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HomeMy WebLinkAbout2666 . .l~'-: z J orchards against loss or damage by Bre by maldng and maintaining proper firebreaks oa and around said prop- erty, and by keeping undargowtL cut, to the satisfaction of seoondpa~ty. Firstparty will not top-work the grove or orchard trees without first obtaining the writteo consent of second -party. Se»n- nd party is hereby a~ithorized and empowered to have ap ~ said proPerty made by a I.and Bank appr~~~ser, or by others, at such times as seoond party, in its sole ~~on, may desire. The oost of such ap~rraisals shall be paid by first party immedl- ately upou prese~ntation of an icemized stacement thereof and shall be secured by this Inst~cumea~ 6. T1A9@ LS Of ~l@ @SSG109 OF Sald AOt9 ~ Of N1~3 IDShUIi16At. If first, party fails to comply with any oove- nant, mndition or ag~eement in this instrument or in the said note or in any reaiinortization, renewal, deferment, or extension a~reement, second party may, at its optia~n, exenise any one or more of the following rights, powers, privileges, and remedies: (a) Perfoim any one or more of the oovenantx of firstparty m this instrumeat and in the said note, and all amounts advanced by second~a~t~? m doing so s~a11 be due and payable by first party to seoond party immediately without nonce,-and shall be secured by chis instrument~ and shall bear intoresc from the ~ate oE advance by seoond party at the highest rate provided in said note. ` ~ (b) Dedare a]] amounts secured by d~is instrument immediately due and payable without notice. (c) Prooeed immediately to foredos~s this mortgage, and pursue such other remedies as may be author- ized by law. 7, As huther security for the payment of the note herein described and for the performance of all the teans, oonditions, and aovenants of said note and of this mortgage, first pariy hereby transfers, assigns, and sets over to seoondparty all of thecrops sown or growing upon the said moitga ed premisea at the Hme of filing suit for foreclasure her -eof and ihereafter, and all of the renis. issues, and p~ts o# the said mortgaged premises wapaid and uno~ilected at the time of filing suit for foreclasu=e hereof and thereafter, and upon f'~ling suit for foredosure, or at any time thereafter, secand party shall be eatided to have a reoeiver appoin~ed to take chazge of the said mortgaged premises and the crops sown orgrowing thereon, together with the said rents, issues, and profits arising Werefroia aud hereby assigaed, and hold the same subject to the order and direction of the court. 8. First Party covenants that he will not perform any act which might impair or tend to impair the con- binuation on the property herein described of all crop allotimeats and acreage aUohnents now established or here- after established on any of the propezty herein d~'bed. 9(a). In die event second party beoomes~~~ a party M anY ~egal Prooeedin8 ~excluding ap action to foreclose this mortgage or to oollect the debt hereby ured), involving this mortgage or the premises described herein ( in- duding but not limited to the tide to the lands desc~a'bed above), seoond pariy may also recover of first party all costs and reasonably incurred by ti~e mortgagee, induding a reasonable attorney's fee, whieh oostc, e~cpeaces an attomey's fee when paid by second pariy shall bcome a part of the debt secured hereby and shall be immediately payable upon demand, aad shall draw interest from the date of advanoe by second party until paid at the highest rate provided in said note. 9(b). In the event said debt, or anypart thereof, is established by or in any action for foreclosure of this mortgag~, sacondparty may also reoover of-first party, in addition to the said debt or so much thereof az 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 deczee of foreclosure in such action. 10. First shall hold and enjoy the said premises until default in payment of any of the installments as provided in sai note or a breach of any of the cove~nants or rnnditions of said note or this mortgage shall be made; however, any ageat or employee of seoond party or any person designated by second paztv may enter upon ~ said premises at any time for the purpose of inspecting same or for any other purpose desired ~by second party. ' 11. All amounts that may hereaftec be awarded for condemnation of, and waste and tortious injury to, any i of the property hereby encumbered are heretiy assigned and shall be payable unto second party for application, ` after payment therefrom of attorney's fees and expen~es incurred by first party and by second party in oonnection ; therewith, on such part of the indebtedness secured hereby as second party may determine, with no duty on f second pazty to oollect same. ~ ~ 12. This instrument is subject to ffie Federal Farm Loan Act and all a~cts amendatory thereof and sup- ~ 3 plementary thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and ; ~ rights allowed by law, may be pursued concurrendy, and shall extend to and may be exercised and enjoy ed by ~ ~ the successors and assigns of seoond party, and hy any agent, officer, attorney or representative of second party, ~ its s?~ccessors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to ` ~ and be binding upon the heirs, executors, administrators, successors, and assigns of first party. ~ ~ IN ~vITNESS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a ~ ~ c~~rExuation it has causecl ttiese presents to be e~ecuted and its corporate seal to be hereto affixed by its proper ~ officers thereunto first duly authorized), this day stnd year first above written. ~ ~ Signed, Sealed, and Delivered ~ in ihe presence of: ~ ~ ~ ~ ~ ~ ~ ~ , . ; v l~~5~-yz_1~f_/~.(SEAL) ~ - ' ~ ; L y-~°~~ ~ ; - ~i~Y+ ~ - ~][~j{~ ~ ~ ~ v'I v~~V ~~T-J ~_-L' ~ ~ ~ ~ - - SEAL) ; ~ - ,r------ ` :T; ~ ---------~SEAL) ~ ~ : ~y --------------(s~?L) , ~ ~ ' - ~ SEAL ~ ~ ~ 3 ; ~ .(SEAL) ' _ _ _ . ~ ~ ~ x; ~i7~ ~~~9 ~ ~ ~ . _ _ - - i _