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HomeMy WebLinkAbout0826 ~ . ~ , ~a~ _ _ _ _ . : ~.i..,tJ , , oarc}~anls against loss a: dama8e b7? flre bY n~io8 sq~d nu~?~ng P~oPer firebreai~s oa ~d amuad aaid prop- aty, aud by keaping unda~yrowth cut, ta the aatlafactlon of aeoondp~y . Firatp~rty wtll not top-vObrk the ~m?e or orchaid treea witFaut firat obtaining tbe writ~en ooo:ent of s~~oo~ad - ~ecaod party is hereby authorized seo~ond w~ itOn is ~aeole~ ~m~ad . ~oa~ate ~ ~C ap ~ or ~by ~ at such ~ pASty Y '1~ ppraisalt ~ha~ P~ ~Y ~Y atety upo~ pre~mtion of an itemlxed ~tateo~eat tLe~eof and sha11 be :ecured by thia insE~vmeat 8. TGme ~s af tbe essenoe of aaid noEa and oE d~ Lnatrunnez?t. If first, pauty fails to oomply with any oove- nan~ oonditlon oe~ ageemez?t in tMa instrument a in the said aote o~ in a:yr reanwrtization, renewal, defermeat, ar exteasion ag~reement, second party may, a~ its optiaq eaercise any one a~ more of the followin8 rigbts. Powe~s, privileges, and reflnedies: ~ a~ p~fo~ aay one ar m~e of a~e oo~?eaants of firsrparty ia a~s instn~ment ana in the saia noc~ ana all amounts advaaoed by seoo~dp~rty ia doing so s~li be due and payable by first party to seoond party imnnediately without notioe,-and shaU be secared by th~s inativmEnt, and shall beu intecest from ~e date of advanve by seoond party at tLe Lighest ra~e provided ia said note. (b) Dedare all amounts se~ured by dds instrvm~ent ima~ediately due and payabla without notioe. ( o) Prooeecl immediately to foredose this naortga8e, and pursue u~ch other reoRedies as may be autho~ ized by law. As fiuther aecvrity for d~e paymeant ~ die nobe hec~n desc~'bed ar~ far the perforrnanoe of aD the t~ernns, oanditiana, and oo~venanta of said note and af thia morcgage, grac parcy hereby traasfetss, ~ssigns, and sets mrer to seoondp all of d,e sown or gmowiag upoa d,e said ed prennisc~s at the t~me of filing suit for foreclosure t~er~eof and d~~t~r, aud sIl ~ the rents, issues, and~~ts af d~e saidmor~ ed premises unpatd and uaoollected at the tinae af filing suit for fo~edoa~re hereof and tLereafter, and upon- f~ling suit for foredosvr~ or at any time thereafter, seoond party s6all be entitled M have a reoeiver appointed to take charge of die said mo ged preanise.s and the ~ sown ~r S thereon, to8ether wiM the said rents, issues, and profits arising t~rom and heoeby assigned, and ho d the aame snb~ect to d~e order and diract~oa of the aourt, 8. First Party am?enants that he will not_ perfam any s~ct which might impair or tend to impair the con- Hnuation on the property h~+ein desc~ibed of aD c~op aDotments and ac~eage allotme,uts now established o~ hero- aft8r establisLed on any of the pmpe~ty here;n des~'becL 9(a). In the event seoondp~~y? beoo~es a to anY legal Prooeedin8 (exduding un action to foredose this mortgage or fio collect d~e debt -L~eby s~o~~imrolving this mostgage or the premisea descxibed herein ( in- duding but not limited to tUe Hde to tt~e lands descxibed above), seoond party may also reo~ver of firatp~r~y all oosts ande~cpenses reasonably incurred by d~e mo~tgagee, induding a reasonable attorney's fee, whicb -oosts, - e~eases and a~ 's fee whea paid by seoondp~y ahall boome a part of the debt secured he~+eby and shaU be immediately payable npon demand, and shall draw interest fro~nn t~e date of advanoe by seoond patty until paid at the highest rate pravided in said note. 9(b). In the eveat said debt, or any part thereof, is establiahed by or in any action for foredoaure of this ~8a8~. seoond party may also reoove~r o~first pariy, in addition to the said debt or so much t~ereof as shall be unpaid, a reasonable fee for the atto ey of s~econd party for professional services re~dered in such action, such fee to be inoorporated in die decree of foredo~u~e in such act~on. ° 10. Firstparty shall hold and enjoy the said premises until default in payment of any of the installments as provided in said not~e ~ a breach of any of the coveaants or oonditians of said note or this mortgage shall be made; however, any ageat or employee of seoond party or any peirson desi~nnated by second pazty may enter upon said premises at any time for the P~P~ ~~8 same or for any other pnrpose desired by seoond party- 11. All amounts that may hereaftec be awarded for condemnation of, and waste and tortious injury to, an of the propesty hereby ~cumbered are Lereby aSSigned and shall be payable unto secondparty for application after payment therefrom of atborney's fees and eupenses incurred by first party and bp second rarty in connection the~ewith, on such part of the indebbednes~ secured hereby as seoond party may determine, with no duty on second parly to aollect same. 12. T'his inshvment is subjec:t to d~e Federal Farm Lo~an Act and all acts amendatory thereof and sv ~ plementary theret~o, and regulations issued du~nder. All rights. Powers, Privile8es. aptions and remedies and rights allowed by law, may be pursued oonaimendy, and shall extend to and may be exercised and enjoy ed by the suaoessors and assigns of seoond pazty, and hy any agent, offioer, attorney or representative of seoond party, its suooes.sors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to and be binding upon the heirs, executors, adminisfirators, sua~essors, and assignc of first party. IN WITNFSS WHEREOF, firstparty has hereunto set his hand and seal (and if fust party is or includes a corporaHon it has caused these presents-to be e~ecuted and its oorporate seal to be hereto affixed by its proper officers thereunto first duly authorized), this day stnd year first above wriiten. Signed, Sealed, and Deliveted in the presence of: . o-.-a~y ~ - C cs~.~ ) , ~(SEAL) (SEAL) ~(SEAL) ~S~) a~K ~74 8~3 ~ .