HomeMy WebLinkAbout2589 , ~
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I orc}uud: ast los: a~ danu~ge by ftrs by aaktna aad mRin p~oper Eireb~o~ks o~ ,~nd around uud prop. ~
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, ~ ng cut, ~o ths ~t4factbu of p~ty First t~ will not Mp-w~k the ~ve
' o~orch~rd~tro~wittiouu~o6tainiag the writteo cooteat of s~ecored~a r~ty S~eco~ixirparty la l~reby a~ithorixcd
~ and empowe~cd to have ap of :aidp made by R I.and ~aa~k ~ , or by othcn. at such times
~ u seoond p~rty~ tn ia s~le ~afi iaa~tt,a+eoE ai
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s~hall~y~~
~dtnstrum~~~ jmme~i=
~ ately upon presentatloa of .
i 8. Time ts of the e3sence of said note ~nd oE thjs instrumeat. lf first, [~artY faila to comply with any cove-
j aant, condition or agrcemeAt in thls instrumeat a~ in the said note os in any reamortizatiun, renewaf, defermeat, or
extension agree,~nent, secoad party ms?y, at ib opttai, exercise nny ane or more of the foUowing dghts. powers,
~ privileges, and remedies:
; (a) perform any one or more of the oovenants of firstparty in d~is instrument and in the said note, and
~ all amounts advanoed by second~ar~y in dotng so s-}~alI be due and payable by first party to second
i party unmediaccly wtchouc notioe,-and shaU be secured by this iastruirrenc, and shull bear interesc from
' the date of advance by seoond party a~ the highest rate provided in said note.
I ~(b) Dedare a11 amounts secured by thLs instru~ment innmediately due and payable without notioe.
~ (c) Prooeed immediately to foredose this mortgage, and pursue such other re~neciies as may be author.
ized by law.
' 7. As further security for the payment of •the note herein described and for the performance of all the
, terms, oonditions, and oovenants of said note und of this mortgag~ first party hereby transfers, assigns, and sets
' over to second party aU of the crops sown or gicawing.npon the said mortgaged premise~s at the time of filing suit
~ for foreclosure Lereof 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 ~f and thezeafter, and upon filing suit for
~ forecloaure, or at any iiUne thereafter, second party shaU be eatided to have a reoeive~appointed M take charge
of the said mortgaged premises and the crops sown orgrowing thereon, together with the said rents, issues, and
' profits arising therefrom and h~+eby assigaed, and hold tbe same sub~ect to the ordei and direction of the ca~rt.
' First Patty covenants that he will not~~o~ any act which might impair or tend M innpair the con-
; tinuation on the property herein descxibed of aU a+op altotrnents and acreage allotinents now established or here-
after established on any of the property herein d~rlbed. -
9(a). In the e~vent seoondparty beoo~mes a to any legal prooeeding (excluding an action to foredose
this mort~age or to collect the debt hereby , involving this mortgage or ihe premises described herein ( in-
clud'ung but not Umited to the tide to the lands described above), second party may also recover of first ~ all
' c~osts and e~penses reasonably incurred by die mortgageq induding a reasonable attorney's fee, whic costs,
expenses and attorney's fee whea paid by second ~arty 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 pazty until
paid at the highest rate provided in said note. ~
9(b). In the event 3aid debt, or any part thereof, is established by or in any action for foreclosure of this
mortgage, second ~ may also recov~ o~first party, in addition to the said debt or so much thereof as shaU be
unpaid, a reasonable ee for the attome~? of ~second party for professional services rendered in such action, such
fce to be incorporated in the decree of foredosure in such action.
10. First party_ shall hdd 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 eonditions ~of said note or this mortgage shall be I
made; however, any agent or employee of seoond party or any person desigaated by second partv may enter upon ~
said premises at any time for the purpose of inspecting same or for any other purpose desired by second party.
11. All amounts that may he~+eafter be awarded for condemnation of, and waste and tortious injury to, any
of the property hereby encvmbered are heretiy assigned and shall be payable unto second~arty for application,
after payment therefrom of attonney's fees and ezpenses incurred by first party and by second party in connecNon
therewith, on such part of the indebtedness secured hereby as seoond party may determine, with no duty on
; second pazty to oollect sam~ -
~ 12. 1'his instrament is subject to the Federal Farm Loan Act and all a~cts amenciatory thereof and sup-
~ plementary thereto, and regulations issued thereunder. All ri ghts, powers, privileges, options and remedies and `
rights allowed by law, may be pursued concurrendy, and shaU eactend to and may be exercised and enjoy ed by
the successors and assigns of second party, and hy any agent, offioer, attomey or representaNve of second party, !
its succ~ssors or assigns. All obligations of, and assignments by, first party herein and hereunder shall extend to ~
and be binding upon the heirs, executors, administrators, suceessors, and assigns of first party. .
IN NITNESS ~'VHEREOF, firstparty has hereunto set his hand and seal (and if first party is or includes a
airporation it has causecl tkese presents
t-
o be e~ecuted and its corporate seal to be hereto affixed by its proper I
officers thereunto first duly authorized), this day s~d year first above written.
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i
Signecl, Sealed, and Delivered
in the presence of:
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o „ ;
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~ ~c•rjC~1 ~ _ ~ ( , ( SEAL) .
~ G i.lun " ~ / o~ ~ SEAL
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____~---------------(SEAL)
( SEAL)
~ ( SEAL)
~ --r____~_----- (SEAL)
~ s~K186 ~2582
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