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Home My WebLink About0615 10. FORBCLOSURB OF ~UNIOR I.lF.NS. lf forecloaure proceedin~s of any second mon~aage or second tnut dad or any junior lieos of any kind ahould be inatituted, tbe Mon~a~ at Mort~a's option. immediately or therwfte~ may declare this mort~e and che indebtedaess secured due and paysbk. • - 11. CONDEMNATION. That la the eveat the pranises moct~. or aay part of them, shall be condanned and takrn for public use under the power ot emineat danaia. the Mort~a shall have the risht to demand that aU damu~es awuded for the takin~ of or damu~e to che premisa shall be paid to tbe M~a, up to the uaouat then uapaid on this mort~e and the obli~ation savrod, and may be applied upoa the paymeats last payabk under thit mort~a~e aad the obli~stioa sxured. 12, PRBSFAVATlON AND MAlMF.NANCB OF PROPB1tTY. Mort~or a~rea to permit~ commit or auffer ao waste, impairment or dete~oratioa ot the property. or any part of it or the Imp~ovrmenu thereoa ~?t aay time. The failure of the Mort~or to oomply with this covenant shaU oonstltute a brach of tl~is mort~e aad, at the opti~a of the Mort~sga. immediatdy matun the eatire uapaid principat and - interat secured. The Mort~ee. without aotta. thea may institute prooeedinjs to foreclose this mort~a~e and app1Y tor the appoi~tment of a Reoaver. ~a heretofore providad. 13. IN3PFt,'llON. Mottpsee may make or cause to be ma~fe reasonabk entria upon and inspoctions of the Property, provided that Mortga~ee shall pve Mort~or ~otia prior to any auch inspxtioa specifyin~ ~asonabk cause therefor ielated to MortgaQa's interat in the Property. l~. LF.ASF.~IOI.DB; OONDOMINIUMS; PI.ANNED UNR DBVELOPMBN'i'S. If this Mortga~e is oa a unft in a ooadominium or a plannod unit developmau. Mort~asor shall perform aU ot Mort~or's o6li~ationt under the decluation or voveaaats cratiag or governing the ouadominium or planaed untt devdopment~ tl~e by-lawt and re~ulations of the condominium or planned uait developaxnt. and cocutituent documents. lf a coadomiaium or plamed unit devdopmeat rider is executed by Matga~or and reoorded tosether with this Mortgaje. the ooveauiu aad a~u of auc6 rider s6a11 be iaoorporated into aad shall unend and supplemeat tt~e oovenants and _ sgrameats of this Mort~aje aa if the tider were a part hereat. • 15.1`RANSFEtt OF THB PROPBRIY. That if oonveyana ahould be made by thaMortgsgor of the premises.above dacribed or any part of them without the vvritten consent of the Mart~x ~tM/or withotit assumption in rcgulu lorm of la~w by the graata ot the oMigation to the Mortga~ee cia~tod ~nda~ ti~is~naortW~e, thea. at the opt~oa of the Mortga~ee aM! witlwut notice to the Mortgagor, aU sums of money secured shall beoome thk awCpa~llbk and in defauh immediatdy aad ooncwrently with the oonveyana. wl~ether or not thry ue so due and payabk aad ia defiuh by'tl~e"~pettfic terma of this mort~e aad the note secured thereby. ' 16. Flll'URE ADVANCES. This mortgage is inte~ded to be and Is a mortgage to saure the paymeat of the promissory note dacribed herein aad to secun such future or additional advanoa as may be made by the Mortgagee. or Mortgaga's succasors and assigns, at their option to the Mortgagor. or Mort~agor's suooasor in titk. for aay purpose. provided tdat all those advanoes are to be made within twmty (20) years from-the date of this mortgage. or within suc6 ksser paiod of time as may be provided 6ereafter by law as a prerequisite for the ; suffcieqcy of actwl notice or reoord notia of the optional future or additioaal advsmces aa sgainst the rights of creditors or subsoquent purchasers for valwbk oonsidaadon. Tt~e total amount of indebtedness secured by this mortp~e may decrase or increise from time to time, but the total unpaid balanoe so secured at my oae time shall not ea~oeed the maximum principal amount of S 4 5, 6 0 0_ Q 0, plus interest. and any disbursem~ts made for the payma~t of taaea. levies or insurance on the property oovered by the liea of this mortgage, with interat on those disbursements. 17. HUSdANDRY CI.AUSL, L7'C. The said Mortgagor further oovenants and agrea for so long as sU. or any part of the indebtedness secured haeby rcmaias unpaid to preserve. maintain and cue for the atnu grova upon the above describcd prcmisa. such carc and maintenance to incl~de cultivatin8. SP~Y~B. ~~5. P~B. f~~8. ~~8, protection against damage by frost and fire. marketing ~ of cropa and replantiug of uea when aeeded, aU to be doae in a husband-like manner and in sooordanve wit6 approvod metbods of grove culture. and agree not to top-work said groves without the written conaent of the holder of this Mortgage. provided further that upon the failure of the Mortgagor w fully oompty with any or all provisions of the above oovenants. t6e holder of t!K indebtodness savred hereby. in additioa to all of holder's other righu and remedia for breach of ooveaants in this Mortg,age oontained. and ia addition to hoWer's right, hereby esprasly given, to declare a defanlt upon the breach of any such covenant. may, at holder's option, take such action as it dams necessary to preserve. maintain and carc for such premises for so loag as all or any part of the indebtedness secnred hereby is unpaid. and any reasoaabk expense incurrcd by holder ia so doing shaU become part of the indebtednas secured hereby, and shall bceome immodiately due and payabk and shall bear iaterest at t6e rate provided 6erein for matured obligations; however, it is a~pressly understood and agrced that the holder of such indebtedness is under no obligstion to so do. exapt at holder's own dectioa. and failnre on the part of such holder to take any action 6ereunder shall aot oonstitute a waiver of further breaches of such oovenaats; it is further c~oveaaated and agrood by the said ~ Mortgagor that Mortgagor will not mine or cause, suthorize or permit any mining of p6osphate~ limerock. limatoae, clay, sand, oil. ' petmleum or aay other auaeral on the lands secured by this Mortgage without prior writtrn ooasait of the Mortgagee and any violation of ~ this covenant s6a11 give the said Mortgagee the option to declare a default on ~sed Mortgage aad aaxlerate the principal balanoe due on che ~ Note hereby secured. toget6er with any other rights in case of default. as ot6erwise providod in this instrumrnt. € 18. REMEDIES CUMULATIVE. All remedia provided in this Mortgage are distinct and cumulative to any other right or remedy under this mortgage or afforded by !aw or oquity; and may be exercised concurnntly, independrntly or succasively. ~ IN WITNESS WHEREOF, Mortgagor has executed this Mortgage. ~ E ~ . ~ ' ~ Signed, Seated and Deliverod in the presence of: ~ ' (SEAL) ~ Ro ert P. Ives ~ ~ • ~ ' ~ _ D (SEAL) { C9'~ uaneze Ives ~ ~ ~ , : As To Mortgagor ~ ~ ~ ~ . r s 3 # ~ 1 ' ! ~ • Y ~'~t . ~ y~ 1 ~ ~ ~ ~ ~ . ~ , a ~ 3pg Pa~ s15 aooK a x: ~ I . ~ r y~ ; _ - . ~'g'`g . ~ r