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Home My WebLink About1926 3~irst ~~~irt~• ~~•ill keep iii voucl ar~ler SIl(i conditioti, pre~er~~e, aud re~~ir, ret~uild and restur~ al! terra~es, t~ui~aings, groti urchards, fei~ces, ti~tures, shrubbery and other irnprovements, u; evr.ry kind ai?d nattue, now on said land and lirxraiter erec;ed or nlaced thereon that may be destro}~eci or damaged by hre, ~~~indstorm or otherwise, and ~~•ill not ~sermit tlie chaiige, injury or recnoval thereof, ~~•ill not comtnit or pert~iit ~~•aste oti saicl land, and ~+-ilt not, except ~vith the ~vritten consent of second party, cut, use or remove, or permit the cuttin use or removal of, any timber or trces on said land for sa~vmill, tuspentine or other uses or pur~roses, exrept for hre~~~ood and other orditiary farm purpases. First part~• will also preserve an~l keep in good order and conclition all trees and tiiiiber now and liereat'ter growin~ upon the said property, and will at all tinies pro;ect the trees and tiuiber again~t loss or duna~e by hre, all to the satisfaction uf the second party. 5. First party will at all times properly fertilize, culti~~ate, care for, and maintain in a proclucti~•e condition all the gro~-e and orchard trees now al said property or hereafter planted thereon, aiid ~~•ill protect the grores and orchards abainst loss ar damage hy fire by making and maintaining proper hrebreaks on and around said prop- erty, and b~~ ker:ping uz~dergrowth cut, to the satisia~t~on of second party. First party will not top-w•ork the grove or orchard trees without first obtaining the written consent of secund party. Second party is hereby authorized and empowered to have appraisals of said property tnzde by a I,and Bank appraiser, or by others, at such times as sec- ond party, in its sole ~iiscretion, may desire. The cost of such appraisals shall be paid hy first party immediately upon , resentation of an itemized staten~ent thereof and shsll be secured by this instnunent. b. TirTie is of the essence o; said note and of this instrument. If first party fails to comply w•ith any co~•enant, r~»;dition or agrcement in this instrum~nt or in the said note or in any reamortization, renewal, deferment, or ex- tel~;iun a~reement, second party ma}•, at its option, e~ercise any one or n~vre of the iullowing rights, ~~4•ers, privi- iege,, and remedies : (a) Perform any one or more of the covenants ot first party in this instrument and in the said note, and all amounts advanced by second party in doing so shall be due and gayable by first party to second part}~ immediately «•itho+at notice, and shall be secured by this instrument, ancl shall bear interest front the dlte of advance by second party at the highest rate authorized to be charged under the Federal Farm I,oa?; ~ct, as amended. (b) Ueclare a;l amounts secured b~• this instrument immediately due and payable without notice. (c) Proceed immediately to foreclose this mortgage, and pursue such other remedies as may be authorized bv la~~. 7. As ftirther security for the p~yment of fhe note herein described and for the performance of all the terms, conditi~~ns, and co~~enants of said note and of this mortgage, first party hereby transfers, assigns, and sets over to secand party all of the crops sown or gro~~•ing upon the said mortgaged premises at the time of filing suit for fore- closure hereof and thereafter, anci all of the rents, issues, and profits of the said mortgaged prenuses unpaid and un- collected at the time of filing suit for foreclosure hereof and thereafter, and upon filing siiit for foreclosure, or at any time Yhereafter, second party shall be entitled to ha~e a recei~er appointed to take charge o# the saad mortgaged premis~s and the crops so~sn or grow-ing thereon, together a•ith the said rents, issues, and profits arising there- from and hereby assigned, and hold the satne subject to the order and direction of the court. S. In tlie event said debt, or any ~zrt thereof, is establishtd by or in any action for foreclosure of this mort- gage, second party may also recover ot first p.~rt}•, iti addition to the said debt or so m~:ch thereof as s't~all be unpaid, a reasonable fee for the attorne~~ of second partr fc,r preiessional ser~~ices rendered in such action, s~ch ;ee to be incorporated in tlie decrce of forec3osure in ~uch action. ~irst Farty ~hall hold and enjo~> the sa.id prernises until default in paymtnt of any of the installments as pmvided in said note or a breach of any of the covenants or conditions of said note or this morigage shall be made ; hoti~-e~•er, any a~ent or emplo}-ee ci second party or any ~~erson designated by second party may enter upon said prem~ses at an}• time for the purpose of insPecting same or for any other purpose desired by second part~•. 10. All amounts that may heieaft~r he a~i~arded for candemnation of, and ~~•aste and tortious ir?jury to, an~~ of the property hereby encrmhered are hereby assigned and shali be pa}~able un!a second part~ for appSiration, after p3ytnent therefrom of attorney's fees and expenses incurred by first party and by second party in connection there- ~~•ith, on such nart of the indebtedness =ecured hereh~ as seconcl part~• may determine, with r.o dut~~ on second party ta collect same. I 1. This instrument is subject. to the Federal ~arrn Loan Act and a11 acts amendatory thereof and supplc- mentarr,• thereto, and regulatians issueci thereunder. All ri~hts, po~terc, priti•iieges, ogtions and remedies and rights allo«~ed by la~v, may be pursued coneurrei~tiv, and shall extend ta and may be exercis~d an~i enioyed bv the suc- cessors and assi~ns of second ~,arty, and by any a~ent, officer, attorney or representative of second ~ party, its successors or assi~*ns. All obli~ations of, an~ assi~nments b~~, first party herein and hereunder sha?t e~tend to anri . he hinding upon the heirs, exectitors, administr~.~~rs, succe~~ors, a.nd assigns of first party. IN ~~'ITtiF,SS «'H~FT;OF, first p~rty has ete^utecl anci se.~led this mortgage, this dar and ~•ear first atx~ve ~vritten. Si~ne~l, Sealed, and Delicered in the presence of : ~ . _ / _ , , ` ~ , , ! ; , . L-c-- C ~ G i~ ``Z ~ ~t~, . ~ r- ~ - - - - - ~ a~-t,.- 1~ , ~ _ ( SE:~LI - ' - - ` : C~_:~=- ` - ' ~ ' 1-- , ; . j/ ~t . _ . J / I /l l / / ~ ~ Y C.. sr---=~--~~ ~ ~ =y-==- r_~/~------ -'~~_~f' ! ~I:t~I.l ~ Witnesses as to Edwin Binne~~ % -~~j~ ' ~ - t!~-~«' (S1:AI.1 Stead and Helen May Stead, ~nd ,~~_r~_~~_ ~:~:-f--~-`-.`-: ~ ` ~ H tt,iF~ Ann Stead. ~ ~ : ~ ' ----_-.~'"'~'~tG,.._ ~ (SF,:~L) ~./~1, / ~ r"--- / ~~L~'b-~~~a-•--.~ ~v ~ i ~~-L~_ _~~,~¢,~::<'L::J. ~~L~t=~ ( CF,:'1I,1 '~/a L w~ ~•1 - ~ ~a~i E ~Ad~- ~ c~tnes~es as ta John Elvir Stead (SEAT.) and Irene Rogers Stead. ~SOii~ L~~