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HomeMy WebLinkAbout1235 . . . . ~ i; t ' • ~r t ' - - - - - _ - - -==='~z-= _ -orchards against losa or dsa~age by fire by maldn~ and a~am proper . finbr~ks oa and around aaid prop- z~ erty, and by keepi, uadergmwth cut, to the aab~actioa o~ M~ party. Fzrat puty Nill not ~op-work th~egrove ~ or orchard treea Nn~ut firet obtaining the ~vritte~? ooa~sent of second psrty.. Seooad ps~rty is ha~eby sutboTized aad e~a~owered to have appraisals of aaid pr~erty mad~ by s I.aad ~rs~aer, or bY otbers. at such times as seo- ond psrty~ in ib sole diacraion~ may deure. The oost af such a aha11 be paid by firat party inuaediatdy apo~ presentation of an itemi:ed statemmt thereof and ahaU. be secured by this iaatrumea~ . ~ 6. Time ia of the es~eacc of aaid note and of this ~astruux~~~ !f Srst partq fails to aomply with any oovmaat~ condition or agreement in this ~sM~n~t or in the said note or in auy reamorhution. raiewal. deferinait, or ac• ~ tensioa agreement~ eeeond party may, at ib opti~. exercise any one or more of the following rights, Powas. Pr?vi• leges, and r~nedies : (a) Perform any oae or more of the oov~naata of Srstparty in thia instrumeat and iu tbe aaid note~ aad ~ v naa aU aiaounta advanced by seoondparty ~n doing ao shall be due and payable by firat p~rty to saond ~j party immediately without noda,- and shall be serured by this instrument, and shaU bear iuterest from the date of advana by ~econd party at the highest rate authorized to be chsu~ged under the Fedeeral p'um I.oan Act, as ameaded. - (b) Declare all aa~otmb secured by this instrument immediatdy due and payable withont notica ~ (c) Pmceai immediacety to foreciooe this awrrgage. aad Puraue such o~her n~aediea as msy be su~hor;ud by law. ~ 7. As further security for the payment of the note herein describod and for the pesformaace of sU the terms, conditions, aad covmanta of aaid note aud of this mortgage, first Pa*hi ha~bp tr~?afers. assi8ns. and sem over to i; seoond pariy all of the crops sown or gmwing upon the said mortgaged pr~ at the time of filing auit for ~on- i; closure here~f and therrafter, and aU of the reats~ issu~s, aad pmfita of the said mort~aged ~?remisea ~m and nn- ere ~ collected at the time of filing suit for foreclosure hereof sad therafter, and npon SUng swt for or st r.~p time thereafter, seoond party shall be mtitled to bave a receiver appointed to taloe charge of the said mortgaged pr~ises and the cm~ s sown or grow~ng thereon, fiogether wiW the said rents. issnes, aad profits arising there- from aad herebq assigaed, and hold the saa~e anbject to the ordG* and diration of the oourL „ g, First Party covenants that he will not perform any act which might impair or tend to impair the continua- tion on the properiy herein descn'bed of all crop allotmmta and acrage allotrnenta now established or hereafter established on aay of the property herein described. . 9(a). In the event saondparty becanes a p~rty to any legal proceeding (exciud'u~ an action to foreclose this mortgage or to rnllect the debt henby secured), imrolving thia mortgage or the pre~n~ses describod haein (in- ~luding but not limited to the-tide to the lands dexribtd above), second parly maq also raaver of 5rst party a11 co~s i', and expenses reasonably incurnd by the mortgagee, including a reasonable attorney a fee, which oasts, expasses and attorney's fee when paid by second party shall becane a part of the debt sa~ured hertby and shsll be immediatdy payable upon danand, and shall draw mterest fran the date of advance by secand party until paid at the rate of 6qo ~ 1: per affium. 9(b). In the event said debt, or any part thereof, is established by or in any adion for forcclosure of this mort- gage, second party may also reoova of first party. in sddition to the said debt or ao mnch d~anof aa ahaU be aapaid, a reasonable fee for the attorney of saJond party for professim~al savices reudertd in sncb action, smh fee to be incorporated in the decree of foreclosun in such action. 10. First partq ahall hoW and enjoy the said premises until default in payment of any of the instai~mmts as ~ proveded in said note or a breach of any of the covenants_or' conditiona of said nnte or this mortgage shall be made: however, any agent or anploya of saond Party or at~}? Person desigaated by second p~rly maq mtec npon said premises at any tim~ for the purpo~e of inspecting aame or for any otha~ purpose desired bp second party. 11. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to. any of the property herebp mauabered a:'e hereby assigned and shall be payable unto aaond party for applicatiaa, after PaYment therefr~n of atb~rney's fees and e.~cpenses uicurred by first party and by seoond party in c~o~nection thae- ' i with, on such part of the indebtedness suured henby as saond party may determine. with no duty on second party to collect same. 12. This instrummt is subject to the Federal Farm I,oan Act aud aU acts amendatory thereof and supple- mentary thereto, and regiilations issued thereunder. All rights. powers, privileges, opriona and rmnedies aad rights allowed by law, may be pursued concunendy. and shall extead to and may be exarised and enloyed bq the suc- cessors and assigns of second party, and by anq agmt, officer, attorneq or represes?tative of seoond party, its successors or ass~gns. All obligahons of, and assignments by, first party herein and hereunder shail extend to and be binding upon the heirs, executors, administrators, succcssors, ar?d assigns of first party. ~ IN WITNESS WHEREOF, first party has hereunto set his haud and seal (and if first party is a corporation it has caused these presents to be executed and its rnrporate seal to be hereto af~'ixed by its proper of~'icers thereunto first duly authorized), this day and rear first above wriiten. ' Signed, Sealed, and Deli~ered . _ in the presence of: . . - ~SEALI ' ` ~ EAL) ~ ~ . ~~~-----------------------------(SEAL1 --------------~SEAL) , ' -------------------------------------------------------(SEAL) ~ ------(SEAL) _ ~ - - - - - - - - ,R-=-~ - ~ - - - - - - - , . - - . _ - - - - - T - _ _ _ ~~G~,Vl.r ` ~ ~ . ~ w~~o-.~ _ - -