HomeMy WebLinkAbout2025orchards against lose as damage by fire by making and main ~~n~~ngg proper firebreaks on and around said prop-
erty,. and by keep~~gg undergrowth cut, to the satisfaction of ~soondparty PYrst party will not top-work the grove
ar orchard trees Wn'tbout first obb3ning the written consent of seooad -party. S~eoond party Is hereby a~ithorized
sad empowered to have ap~of saiy ~~'oPert,~ made by a Land ~fap~~ , ~by others, apet~ ch tunes
as seooad party, in its sole ma are. _rna cost of such ap be d b first iaunedi-
ately upon presentation of as itemised statement thereof and shall be secured by this instrument.
8. Tune is of the essence of said note and of this instrument. If first, party fails to comply with any cove-
nant, coaditioa or agreerneat in this instrument ar in the said note or in any reamortization, renewal, deferment, or
extension agreement; second Party may, at its option, eacercise any oae or more of the following rights, powers,
privileges, and remedies:
(a) Perform any one or more of the oovenanta of first party m this instrument and in the said note, and
all amounts advanced by second party m doing so s-ball be due and payable by first party to second
party immediately without notice,-and shaD be secured by this instrument, and shall bear interest from
die date of advance by second party at the highest rata provided in said note.
(b) Declare all amounts secured by this inatnmhent immediately due and payable without notice.
(c) Proceed immediately to foreclose this mortgage, and pursue such other remedies as may be author-
ized by law.
7. As fusdher security for the payment of the note herein described and for the performance of all the
terms, conditions, and coareaants of said note and of this mortgages first party hereby transfers, assigns, and sets
over to second party aD of the sown or gmwing upon the said mortsa ed premises at the time of filing suit
for foreclosure hereof and ti~n~, and aIl of dre rents, issues, sad pts of the said mortgaged premises
unpaid and uncollected at the time of filing suit for foreclosure hereof and thereafter, and upon filing suit for
foreclosure, or at any time theteaffier, second party shall be entided to have a receiver appointed to take charge
of the said wortggaaged premises and the crops sown or thereon, together with the said rents, issues, and
profits arising ~herefroar and hereby assigned, and hold the same subject to the order and direction of the court.
8. First Party covenants that he will not perform any ad which might impair or tend to impair the rnn-
tinuation on the property herein described of all crop allotments sad acreage allotments now established ~ here-
after established on any of the property herein described.
9(a). In the event second party beoomesa~ ax patty to anY legal prooeedin8 (e:duding an action to foreclose
this mortgage or to collect the debt hereby , involving this mortgage or the premises described herein (in-
cluding but not limited to the tide to the lands described abonre), second party may also recover of first all
costs and expenses reasonably incurred by the mortgagee, including a reasonable attorney's fee, whir costs,
expenses and attorney's fee when paid by second party shall boome a part of the debt secured hereby and shall
be immediately payable upon demand, and ahaD draw interest fiom the date of advance by second party until
paid at die highest rate provided is said note.
9(b). In the event said debt, ~ any part thereof, is established by or in any action for foreclosure of this
mortgage, second party may also recover of first party, in addition to the said debt or so much thereof as shall be
unpaid, a reasrnna le fee for the attorney of ~sernnd party for professional services reordered in such action, such
fee to be incorporated in the decree of foreclosure in such action.
10. First party shall hold 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 covenants or conditions of said note or this mortgage shall be
made; however, any agent or employee of second party or any person designated by second party may enter upon
said premises at any time for the purpose of inspecting same or for any other purpose desired by second party.
11. AIl amounts dhat may hereafter be awarded~for condemnation 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 attorney's fees and expenses incurred by first party and by second party in connection
therewith, on such part of the indebtedness secured hereby as second party may determine, with no duty on
second party to collect same:
12. This instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and sup-
plementary thereto, and regulations issued thereunder. All n'glhts, powers, Privileges, options and remedies and
rights allowed by law, may be pursued concvrrendy, and shaallll extend to and may be exercised and enjoyed by
the successors and assigns of second party, and by any agent, officer, attorney or representative of second party,
its successors or assigns. All obligations of, and asshgnments by, first party herein and hereunder shall extend to
and be binding upon the heirs, executors, administrators, successors, and assigns of first party.
IN WITNESS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a
rnrporation it has caused these presents-to be ececuted and its corporate seal to be hereto affixed by its proper
officers thereunto first duly authorized), this day and year first above written.
Signed, Sealed, and Delivered
in the presence of:
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G Q. ~n ~.~e i~ ~~SEAL)
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(SEAL)
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(SEAL)
6~1~91~2023
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