <.lnd 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 binciing upon the heirs, executors, adminis- trators. successors, and assigns of first party, IN WITNESS WHEREOF. first party has exec'.lted and sealed this mortgage, this day and year first above written. Signed. Sealed, and Delivered in the presence of: 'I () , ., ' , (~~-t~~ '7C ^1~ ___/, ~-< - \-i\. ~).. 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