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HomeMy WebLinkAbout0178 :i ~ . ? r {'1 . ; ~ ~ ~ , orchasds again3t lou a damaga by fire by nnddng and maintaining proper firebreaks oa aad around said prop- erty, and by keeping l1II(~i~OWL~I C11~ ~O ~10 SA~ACNOD OE SOOOAdp~ty Firstp~rty wtll aot top-work the grove or orchard trees without first obtaining the wrIttea oonsent of seoond ~a-r~ty. Seoo- nd party is hereby a~ithorized and empowered to have app of saidp made by a I.and gank appra~~iser, or by others, at such times as seoond parcy, ~n ita sole di~a, may desire~h, e oosc of auch appraisals shaU be paid by firsc party immedt- ately upoa preseutatioa of an itanized stace~t thereof and shall be secured by tliia instrumenL j 8. Time is of the essenae of said note and a~ d~it iw•trument. lf first, party faila to oomply with any cove- ; naut, rnndition ar agareement in this instrument oar in the said note or in any reamortization, renewal, defermeni, or ! extension a~reennent, sacond pa:ty may, at ib optiou, e~cercise any oae ~ more of the following rights. I~owe+rs, privileges, and r~emedles: . ; (a) Perforaa any one or more of the oavenants of firstparty in dus instrumeat and in the said note, and ! all amounts advanoed by seoond~ty in doing so s~all be due and payable by first party to second ~ immediatcly without notioe,-and shall be secured by d?is inarrummnt, and shall bear intet~st from ~ ~te oE advanoe by seooad p~arty at the highest rate provided ia said note. (b) Dedare all anaounts secured by dds insti,unent immed;ately~due and payable without notioe. _(c) Prooeecl immediately M foredose this mo~tga8e, and pursue such other remedies as may be author- j ized by Iaw. • . ; T. As fiuther secudty for the payme~nt of tLe note hereln described and for the performanoe of all the ~ te~ms, oonditious, and oove~ants of said note and of this mortgage~ first party hereby transfers, aSSigas, and sets I over to seoond~y all of thecrops sown or growing upon the said mortgaged premises at the tirne of filing suit ii for foreclosure bereof and thereafter, and all of the rents, issues, and pro~its of the said mortga ged premises ~I unpaid and unoollected at the time of filing suit far foreclosure hereof and thereafter, and upon filing suit for foredosure, or at any time thereafter, secand party shall be ez~Nded to have a reoeive.r appointed to take charge ; of die said mortgaged premises and the cx~ops sown orgrowing t6ereon, together with the said rents, issues, and ! profits arisiag therefrom and hereby assigned, and hold the same subject to the order and direction of the aoiut. ! 8. First Party am+enants that he will not_perforrm any act which might impair or tend to impair the con• - tiauaNon on the propeity herein descxibed a£ all aep aDotments and acreage allotments now established or here- j after established an any of the property here~n described. i 9(a). In the event seoond beoomes a M anY legal Prooeedin8 (eacduding an action to foreclose this mortgage or ta oollect the d t hesrby , involving this mortgage or the premises described herein ( iu- ji duding but not limited to the tide to d~e lands descn'bed abovej, second party may also reoover of firsf party all oosts andexpe~ses reasonably incurred by the awrtgag~ee, induding a reasonable attorney's fe~ whic2i oosts, e~nse.s and attornev s fee whea paid by seoondp~y shall boome a payt of the debt secvred hereby aad shall be immediately payable upon demand, and shall draw interest fmm the date o~ advance by seoond party untii " paid at d,e highest rate provided in said note. ',i 9(b). In the eveat said debt, or anypart thereof, is established by or in any action for foreclosure of this ~j mortgag~ second pariy may also reoover of first party, in addition to the said debt or so much thereof as shall~be unpaid, a reasonable fee for the attorney of ~second party for professional servioes rendered in such action, such ',I fee to be incorporated in the decree of fa~osurc in such action. e 10. First shaill hdd and enjoy the said premises until default in paya~ent of any of the installments as i provided in sai note or a breac~ of any of the coveaants or conditions of said note or dus mortgage shal] be made; hoivever, any agent or employee of se~nd party or any peison designated by second party may ent~ upon i~ said premises at any time for the purpose of inspecting same or for any other purpose desired by seoond party. ~ 11. All amounts that may hereaftec be awarded for condemnation of, and wazte and tortious injury? to, any I of the property hereby encumbered are hereby assigned and shall be payable unto secondparty for application, 'i after payment therefmm of attorneys fees and expe~nses incurred by first party and by secon7 party in connection ~ ~ therew+ith, on such part of the iadebbedness secvred hereby as seoond party may determin~ with no duty on ~ seound pazty to collect same. f 12. '!'1~is instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and sup- ~ ' j plementary thereto, and regulations iuued thereunder. All n'ghts, powers, privileges, options and remedies and rights allowed by law, may be pursued ooncurrendy, and shaU extend to and may be exercised and enjoy ed by 6 i the successors and assigns of seoond party, and hy any agent, offioer, attorney or representative of second party, ~ its successors or assigns. All obligations of, and assignments 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 inciudes a ~ ! rnrporaHon it has causecl tNese presents to be executed and its corporate seal to be hereta affixed by its proper officers thereunto first duly authorized), this day ~nd year first above written. ! Signecl, Sealed, and Delivered in the presence of: , i • , i ~ ~ ~ ~ . ; _ ( SEAL~ i ; No an V. Huff -----(SEAL) Z~ro w nesses as to Norman V. ~ . Huff and Marie V. Huff -~(SEAL) , ~ ; Marie V. Huff ;i ( SEAL) i ~ I . --(S~) f ! ~ ~ (s~.) t ~ eo~180 ~ I~ ~ - - - C~ : ~ ~~,~..~m_ .e w.~ . -