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HomeMy WebLinkAbout0589 . . i.i~ ~ ordu~rds against loss oc damage by Ars by mskina and maia~~iniug ProPar firebrealcs on and around said PmP- erty, and by k~eaping undergrowth cu~ to tbe aatlsfacdoa of eoo~ndp~y F'iist pa wiU nat t~op-work th~ grove ~ orchs~rd trees witfiout first obb~iniag the wrltteo consent of ~aoond p~-r~ty ~puty is hereby a~ithorized aad eanpowered to have spp of said m~de by a I.~nd Kank sppra~i~ser, or by others, at such times sa seoond party ia its sole dl'~scs~et'wn. may ~ o~st oE such appra~sal: shaU be pa~id by first party immedi- at+ely npon presentaKon af an itami~ed ststeaneat t6ereot' and shall be sea~d by d~ia instrua~aat 8. Ti~ae it of tLe essenoe of said not~ and of th~t instrumet?t. If Hrat, pnrty fails to oomply with any oov~e- nant, oondition or agreement u? tlus instiumeat ar ia the aaid note or in aay reamortization, renewal, c~fera~ent, or erteosioa agreennent, second puty msry, at ib optlao, eacen~ise any uae oc mae of the followin8 r~hts. Powa's. i privileges, and t~ecnedi~es: (a) Perform any oae or more of the oove~nants of first ia this insdnuneat and in the said r~ote, and r o e, all amounts advanoed by secondp~y in doing so be dne and payable by first party to seoond party ~mmed~ately without notio~-and s6all be secured by this iattrumen~ aad shaU be4r interest from die date of sidvanoe by seoond party at the highest rate p~ravicled in sai~d no~e. (b) Dedare all amounts s~red by t~is iastrument innmediately due and payable wit~wut notive. (c) Proceed immeciiately fio foredose diia matga8~ and pursue such other remedies as may ba autham- ized by ]aw 7. As further sec.vrity fo~r the payment of the not~e hereia described s~?d fa~ the perfornianoe of all the te~s, oondit~o~s, and ooovenants of satd note and of this nnortgage, first party hereby transfers, assigos. and sets over to secondparty all of thecrops sown a~ growing upoa the said mort=aged pre~nises at the time of Hling suit for forecloavre ~ereof and dhereafter, and all of the rents, issues, and pmfits af d~e said mortga ged premises unpaud and unoollected at the tinne af Sling suit for foredosure hereof and thereafter, and upon filing svit for foredosure, or at any time d~eafter, saoond p~rty s6a11 be enHded to have a reoetver appointed to take charge of the said mo ged premises and the cs~ops sown argrowing tbereon, together with the said reats, issues, and profits arising i~erefrom and hereby atsigned, and hold t~e same subject to the order and direction of the oou=t. 8. First Party oovenants d~at he will not any act whicL might impair or tend to impair the con- tinuation on the property herein described of a+op allotments aad acreage allotments now established ac here- after established oa any of the propecty herein des~'bed. 9(a). In tlie event seoondparty beooames a to any legal prooeeding (exduding un action to fo~ose this mortgage or fio oollect the debt hereby , involving this mortgage or the premises described hexein ( in- eoov ducling but not limited to the tide to t~e Iands desc~ibed abave), seoond party may also reoo~ver of first all vosts and acpe reasooably incurred by the mortgagee, induding a reasonable attorney's fee, whic aosts, eacpe~ses a~~d a~~ y's fee whea paid by seoon~d~a~y shall boome a parc of che debt secured hereby and shall be innimediately payable upon deuiaad, and ahall draw interest fmm the date of advance by second party until paid at d,e highest rate provided in said note. 9(b). In d~e eveat said debt, or aay part thereof, is established by or in any action for foreclosure of this mort8a8~ seoond party may also reoover of-first party, in addition to the said deb# or so much theareof az shall be unpaid, a reasonable ~ee for the attome~? of ~second paity for professionai services rendered in such action, such . fee to be inco~rporated in ihe decree of fnreclosure ia such action. 10. Firstparty shall hdd aud enjoy the said premises until default in payment of any of the installments as provided in said nofie or a breach of any of the covenants or oonditions of said note or d~is mortgage shall be made; however, any agent o~r employee o# seoond party or any pe~son desigaated by second party may enter upon said premises at any time for the purpose of inspe~tir?g same or for any other purpose desired by second party. 11. All amounts that may hereaftec be awarded for condenuiation of, and waste and tortious injury to, an of the property hereby eaam~~bered are her assigned and shall be payable unto seoond for application am party aker payment therefmm of attorney's fees an e:p~oses incurred by first party and by second party in connection , therewith, on sucL part of the indebbedaess secured hereby as seoond party may determine, with no duty on j seoond party to oollect same. , ~ 12. 'I~is ins~ment is subjed to t~se Federal Farm Loan Act and all acts amenda#ory thereo# and sup- ; plemmtary theret~o, and reg~ilations issued t~..~eunder. AU n'ghts, Po„vers, privil~~8es, options and remedies and j rights allowed by law, may be pursued conaurendy, and shall extend to and may be exercised and enjoy ed by g the sucoessors and assigns of seoond party, and hy any agent, offioer, attorney or representative of seoond party, ~ its sucoessors or assigns. All obligations of, and assignments by, first party herein and hereunder shaU extend to and be binding upon the heirs, executors, adminis4rators, sua~essors, and assigns of first party. IN WIIIVESS WHEREOF, firstparty has Lereunto set his hand and seal (and if first party is or includes a rnrporation it has causecl tliese presents-to be ececvted and its oorporate seal to be hereto affixed by its pmper offioers thereunto first duly authorized), this day ~tnd year first above written. Signed, Sealed, and Delive~ed in d~e presence of: ~ ~~C7~~~ ~ - - - v ~ ---/Yf~ ~'-~~I.uJ ~~'l~? -____.(SEAL) ~ i ~ i -----(SEAL) ~ ~ SEAL) ~ _~_(SEAL) ~ ~ ~ (s~) A d~00~1t ~ ~ yA6E 5~ - _ '~t4 v.5 ] .L~s"u;2+'G.1~ _ . ~ W tL+w- v . .