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HomeMy WebLinkAbout1231 t h ~I : .'t - _ • . . 4. First party wil! keep in good order and condition, preserve, and repair, r~build aa.i reston ail terraces, buildings, groves, orchards, fence.s, &xtures~ shrubbery and other impmvements, of rvery lciad and nature, now on said land and hereafter erected or placed thereoa that may be destroycd or damaged by 6re, windstorm or otherwise, and will not permit thc change, iajury or ranoval thereof. will not ooauwt or permit waste oa said laud. and will not~ except with the writtea consent of secaad party. cut, use or rexnove, or perm~t the cutting, use or rat~oval of, any timber or trees oa said land tor sawm~l, turpeatitie or other uses or purposes~ exce~t for firewood aad other ordinary farm purposes. First party will alsa~ presenre and keep ia good order and conditioa aU tras and timber now and hereafter growing ugoa the said property, and wilt at all timq protect t!~ trees and timber against loss or damage by fire, aU M the saUsfaction of the saond party. S. First party witl at all tunes properly fertilize, cuitivat~, can for, and maintain in a productive condition all the grove aad orchard tn~es now on sa~d property or hucafter planted thero~n, and will protect the groves and or~:hards against loss or damag~e by &re by maku~ and maintaining proper firebreaks on and aronad said prop- erty. and by keeping undergrowth cut, to the sahsfaction of seoo~d party. Firat party wi11 not top-worlc the grove or orchard trees without first obtaining the arrittea coascnt of sa.~oad party, Saond party is hereby anthorized aad empowued to have appraisals of said pn~erty made by a I.and Bank appraiser. or by others~ at such times aa sec- ond party, in its sole discretiou. may deure. The o~st of such appraisals shall be paud by first parly iuimediatety upon presentation of an itemized statEma~t thereof and shall be secured by this instnumnt. 6. Time is of the essaice of said note and of this instrumeat. If first party fails to oomply with any ooveaant, condition or agreanent in this instrument or in the said note or in any reamortization, renewal. defermrni, or ac- tension agreement. second party may, at its option, exercise any one or more of the following rights. powers, pritri- leges~ and remedies : (a) Perfor~n any une or iran of the rnvenants of first party in this instrument and in the said note, aad all amounts advanced by second party in doiag so shall be due and payable by first party to second party immediately without notice, and shall be secuml by this instrument, aad shall bear iatierest trom the date of advance by secoad party at the hightst rate authorized to be cbarged under the Fedaal Fatan Loan Act. as amraded. {b) Declaze all amounts secured by this insttument immediately due and payable without notice. (c) Proceed immediatdy M foreclose this mortga~, and pursue such other remedies as may be authocized by law. . • 7. As further security for the paymrnt. of the note herein described and for the perfonnance of all tbe tera~s, aonditions, and covenants of said t~ote and of this mortgage, first pariy hereby transfers, assigns. and sets pver to ~ second party all of the crops sown or growing upon the saud mortgaged ~,remises at the time of fding suit for fo~- closure hereof and thaeafter, and all of thc rents, issues, and prnfits of the said mortgaged ~ranises uap~ and va- aellected at the time of Sling suit for forecloaure hereof and the~fter, and upon filing awt for forac~osur~, or at aay time thereafter, seeond ~,ariy shall be mtitled to have a rec~ivcr appointed to taloe charge of the s~id mortg~ged premises aad the crops sown or growing thereon, bogether with the said reats, iscues~ and pra5ts a:ising th~re- from and hereby ass~gned, and hold the sarne subject to th~ order and direction of the eoart. 8. In the evmt said debt, or any part thereof, is established by or in any action for foreclosure of this mat- gage, second party may also recover of first party, in addition to the said debt or so much thereof as shaIl be wnpaid, a rea.sonable fee for the attorney ~f second party for professional services rendered in sueh actiou, such fee to be incorporated in the decree of foreclosure in such acrion. ~ 9. First party shall hold and enjoy th~ said premises until dcfault in paymetit of any of the instaliments as provided in said note or a breach of any of the rnvenants or conditions of said note or this mortgage shall be made ; however, any agent or emptoyee of second party or any person desi~aated bq second party may enter npon said - premises at any time for the purpose of inspecting same or for any other purpose desired by second party. ~ 10. Alt amounts th~t may hereafter be awarded for rnndemnation of, and waste and Mrtious in~ury to, any of the property hereby marrabered are herebq assigned and shall be payable unto saond party for appltcation, after payment thaefmm of attorney's fees and expens~s tncurred by first party and b}r seoondparty in eonnection there- i ~vith, on snch part of the indebtedness secured hereby as sa:ond party may determine, -witb no duty on second 1 party to colte~et ssdmme. 11. This instrument is subject to the Federal Parm I.~oan Act and all acta amendator~? thereof and suppia ~ ' mentary thereto, and regiilations issued thaeunder. All rights, powers, privilcges, options and remedies atid rights ; allovr•ed by law, may be pursued concurtendy, and shall extend to and may be exercised and enjoyed by the suc- ; cessors and assigns of second partq, and by any agent, officer, attorney or representative of second party, its ~ ' succes.sors or ass~gns. All obligations of, and assignments by, first party herein and hereunder shall extrnd to and i be bindiag upon the heirs, execntors, administrators, successors, and assigns of first party. ~ ~ IN WITNESS WHEREOF, first party has ace:uted and sealed this mortgage, this day and year 5rst f ; above written. P ~ ~ ` Signed, Sealed, and Delivered ; ` in the presrnce of : ; ~ 3 i { ~ ~ . ~ ~ ~ i E ~ SEAL) ~ .~.~I ~t~...~. pYN~ ~ ' -------~SEAL) ~ . ~ ` ( SEAL) ---(SEAL) ~ ' -----------(SEAL) ~ _ i s ` ----------(SEAL) _ ~ i i ~ : a~~ 155 _ 31 ~..a } _ - - . , r.~i: , ~ ~ ~;e x _ - ' - - ~