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HomeMy WebLinkAbout2733 , . . . . , . . . ~ ~ ~ I orchards against loss or damage by fire by making s~d maintaining proper firebreaks on and around said prop- I erty, and by keeping undergrowth cut, to the satisfaction of seoond party. First party ~vill not top-work the gn~ve ( or orchard trees without first obtaining the written consent of second party. Second party is hereby a~:thorized and empowered to have appraisals of said property made by a Land Bank appraiser, or by others, at such times as seoond party, in its sole discretion, may desire. Tbe cost of such appraisals shall be paid by first party immedi- i ately upon pr~sentation of an itemized statemeat thereof and shall be secured by this instrument. j 6. Time is of the essenoe of said note and of this instrument. lf first, party fails to comply with ~ny cove- ; nant, condition or agreement in this instrument or in the said note or i~ any reamortizatiun, renewal, deferment, or ~ extension agreement, second party may, at its option, exercise any one or more of the following rights, powers, privileges, and remedies: I (a) Perform any one or more of the covenants of first party in this instrument and in the said note, and , all amounts advanoed by second party in doing so shall be due and payable by first party to second i party immediately without notice, and shall be secured by this instrument, and shall bear interest from the date of advance by second party at the highest rate provided in said note. ~ i (b) Declaze all amounts secured by this instrument immediately due and payable without natice. I ( c, ized b la~~ately to foreclose this mortgage, and pursue such other remedies as may be author- ze y I 7. As further security for the payment of the note herein described and for the performance of all the ~ terms, oonditions, and covenants of said note und of this mortgage, first party hereby transfers, assigns, and sets over to second party all of the cx~ps sown or growing upon the said mortgaged premises at the time of filing n~it for fore~losure hereof and thereafter, and all of the rents, issues, and profits 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 thereafter, sec.~ond party shall be entitled to have a reoeiver appointed to take chazge of the said mortgaged premises and the crops sown orgrowing thereon, together with the said rents, issues, and profits arising therefrom and hereby assigned, and hold the same subject to the order and dire~.tion of the court. 8. First Party covenants that he will not perform any act which might impair or tend to impair the can- , tinuation on the-property herein descxibed of all crop aUodneats and acreage allotments now established or here- ~ after established on any of the property herein descxibed. 9( a). In d~e event second party bec.~omes a party to any legal proceeding ( excluding an action to foreclose this mortgage or to collect the debt hereby secured), involving this mortgage or the premises described herein ( in- duding but not limited to the title to the lands described above), second partv may also recover of firstparty all ' costs and expenses reasonably incurred by the mortgagee, including a reasonable attorney's fee, which -costs, eapenses and attomey's fee when paid by second party? shall boome a part of the debt secured hereby and shall ~ be immediately payable upon demand, and shall draw interest from the date of advance by second party until paid at the highest rate provided in said note. 9(b). In the event said debt, or any part thereof, is established by or iu any action for foreclosure of this mortgage, second party may also recover of first pauty, in addition to the said debt or so much thereof as snall be unpaid, a reasonable fee-for-Ehe attorney of seeond party for ~~rofessional services rendereci in such action, such fee to be incorporated in the decree of foreclosure in such action. 10. First pazty shall hold and enjoy the said premises until default in payment of any of the installments as i pmvided in said note or a breach of any of the covenants or conditions of said note or this mortgage shall be ~ i made; however, any agent or employee of seo~nd party or any pc~rson designated by second pazh~ may enter upon ~ said premises at any time for ihe purpose of inspecting same or for any other purpose desired ~by second party. ~ 11. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any - ~ of the property hereby encvmbered aze hereby assigned and shall be payable unto second party for application, ; after payment therefrom of attorney's fees and expenses inclirred by first party and by second party in connection ~ therewith, on such part of the indebtedness secured hereby as sccond party may determine, ~vith no duty on second party to collect same. : ~ L. This instriunent is subject to the Federal Farm Loan Act and all acts amendatory thereof and sup- ~ ~ plementary thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and ~ ~ rights allowed by law, may be pursued conct:rrently, and shall extend to and may be exercised and en;o}~ed by the suocessors and assigns of second party, and hy any agent, officer, attorney or representative of second party, ~ its sucoessors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to f and be binding upon the heirs, executors, administrators, successors, and assigns of first party. f ~ IN WITAIESS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a ( ~ rnrpc?ration it has eaosecl tkese presents to be exeeuted and its rnrporate seal to he hereto affirecl by its proper ~ of(iccrs thereunto first duly authorized), this day and year first above written. { ~ Signed, Sealecl, and Delivered ~ ~ in the presenoe of: I ~ " I ~ ~ ~ ~ ~ f ~ , ~ - ~r~~~tt,u-(rS~AL) - - - P.c.~--~ - ~--(SEAL ~ ) I d . ^ SEAL) I : ; - ~ - ~ AL) I ' # _ - , . „ ; . ~ ; Y' ' ~SEAL) ~ ~~1!(~~~, n~it~.r~ t - - - - - _ ~ x~ ~ _ - - ~ - . . . _ . ~