The URL can be used to link to this page

Home My WebLink About1786 3 . , • ' x R - _.v= ~~c - ~cx-~~-s-.~_-=ct-'_-r~z-~c- - ' orchards agsinst losa or daa~age by fire by aszioin~ aad aaaia pmptr firebreaks aa and around said p~+op- erty, aad by gtmdergmwth cut, m the astufactioa of party. Firat party w?~l not top-woTk th~egrove • or orchsrd tnes~wi'thcat firat obtaining tbc writtm co~sent of seoond psrty ; Scoond srty 'u hereby wthori~ed aad e~npowered ~ have appraiaals of aaid pTO~aty_ m~de bp s Land Bank~appsusec, or by' ot~em, st snch tintea as sx- ond party, ia its sole diacrdioa, may dea~r~ 1~e oost of auch s~p~prsis~s shaU be paid by fird partp immediitely upon PrGSeatation of an itanised atatanent thereof snd ~all be secural by this inatrunxaL 6. Time is of the esseace of a~id note aad vf this iastruma?~ If Srst party fa~s to oomply with any aoveasat, c~ditioa or agreenient in this iastrumeat ot ia the said note or iu any •reamorhzation~ reaewal. defenneat, or ex- t~sioa agreaneat, seoo~d party may. at its optieu, e~cercise any one or more of the foUowing rights, powas, privi- leges, and remedies : ~ - (s) Perfora~ any o~e or awre of the covenanta of Srstpa~y in this instrument and in the ssid aote. and all aawunb sidvanccd by aaondp~rty w dotng so a_ ha11 be due and payable by fust party to saoad P~Y unaaediabdY ~rithoat notia,-aad shall be aaured~y this instrucnent. and ahall bear interest fro~a the date of advance by aeoo~d party it the highest rate antfwrized to be charged m~der the Fedaal Fana I.oan Act, aa ama~ded. . - (b) Declare all aa~o~mts secueed by this instruaxat imrnediitely due and payable witho~d aodce. (c) Proceed immediately ~o foreclose this moztgage, and pursue such other reaxdies as may be authosi~ed by law. 7. As further secunt~? for the p~ymmt of the note herein deacribed swd for the perfora~ance of all th~ terau, oonditiona. and oovaiants ot aaid note aad of this mortgage, first party herreb~r transfers, aasigna, aad aeb ov~r to sa:ond. party aIl of the crops aovim or gc+owing npon the aaud aartga~ed praYUSes at the time of filing sait for fo~ closure hereof aad aad all of the rents, issuea, and~~~ the aaid mort~aged ~remisesfi~~u~~,pu'd~aad na aollaked at the time af Sliag suit for foraclosun hereof aad , and npon fil~ag s~ut for losa or at any time thereafter, aeoo~d party shsll be mtitled to have a recriva appointed to taloe chatge of the asid mortgaged sea and the crop~ sowa or growing die~eon. together with tbe said ra~ts, issues, aad proSts arising dure- ' ~and hereby assigned, and hold the aame subject to the order and direction of the aonrt 8. First Party coveaants that he will not perform any ad which might impair or taid to imp~ir the oo~atinua- tion on the property herein d~scribed of all crop allobm~uts and acreagt albtments now es~blished or henafter ~atablished on any of the property herein d~scnbed. 9(a). In the event seoonci party becoaxs a party to any legal prooeeding (excludin~ an action to foredose this mortgage or to collect the debt herebp secured), u~vohring tt~ia tnortgage or the prmnses desrn'bed herein (in- duding but not limited bu the tide to the 3ands deacn'bed above), second partq may also raoo~ver of first party all costs ' and eapcnses.reasonably incurrai by the mo urclnd'mg s~e atborney's fee, which ooats, e~cpeases and ~ attorncy's fee when paid by aeeond party slh~~become a p~rt ~ the debt secured_ hereby aad shall be immaliatiely ~ payable upon decnand, and shall draw interest from the datt of advanoe by second party until paid at the rate of 696 Per anbum. 9(b). In the event said debt, or any put thereof, ia established by or in any action for foreclosure of this mort- gage, second party maq alao reoover of first parh?, in addition to the said debt or so much thatiof as shaU be rmpaid, a reasonable fee for the atbomey of seoond party for pmfessional servi«s rmdered in such acbion, snd~ f~e to be inrnrporated in tht decree of forcclosure in such ~ction. 10. First pariy s6a11 hold and enjoy the said premises nnt~ default in pa~rmeat of aay of the instal~nents as p , provided in said nobe or a breach of arry of the ooveoaats or conditions of said note or this n~ortgage shall be made; however, any agent or employee of second Pa~Y ~~Y P~rson designated by secand party may enter npcm aaid pranises at any time for the pnrpoae of inspecting aaa~e or for any otha parpose desired bp sa~ond pariy. 11. All aznounts tbat maq hereafter be awarded for aondemnation of, and waste and tortious injury to, any of the property ~ en~mbered are hereby assigned aad shaU be payable uato seoond party for app,ication, after payment therefrom attotne~a faa aad e.rpenses mcurrod by first party and by second party in cameetion ther~- with, on such part of the indebtedness secured hereby as second party may determine, with no duty on senond ~ party to collect sdme. - ~ . 12. `This inatrnment is subject to the Federal Farni Laan Act and all acts amaidatory thereof ahd supple- ' mmtary thereto, and regulations issued thereunder. All rights, powers, privileges, options aad remedies and rights ~ allowed by law. may be pursued concurrently. and shall extend to and may be exerascd and eajoyed by the suc- ~ i cessors and assigns of seoond party, and bq any agent, officer, attoraey or repraentative of aecond party, its q ~ successors or assigns. All obligations of~ and aasignmeats bq, first party herein and htreundet shall extead to and 4 ~ be binding upon the heirs. ncecutors, adiniaistrators, swxessors, and assigns of first party. ~ IN WITNESS WHEREOF, first partq has herennto set his hand attd seal (and if fust party is a corporation it has ~aused these pmsents to be e.recuted and its corporate seal to be hereto aff'ixed by its proper officers thereunto first duly authorized), this day and rear first abore written. ~ ~ ~ Signed, Sealed, aad Deliverecl ~ ~ in the presence of: ~ ~ ' I: ~ /fr.~r~'t,~~~ .~r.~l~ ~ ~ _ (SEAL1 C 1• ~ ~ ' SEAL) ~ . r ---(SEALI r - (SEAL) ~ . , . ------------------------------------(S~AL) ~ ` ~ ; , -----------~SEAL) ~ : - ~ ~__.~__z-- - a001c~ PACE~~-=- - _ - . - - - e.:z,