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Home My WebLink About0721 i • f ~ 4. First ~rty will keep in good order and condition, preser~ e, and repair, rebuild and restore all terraces. buildings, gro~•es~ orchards, fences, hxtures, shrubbery and other improvements, of every kind and nature, now on said land and hereatter erected or placed thereoa that may be destroyed or daruaged by fire, windstorm or otherwise~ ; and will not permit the change, injury or removal thereoi. will not commit or permit ~~•aste on said land, and will not, except with the writtett rnnsent of second party, cut, use or remove, or permit the cutting, use or remova! of, i any timber or trees on said land for saHmill, turpentine or other uses or purposes. except for firewood and other a ordinary farm purposes. First party ~~ill also preserve and keep in good order and condition ail trees and timber ~ now and hereafter growing u~on the said property. and will at all times protect the trees and timber against loss or £ daznage by firc~ all to the satisEaction of the second party. ~ 5. First party wiU at all times properly fertitize. cultivate, care for. and maintain in a productive condition all the grove and orchard trees now on said pmperty or hereafter planted thereon, and will protect the groves and ~ orchards against loss or damage by fire by malcing and nzaintaining proper firebreaks on and around said prop- ~ erty, and by keeping undergrowth cut, to the satisfaction of second party. First party will not top-work the grove ; or orchard trees without first obtaining the written consent of second party. Second party is hereby authorized and ; empowered to have appraisals of said property made by a Land Bank appraiser, or by others. at such times as sec- ~ ond party, in its sole discretion, may des~te. The cost of such appraisals shaU be paid by first party immediateIy ` upon presentation of an itemized statement thereof and shall be secured by this instrument. ~ s 6. Time is of the essence of said note and of this instrument. If 6rst party fails to rnmpty with any covenant, ~ condition or agreement in this instrument or in the said note or in any reamortization. renewal, deferment, or ex- tension agreement, second party may. at its option, txercise any one or more af the following rights, powers~ privi- leges, and remedies: i . (a) Perform any one or more of the rovenants of first party in this ~nstrument and in the said note, and all amounts advanced by second party in doing so shall be due and payable by first party to second party immediately without notice, and shall be secured by this instrument, and shatl bear tnterest from ~ the date of advance by second party at the highest rate authorized to be charged under the Federal Farm I.oan Act, as amended. (b) Declare all amounts secured by this instrument immediatdy du~ and payable without notice. (c) Proceed immediately to foreclose this mortgage, and pursue such other xemedies as tnay be authorized by law. { y. As further security for the payment of the note herein described and for the perforn~ance of all the terms, oonditions, and covenants of said note and of this mortgage, first pariy hereby transfets, assigns, and sets over to second pariy all of the crops sown or growing upon the said mortgaged premises at the time of filing suit for fore- ` closuce hereof and thereafter, and all of the rents, issues, and profits of the said mortgaged premises unpaid and un- ~ c~aUected at the time of filing suit for foreclosure hereof and thtreafter, and upon filing suit for foreclosure, or at < any time ther~iter, 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 pmfits arising there- i from and hereby assigned, and hold the same subject to the order and direction of the rnurt. ~ 8. In the event said debt, or any part ti~ereof, is established by or ia any action for foreclosure of this mort- ~ gage, second party may atso reeover of first party, in addition to the said debt or so much thereof as shall be unpaid, ~ a reasonable fee for the attorney of second party for professional ser~~ices rendered in such action, such fee to be ~ ineorporated in the deeree of foreclosure in such action. ~ i 9. First party shall hold and enjoy the said premises until default in paytneat of any af the installments as t provided in said note or a breach of any of the covenants or rnnditions of said note or this mortgag+e shall be made ; however, any agent or employee of second party or any person designated by second party may mter upon said premises at any time for the purpose of inspecting same or for any other purpose desired by second party. ~ I0. All amounts that may hereaker be awarded for condemnation of, and ~vaste and tortious injury to, any ~ vf the property hereby encumbered ar~ hereby assigned and shall be payable unto second party for apQlication, after " payment therefrom of attorney's fees and expenses ~ncuned by first party and by second party in connection there- ~ ~vith, on such part of the indebtedness secured hereby as second party may determine, w~th no daty on second ~ party to collect same. ~ . s 11. This instrument is subject to the ~ederal Farm I,aan Act and all acts arr~endatory thereof and supple- 3 mentary thereto~ and regulations issued thereunder. All rights. powers, privileges, opiions and remedies and nghts ' allowed by law, may be pursued coacurrently. and shall extend to and may be exerc~sed and enjoyed by the suc- = i cessors and assigns of second party, and by any agent, of~'icer, attomey or representative of second party, its = ~ successors or assi~ns. All obligat~ons of, and ass~gnments bp. 5rst party herein and hereunder shall e~ctend to and ~ i be binding upon the heirs, executors, administrators, succe~sors, and assigns of first party. ( IN WITNE5S WH~REOF, first part~ has executed and sealeel this mortgage, this day and year first ~ aiwve written. i • ~ Si~ned, Sealed, and Delivered ~ in the psesence of: s ' ~ ~ r ! 1 ~ ~ ~ ~ Q ~ / \ . - - - - ~ . ~ . f~~~~~~ s ~ _uc~~~ knowr. as RayD~ind Davi~ Johr~S~~~Tr' ` ` ~a~~y~:-`~a?in~a~r~`.."~ " ~ : ~ F ~ - _----(SEAL) ~ fi ' ~ ~ ~ __~~S~AL) ~ ~ aril Lorraine ohnson (sometimes ~ ~ ' known as Maril~nn L. - - -----(S~AL) ~ ~ Johnson) ~ ~ s - -----------------(S~AL) ~ ~ ~ ~ ~o~~14U 118 ~ F ! ~ f ~ ~ . • . ~ , - " " ' - 2e~:.~ ._..T.~?~