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Home My WebLink About1291 ~ ~ . 1 , . ~ ~ - ~ orchards against loas a~ damage by Hre bY ~~S P~P~ firebreaks oa and around said prop- erty, and bY 1ceePin~ undec~rowth cut, to tbe satisfadion of secon p~rty Fir:tparty wlll not top-wo:k the grove or orchard treas wit6out firat obtaining the writt~n ooaaeat of s~~oond Seoond party is hereby auworized n and empowered to have ap of said ~pert~? ma~de by • I.~nd appra~i~ser, or by others, at such times . as seoond party, in its sole msy ~~sin• Tbe oost of such appraisals sball be paid by first party immedi- ate~ty upou presea~n of aa ibe~nirsd sta~eonent t6araof and sball be secured by this insdnimeat 8. Ttme ia of the ~oe of said note and af d~ia inshument. If first. party fails to comply with any oove- nant, oondition or agreement in this instrument at~ in the s~tid note or in any reanwrtization, renewal, defennent, or exteosion ag~reesne~nt, seoond party may, at ib ~iao, e~cerdse any oa~e os more of tha followin8 rIgbb. puw?ecs. . pdvileges, and rem~adies: (a) Perform any one or more of the oovena~ats of firstparty in this instrwmeat and in the said note, ann all amoun~s advaaoad by second party in doing so s-LaII be due and payable by first pa~ty to seoond p~arty m,mediately wichout notioe~ aad shall be sectu~ed by chis inscnv~t, and shalt besr inceresc fram dhe date af advanae by seoond party at the Lighest rate provided in said note. (b) Dedare all amounts seau+od by dds instru~ment innmediately due and payable witha,t notioe. (c) Prooeed immediately to foredose this moctgaSe, and pursue such other reo~eclies as may be authrnr- iud by law. 7. As fnrther secvrity fo~ the paymeat of the note here~in descn'bed and far the perforaianoe of all tLe c,e~ms, oonditio~s, and o~,ants of said note and of dus inorcgages firsc parcy hereby transfers, assi~ns, and secs over to seoond paity all of the sowa or growing upon d~e said mortgag,ed premises at the time of filing suit for foreclosure ~~ereof and d~ter, and all of the rents, issues, and pro~ts of die said mortgaged preaaises unpaid and unoollededat d~e time of filing suit for fo~eclosure hereof and thereaftec, and upon filing suit for foredosvr~ or at any time thereafter, seoond party shall be entided to have a reoei~ex appointed to take charge of the said mort~age~d premises and the crops sown or g thereon, together with the said rents, issues, and profits arising ~reErom and hereby assigned, and ho d the same subject to the order and diredion of the oourG 8. First Party oovenants diat he will not~~ any act which might impair or tend fio impair the con- tinuation on the property h~ein descxibed of a1T crop aIlotrnents and acreage allotrneats now established or here- after established on any of the pro~x~tj? herein descn'bed. 9(a). In the eve.nt seoondp~~y 6eoanes a to any legal prooeeding (exduding an ac6ion to forectose this aaortgage or to oollect the debt -hereby , involving this mortgage or the pn~nises described herein ( in- ~ ducling but not L'miced to the tide to the lands de~lbed above), seoond pa*ty may also reoover of firscparty aU oosts ande~p~ reasooably ineurred by the ma~tgagee, iadud;ng a reasonable attorney's fe~ which -oosts, eacpeoses and att~orney's fee whea pud by seoondpa~y shaU boome a part of d~e debt secured h~+reby and shall be immediately pa bya le upon demaad, and shall clraw inte~rest from the date of advance by sevond party until paid at the highest rate provided in said note. 9(b). In tLe eveat said debt, or any put thereof, is established by or in any action for foreclaaure of this mortgage, seoond party may also reoover o~first party, in additi~ to the said debt or so much thereof as shall be unpaid, a reasonable fee for the attomey of ~seco~nd party for professional services rendered in such action, such fee to be incorporated 'm the decr~ee of faredosure in such action. 10. Firstparty shatl hold and enjoy the said premises until default in payment of any of the installments as provided in said noie or a breach of any of the covenants or conditions of said note or this morigage shall be made; however, any agent ac employee of seoond pariy or any person desigr?ated by second party may enter upon said premises at any time for the purpose of inspecting same or for any other purnose desired by sernnd party. 11. All amounts d~at may hereafter be awarded for condeamnation of, and waste and tortious injury to, any of the property hereby ~eumbered areh~reby assigned and shall be payable unto seoond party for application, after paymeat tberefrom of attocnay's fees and ~ incurred by first party and by second party in oonnection ' therevvith, on svch part of the indebfiedness secvred hereby as second party may determine, with no duty on ~ seoond party to oollect saa~. ~ ~ 12. This instrument is subject to the Federal Farm Loan Act and all acts aznenda#ory thereof and sup- ~ plementary therebu, and regulations issued thereunder. All n'ghts, Po~'~'ers, Privile8es, options and remedies and ~ rights aUowed by law, may be pursued ooncv~rendy, and shall extend to and may be euercised and enjoy ed by ~ the sueoessors and assigns of sernnd parly, and lry any agent, officer, attorney or representative of second party, ; its sucoessors or assigns. Ail obligations of, and assignments by, tirst party h~ein and hereunder shall extend to E and be binding upon the heirs, ea~ecutors, adnunist~rators, sua~essors, and assigns of first party. IN WITNFSS WHEREOF, first party has here~nto set his hand and seal (and if first party is or includes a corporation it has caused these presents to be e~ecuted and its corporate seal to be hereto affixed by its proper officers thereunto first duly authorized), this day s?nd year first above written. ~ Si~ued, Sealed, and De]iveied ~ in the presence of: ~ ~ ~ . _ - - ~ ~ `,C" Z,) ~ ~ ~ ~ .(SEAL) ~ , c~e, y ~ ~ ~__~s~u.~ ~ ~ -(s~-) ~ f ( J~+AL, ~ ~ ( SEAL) ~ o~s?1 P~12~9 ~ ~ _ ~ "'x'!t.~ "x}, t^-y,4',.-, ~C - . . _ y.'Y~ ~ ~ ~