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HomeMy WebLinkAbout1180 . . - • f : ~ orchards against loas oac damaga by fire by maldng and maintaining 1xoPer firebreaks on and around said prop- erty, and by kcegin$ undergowth cut, to the sstisfaction of seo~nd p~rty. Fiist~ pa will not top-work the grove or orchard treas without first o~tAining the written ooasent of aeooad party is bereby a~ithorized and empowered to have app of said made by a I.and ank appra~~~, or by others, at such times as seoond party. in its sole di~ n, maY ~ cost of such appraisals sball be paid by firsc party immedi- ately upon presentation of an itea~?ized ststement thereof and shall be sewred by this iasbnimen~ 8. Time is of the essenoe of said note ~nd of this inshument. if first, party fails to oomply with any oove- aant, condition or agreement in this instrument or in the said nate or in any reamortizatioq renewal, deferment, or eatension ag~rcement, secoad PartY a~y. at its optia~, e~cercise any one or more of the following rights, Powers. privileges, and remedies: (a) Perform any one or more of the oovenants af firstparty m this instrumeat and in the said note, and all amounts advanoed by second~arc~? m doing so s~alt be due and payable by first party to seoond mnmediately without notio~,-and shall be se~vred by chis instrunnent, and shall bear interesc from party no t~e date of advanoe by seoond party at the highest rate Provid«i in said note. (b) Dedare a11 amounts secured by this instrument immediately due and payable without notice. (c) P,roc~eed immediately fio foredose this mortga8e, and pursue such other remedies as may be author- ized by law. T. As further security for the paymeat of die note herein described and far the performance of all tLe term~, oonditions, and o~ve9nants of said note and of this mortgage, first party hereby transfers, assigas, and sets over to sevond all of the cro sown or g~owing upon the said mortga ed premises at ihe time of filing suit p~~y ~ ps 0 for foreclosure hereof and thereafter, and all af the rents, issues, and pro 'ts of the said mortgaged premises unpaid and uncollected at the time of filing suit for foreclosure hereof and thereafter, and upon filing suit for foredosure, or at any t~iime thereafter, secand pariy s~haU be entided to have a reoeiver appointed to take charge of the said mortgaged premises and the crops sown orgrowing thereoq together with the said renis, issues, and profits arising therefrom and hei~eby assigned, and hold the same subject to the order and direction of the oourt. 8. First Party covenants that he will not perform any act which might impair or tend t~ impair the con- tinuation on the property herein d~saibed of all crop aIlotments snd aa~eage allohnents now established or her~- after established an any of the propeaty hexein de.scx~'bed. i 9(a). In the event seoond party beoomes~~x a party to anY legal Prooeedin8 ~exduding an action to forectose ~ this mortgage or M oollect the debt hereby ired), involving this mortgage or the premises described herein ( in- duding but not lunited to the tide to the lancis de~ibed above), seoond party may also reoover of fust party all oosts andexpenses rea9onably inc+irred by the awrtg~age~ induding a reasonable attorney's fee, wbich oosts, ~peases and attorn~Y's fee whea paid by seoond •party shall boome a part of the debt secured hereby and shall ' be immediately payable upon demand, and shaU draw interest from the date of advance by seo~nd party until paid at die highest rate pmvided in said note. 9(b). In the eveat said debt, or anypazt thereof, is established by or in any action for foreclosure of this mortgage, seoond~arty may also reoov~ o~first party, in addition to the said debt or so much thereof as shall be unpaid, a reasonabl- e fee for the atMmey of ~second pa~rty for professional services rendered in such action, such fee to be ino~rporated 'm the decree of foredosvre in such action. 10. First party shall hdd and enjoy the said premises until default in payment of any of the installments as ~ provided in said note or a breach of any of the rnvenants or conditions of said note or this mortgage shall be made; however, any agent or employee of seoond party or any person designated by second partv may enter upon said premises at any time for the purpose of inspeating same or for any ot6er purpose desired by second party. 11. All amounts that may hereaftec be awarded for condemnadon of, and waste and tortious injury to, any of the property hereby encumbered are hereby assigned and shall be payable unto second party for application, after payment therefrom of attorneys fces and etpenses incurred by first party and by seconl party in connection ih~ewith, on such part of the indebtedness secured hereby as second party may determine, with no duty on seoond pazty to oollect same. ~ 12. 'Phis instrument is svbject to the Federal Farm Loan Act and aU a~cts amendatory thereof and sup- _ i plementary thereto, and regulations issued thereunder. All n'ghts, powers, privileges, options and remedies and ; j rights allowed by law, may be pursued aoncvrrendy, and shall extend to and may be e~cercised and enioy ed by ' 6 the sucoessors and assigns of second pariy, and 1~y any agent, offioer, attorney or represeantative of second party, ~ its sucoessors or assigns. All obligations of, and assig~nmeats by, first party herein and hereunder shall extend to ~ ~ and be binding upon the heirs, exec~tors, administrafiors, suec.~essors, and assigns of first party. IN WITNESS WHEREOF, firstpazty has hereunto set his hand and seal (and if first party is or includes a rnrporation it has causecl t}iese presents-to be e~ecuted and its corporate seal to be hereto affixed by its proper ~ officers thereunto first duly authorized), this day smd yeaz first above written. ~ Signed, Sealed, and Delivered in the presence of: . ~ , _ . f ~ ~ -z- ! _ _f= ' _ _ (SEAL) ~ ~ - ` _-----(sEaL~ ; ~ # C ~ ~ t ~ - ----------~SEAL) : a ~ .(SEAL) ~ ~ ~ ~~L~ $ ~ ~ ~S~) : ~ 800 ~ K1 2 PAGE1,~, (6 ~ i . - # . . ~ - - ~ _ _ . , -