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HomeMy WebLinkAbout0760 5 . • . . •Y i i.. t~w.: - - - - - - F - orchards against loss or damage by firc by makin~ and maintaining proper firebreaks on and around said prop- erty, and by keeping undergrowth cut~ to the sat~sfactioa of seoond party. First party will not top-work thagrove or orchard trees without first obtaining tt~e written euaseat of second patty : Second party is henby authorized and empowered to have appraisals of said property made by a I.and Bank agpra~ser; or by others. at such times as sec- d party. in its sole discretion~ may des~re. The cost of such appraisals shall be pa~d by first party immediately upon presentation of an itemized statement thereof and shall be secured by this instrument. . 6. Time is oE the essena of said note and of this instrument. If 6rst party fails to rnmply with any coveaant~ condition or agreement in this iastrument or in the said note or in any reamort~zation, renewal, deferment, or ex- tension agreement, second party may, at its option~ exercise any one or more of the following r'~hts, powers~ privi- leges~ and remedies: (a) Perform aay one or more of the covenants of first party in this instrument and in the said note~ and all amounts advanced by saond party in doing so shall be due and payable by first party to second - party immediately without notia, and 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 I.oan 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 sccurity for the payment of the note herein described and for the perforn~ance 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 pranises at the wne of filing suit for fore- closure hereof and thereafter, and all of the rents. issues, and profits of the said mortgaged ~reinises unpaid and tm- coUected at the time of filing suit for foreclosure hereof and thereafter, and upon filing sv~t for foreclosure, or at any time thereafter, second party shall be entitled to have a receiver appointed to take charge of the said mortgaged premises and ~ht crops sown or growing thereon, together with the said rents, issues, aad pro6ts arising thera from and haeby assigned~ and hold the same subject to the order and direction of the rnur~ 8. First Party covenants that he Kill not perform any act which might impair or tend to impair the continua- . tion on the property herein described of all crop allotments and acreage allotments no~v est.:blished or hereafter established on any of the property herein described. 9(a). In the_e~ent second party becomes a patty to any legal proceeding (excluding an action to foreclose this mortgage or to collect the debt hereby secured). ~nvolving this mortgage or the pr~nises described herein (in- cluding but not limited to the title to the lands described above), second party may also recover of first party all costs and expenses reasonably incuned by the mortgagee, including a reasonable attorney's fee, which costs. expenses and attorney's fee ~~hen paid by second party shall become a part of the debt secured hereby and shall be immediately payable upon demand, and shali dra~~ interest from the date of advance by second party until paid at the rate of 6r/o per annum. 9(b). In the.event said debt, or an~ part thereof, is established by or in any action for foreclosure of this mort- gage. second party may also recover of 6rst 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 services rendered in such action, such fee to be incorporated in the decree of foreclosure in such action. 10. First party shall hold and enjoy the said premises until default in pay~ment of any of the instalLn~nts as ~ provided in said note or a breach of any of the covenants or condirions of said note or this mortgage shall be made; however, any agent or employee of second party or any person desigrnated by second partq may enter upon said . premiscs at any time for tht purpose of inspecting sdtne or for any other purpose desired by seoond party. 11. AU amounts that tnay hereafter be a~~~arded for rnndemnation of, and waste and tortions injury to, any of the property hereby encumbtred are hereby assigned and shall be payable unto second party for applicatian, after payment therekom of attorne}~s fees aad expenses incurred by first party and by seoond party in oonnection there- f with, on such part of the indebtedntss secured hereby as second party may deternune, v~nth no duty on second i party to collect same. - ~ ~ 12. This instrument is subject to Nie Federal Farm I.oan Act and all acts amendatory thereof and su~ple- ! mentary thereto, and regulations issued thereunder. Alt rights, powers. privileges, options and ranedies aad nghts ~ allowed by lavr. may be pursucd concurrendy, and shall extend to and may be exa~ased aad enjoyed bq the suc- cessors and assigns of second party, and by any agent, oflicer, attoraey or represmtative of "seoond pazty, its ~ successors or assiRns. AU oblieations of, and ass~~nments by, first party herein and hereimder shall extend to and be binding upon the heirs, e.recutors, administrators, successors, and assigns of first party. IN ~'VITNESS WHEREOF, first party has hereunto set his hand and seal (and if first party is a corporation it has caused these presents to be executed and its corporate seal t be hereto af~'ixed by its proper ofi'icers thereunto first duly authorized), this day ancl ~•ear first abo~e «ritten. Signed, Sealed. aztd Delivered (S$~'~ in the presence of : at es . aws e , . ~ (SSAL) aws (sE~w) ~ s ~ f~ • • e r s awset ~ ~ ~~~~4f-~~~ ~ - ~AT.) ~ Witnesses as to Charles F. Charles Robinson Fa ett Fawsett,Jr. and Mabel B. Fawsett As $xecutors of the Estate,@~A~~ iz th in wsett;~ ased. ~ rti wse~~~ ~ r ~ • SEAL) ~ t~,e H. a tt Witnesses as s es G ~ (SEAL) except Charl s F. wsett, Jr. les~ ob ns a e and Mabel B. Fawsett. ~g~~ - - - - - - ~ . 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