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HomeMy WebLinkAbout2307 • . 4. Firat party will keep in good ordar and condidon. pnserve, aad repair~ rebuild aad n~store aU terruea~ buildings, grovea, orchsrds, feaocs, fi~ctures„ ahrubberp aad other improveuxats, of every kind aAd nature, aow on said land and hcreaft~r erected or placed thereoa thtt myr be destro~rod or damagrd b~r 5re. wiadstorm or otherwise, sad will not permit the ct~aage, in~ury or ranonal ttrereof, will uot toma~it or permtt waste on said land, and will not, except w~th the wnttar conaait of aecond party, cnt, use or rimove, or penn~t the cutting. use or ranoval of, ~ atty timber or treea on aaid land for sawmill. turpentine or other usea or purposes, cxce~t for firewood aud othcr ordinary farmpu rposes. Firat party ~rill also preserve aad keep in good orda aAd conditioa all tras aad timber - now and haeaiter growmg u~oa the said property, s~nd ~vill at all dm~ protat the trees aad timber against loss or daa~age by 5n, all to the sahsfaction of the secoad party. 5. First party will st sll tunes properly fertiliu, cultivate, care for, and maintaiu iu a produeti~~e coadition sll the grove aad orchard traa now on said property or hereafter planted thereon~ aad will protat the va and orchards against loss or damage by fire by maldn~ sud maintaiuing propa firebreaks on and uouud~asid P~+op- . erty. and by kaping uadagropvth cut, to the sat~sfactioa of seoond party. p'ust party will not top-work th~egrove or orcha~rd treea anthout first obtaining the writien consmt of second party. Seaoad party is Iitceby sutboriud and oanpowued to have appraisals of said pro~erty_ made by a Land Bank appraiser. or by othera, at such tinus as soe- d party. in its sole discretion, may des~re. Th~ cost of such appraisals shall be paid by firat partp imnkdiatdy upon presentation of aa itexnized atatement thereof and shalt be socured by this instn~en~ 6. Time ia of the essence of said note and of this instrnment. If first party fails to oompty with any oova~ant, rnnditio~? or agreemeat in this inatrament or in the said note or in any reamortization, renewal, defennent, or ex- tenaion agreement, second party may, at its oprion, exercise any one or more of the following rights, powers, privi- leges, and temedies : (a) Perform any oae or mor~ of the ooveaaab of first party in this instrument and in the said note. and all amouats advanced by seoondparty in doiag so shall be due and psyabk by 5rst party to second party immediately wittaut notice. and shaU be secured by this instrument, attd shall bear interest froin the date of advance by second party at the highest sate authorized to be charged undrr the Fedual Farm I.oau Act, as ameaded. (b) Declare all amonnb secured by this instrnmmt immediatdy due and payabie without notia. (c) Proceed immediatdy tio foreclose this mortgage, and pursue such other remedies as may be authorized by law, 7. As further s«unty fos the p~ymeut of the ~te berein described and for the perforn~ance of all the terms, coaditions, and covenants o~ said ~tote aad of this mortga?ge, fuat party haeby transfers, assigns. and sets aver tio second party all of the crop~ sawu or~rowiag upon the sa~d mortgaged pnmises at the time of filing suit for foze- closure hereof and tha~eafter, and aJl of tbe ra?ts, issues, and pmfits of the sa~d mortpaged ~ranises unpaid and nn oollected at the time of filmg suit for foraclosure hereof and tlur~after. and upon filing swt for foraclos~ure, or st any time th~errdita, aeoond party shall be entidod to have a receiver appointed to taloe charge of the said mortgaged pranises and the crops sown or gmwiag ti~ereou. Logether with the said reab. is~. aad pmfits uising thera from aad hereby ass~gned, and hold the same subjcct to the order aud direction of the oonrt. 8. In the evmt said deb~ or anp part thereof~ is established by or ia any action for foreclosure of this mort- gag~, second party may also recover of 5rst 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 proEessional services rendered 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 unt~ default in paymeat o# any of the instalicmats as pmvided 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 anploqre of second parta? or anq person designated by second party may a?ter upon said premises at any tune for the purlwse of inspecting s~me or for anq other pnrpose desired by second pariy. ~ 10. All am~unts that may hereafta be awarded for rnndemnation of, and waste and Mrtious injury to~ any of the property hereby encumbered are hereby assigncd and shaU be payable unto second partq for applicatiou, after payment therefrom of a#tomey's fees and expenses mcurred by first party and by second party in connection thero- v~nth, on such patt of the indebtedness secured hereby as second party may determine, v~nth no duty on second party to collect same. ~ ~ 11. This instrvtnent is subject to the Ftdetal Farm I,oan Ad and all a~cts amaidaLory thae~f and supplo- = mentary thereto, and regulations issued thereunder. A.11 rights, powers, privileges, options and ramdies and rights ~ allowed by taw, may be pursued concurrmtly, aad shall extrnd to and may be exercised and aijoyed bq the suc- ' cessors and assigns of seeond P~~Y• ~ bY ~Y ~~t, ot~icer, attoiney or represtntative of secoad Pa*h'~ its ~ successors or assiRns. Alt obligatioas of, and ass~gnmmts by, f~rst party herein and hcreunder shall actend to and ~ be binding upoa the hdrs, acecutors, administrators, successors, and assigns of first party. y IN WITNESS WH~REOI~, first party has acecuted and sealed this mortgage, this day and year first ~ above written. ~ ~ ~ Si~ned, Sealed, and Delivered ~ in the presrnce of : ~ ~ ~ z ! i i X ' ~ ~ (s~~?i.) • ~ . -(SEAL) ~ . ; ( S$AI.) ~ f (S~AL) - ------(SEAL) . _ -------------(S~AL) ' . ~ ~ , i ~~9Y'i ~~-~e",I._,•-+;'~ ~.u,+ ~M c~! `i`p"~' 4.-^'"~. ; . ~ ~ T ~ ~ A ~ ~'~~i f ~ '.}1~