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HomeMy WebLinkAbout2733 . • ~ . ~ ~ . ~ . . •;.ti,a , ; y • `..~,r' ~ orchards against loas a~ damage by flre by maldng an~d malntaizuag PmPes firebr oA aad around said prop- e~ty, and by keeping underBrowth cut, to the satisfsctioa of seoondp~y First not top-work the grove t or orchard brees wiWout first obtauiing the writteo oonaeat of seeond -party. party is beceby a~itborized and empowe:ed to have ap of said made by a Land Ban]c appn~i~sec, or by others, at such times . as secoad party, in its sole ~isa~Oa. maY ~esir~e. The oost of such appraisals shaU be paid by first party immedi- acely upon preseacation o£ aa itemized statoones~c tLezeof and shs~U be secured by this instrumeaG 8. T'une is of the ~ssenoe of ss~id note and of thia instrument. If first, party fails to comply with any oove- oant, copdition or a~reement ia this inshvment or in the said note or in any reamortization, renewal, deferment, or extension agireem~t, second puty may, at ib optia~, euercise any one or more of the followin8 rights. Pow?ers. . privileges, and re+onedies: (a) Perform any one or mo~e of the oovenants of firstparty m this instrumeat and in t6e said note, and all amounts advanced by second~ty m doiag so s~all be due and payable by first party to second ~mmediacely without notioe,-and shaU be secured by this instrumeat, and shaU bear inceresc from party no ~e date of advaaoe by seooand party at the highesc race provided ia said note. (b) Dedare aIl sunounts secured by this instmm~ent innnnediately due and payable witlwut notioe. (c) Proc~eed ia~mediately t~o fat+edose this mo~ga8e, and pursue such other recnedies as may be author- ized by law. 7. As fiuther security f~ the payment of die nofie he~ein describad az?d foc the performance of all the terms, oonditions, and ooovenants of said note and of this mortgage, first narty hereby transfers, assigas, and sets over to secondp~y all af thecrops sown o~ grawing upon the said mortgaged premises at the time of filing suit for foreclosure hereof and dh~~~fter, and a11 of the rents, issues, and profits of the said mortgaged precnises unpaid and unaollected at the time of Filing suit for foreclosvre hereof and the:eafter, and upon filing suit for fored~sure, or at any time d~reafter, seoos~d party sha11 be entided to have a reoeiver ap~winted to take charge of the said mortg ged premises and the cro~ sown orgrow~ng thereon, together with the said rents, issues, and proHts arising dierefrom and hereby assigned, and hold the same subject to the order and direction of the cairt. 8. First Party cov~ants that he wiD notp~rform any act which might impair ar tend M m~pair the con- tinuation on the property herein desaibed of all crop aDo~ts an.? acreage allotments now established or heze- after established on any of the pro~rty here~n d e s c r i b e c~. 9(a). Ia the e~vent seoondp~rty beoanes a to any legal prooeeding (exduding an action to foreclose this mortgage or M oollect the debt hereby , involving this m~rtgage or the premises described herein ( in- duding but not limited to the tide to the lands desenbed above), seoond party may also recover of first ~ all aosts ande~cpens~ reasonably incurred by dye a~ortgagee, induding a reasonable attorney's fee, whic oosts, espeoses and attorney's fee whea paid by secondparty shall boome a part of the debt sec~ued hc~reby and shall be immediately payable upon demand, aad shaD draw interest from the date of advance by seoond pazty until paid at the highest rate provided in said note. 9(b). In the ev~t said debt, or any~rt thereof, is established by or in any action for foreclosure of this mortgage, secondparty may also reoove~r oE first party, in addition to the said debt or so much thereof as shall be unpaid, a reasona 16 e~ee for the attorney of second party for professional services rendered in such action, such fee to be incorporated 'm the decree of foreclosure in such aciion. 10. Firstparty shall hold and enjoy the said premises until default in payment of any of the installments as ~ provided in said note or a br~ch of any of the covenants or oonditions of said note or dus mortgage shall be made; however, any ageat a~ employee ~ seoond party or any pe~son desi~nated by second pazty may enter upon said premises at any time for the purnose of inspecting same or for any other purpose desired by second party. ! 11. All amounts that may hereaft~er be awarded for condemnation of, and waste and tortious injury tq any ~ of the property hereby e~cumbered are hereLy assigned and shall be payable unto second party for app;ication, ; after payment therefrom of attmney s fces and eapenses incurred by first party and by second party in connection ! therewith, on such part of the indebbedness sec.vred heteby as seoond party may determine, with no duty an ' second party to o~llect same. i ' 12. This instrument is subject to the F~ederal Farm Loan Act and all a~cts amendatory thereof and sup- ~ plementary thaeto, and regulations issued theceunder. All nghts, powers, privileges, options and remedies and ~ rights allowed by law, may be pursued oot?currendy, and shall extend to and may be eacercised and enloy ed ~y ~ the suceessors and assigns of second party, and hy any agent, officer, attorney or representative of second party, its sacoessors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to ~ and be binding upon the heirs, executors, administrators, sua~essors, and assigns of first party. ~ IN WITNFSS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a ~ ~ rnrporation it has causecl tNese presents to be P~ecuted and its rnrporate seal to be hereto affixed by its proper ~ officers thereunto first duly authorized), this day s~nd yeaz first above written. ~ - Signecl, Sealed, and Delivezed in the presence of: t ~ ` ~ - - ~ _ ~ . ° 2 ~ ~c.~~ - ~ , f L ~ ~ - ~ +s - - (~rs ~ . r _ z ~ ~ . . ` ~ ~ ~ ~ (SEAL) . (~a~mey ~ w: ~ ( SEAL) ~ ~ ( SEAL) ~ : ~ ~ ~ . ( SEAL) - ; 1 ~ ~ ~S~) , a~1?1 P~1z89 ~ ~ :~~7i ~~'1`~ ~ _ _ .