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Home My WebLink About0869 3 ' 6. If any proceedi n~gs~sFwll be~brou~ht to fo~cioae this mortq~e or to collect the indebted~ess h~reby secu~ed Mortgogee sholl be entitled as a motte~•of ~i~ht, without notice to Mort~oQors or any p~rso~n claim- in~ ur?der them ond witi~out ~e~o~d b the odequacy of the sscurity or whether the scr»e shol! then be' occupied by the owne~ of the equiry of rodemption os o homestead, b thr immediate appointment of o ~eceive~ with ppwer to tcke posseuion of the p~emises, lease the scme, coilect o11 rontols and profits the~eof ond hold orx! opply the receipts os the court may o~der fo~ moiMerwnce of the secu~ity cnd on cccoune of s4id indebtedness. Mort is hereby empawered ct its opt+on to fo~eclcae thjs rrartgage by adver- tisemeM ond publft sale, os sMtute provtded. 7. Notwithstanding a ing in this mort~ope or the ~ote secured he~ to the controry, neithe~ this mortgoge no~ soid note shol be deemed to impose on the Mortgogors ony ligction of poyment, e~ccept to the extent thot the some may be legally enforceoble; ond cny provision to the co~trory sholl be of ~o force or effett. 8. My oword of dorrwges under condemration fo~ iniury to, or toking of, amr po~t o~ cll of said P~~rh? is hereby assigned to Mortgogee with authority to appiy or reteose tha mo~eys received, cs cbove provided for insuronce loss proceeds. 9. As additionol securiy for the repayment of the indebtedness hereby secured and the payment of taxes, speciol ossessments, g~ound ~ents, ond other charges ond fire and othe~ Fwzard insurance premiums, Mortgagors agree to deposit with Mortgagee, if requested by it, monthty or othe~ psriodic poyments in amounts, which, as esiimoied by Mortgogee from time to time, sholl be sufficient to meet, os they become due, such taxes, cssessments, rents, chcrges and premiums. If ct ony time the funds so held by Mortgagee sholl be insufficient to poy cny tox, assessmeni, reni, charge or premium, Mortgagors shcll, upon receipt of notice tF~ereof, immediately deposit with Mortgogee such addiiianol funds as moy be necessory io remove the deficiency. It is cgreed thoi all sums so deposited sholl be irrevocably oppropriated to Mort~gee in trust, to be oppiied to the poyment of such tcxes, cssessments, re~ts, cho~ges cnd prcmiums, and ot the option of Mort~g ee, after defoult, to be applied on the indebtedness hereby secured. 10. As additionai security for the repoyment of the indebtedness hereby secured, Mortgcgors hereby ossign to Mortga~ee cll their rtght, title ond interest in cnd to all existing leoses ond cll future leoses upon or cffecting the mortgoged premises, togethe~ with any extensions or renewols of such leases, cnd cll rentals and income arising from soid premises; provided that, so long os tfie~e is no defcutt in any of the temns or co~ditions of this mortgoge or of ihe note hereby secured, or of any extension or renevrol thereof, AAortgcgors shol! continue to monoge soid premises os awners ond collect oll income crising therefrom, but a~ly as it cccrues, renderjng such reports os moy be requi~ed by Mortgogee. In the event of any defoul! in thepe rformance of ony agreement or covenon! in soid note or this mortgcge, Mortgcgors, upo~ de+rand, wili immedictely deliver to Mort~agee, or Its oppolntee, oll leoses or a9reements for occupo~cy of space in soid premises, together with a seporate and specific cssignment of ecch of them to Mort~c~Cjse; or its appointee, in fomn opproved by Mortgagee; ond Mo~tgogee, with or without such specific ossignment, moy tcke possession and assume the ~rwnagement of soid premi'ses cnd cotlect the rentals and other income therefrom, execute all powers and cuthority reserved to the lessor under the lease terms, including cny righ! or po~wer therein ta fQrfeit or tcncei such leose, ond modify the f pravisio~s of present leoses and moke new leases or rental controcts in !he rwme of the owner of ti~e ~property, or otherwise; ond ti~e lessees ond oti~er occupants of soid premises cre hereby Quthorized ond rected, upon derrwnd, topay to Mortgagee, or any persor~ deslgnoted by it for thot purpose, all amounts due or to become dne from them under said leoses ond amr extensions or renewcls thereof, or by reason of such occuponcy; ond such po6session cnd morwgement by Mortgc~gee shotl not in any way offect its rights of foreciosure cnd tfie appointment of a receiver as herelnbefore prov+ded. Mortgc~gee mcy from time to time vroive its right hereundcr to collect rents ond other i~come but any such vraiver shall twt prejudice Mortgagee's ~ight to rr~ke such collections thereafter so long os and whenever o defcult exists under this mortgage or the rwte hereby secured. Mortgagee sholt hove the right, but stwii not be required, to sue for coNection of rents, possession of premises or other remedy, but shcll not be liable for failure b collect rents or other income and sholl be held accountoble for only such omounts os ore actuolly received. Funds received b?r the Mortgogee shoil be oppiied at its dist~etion b expenses of collection, including reasoncble attomeys fees, necessary nepoirs, Mxes and insuronce on the mortgaged premises, ond on account of the indebtedness.hereby secured. No chenge or modification of a leose or rental contract cavering premises herein de~c~ibed shall be binding o~ the Mortgogee unless consented to in writing by the Mortgogee, 11. As further security for fulfillment of Mortgagors' obligations, wortgagors hereby assign to Mortgagee all oil, gas and mineral rights naw awned or hereafter acquired on the mortgaged premises, including but not limited to any bonus, rents and royalties payable thereunder; and, upon anq defaul.t, Martgagee is hereby empowered to enter upon aad take possession of the premises, as provided in Itean 10 above. ` 12. If any taxes shaZl be payable or be ruled to be payable by any State or Federal authority in respect to the esecution or delivery of this mortgage or the execution, deliverq or issusnce of said note, by reason of any existing or hereafter enacted Federal or State statute, Mortgagor will pay all such taxes, including interest and penalties if any, and will indemnify and hold Mortgagee harmless as against any lia- bility in connection there~ith (unless forbidden bq law). IN HITNBSS WHEREOF, said Mortgagors have hereunto set their hands and seals the day and year fir8t above written. In the Presence of: 4 aul H. Lef#man ~ ~ ~ ~ ^ Theo H. Lef ~v~~xJ Rs i.o ~,{~(~M?oiv~s / bert Green - • Bsther Green l01 r~scNs ~ gQOK 144 _ ~67 ~i~ ~ ~.~;y~~~ X ~ - _ . _ - ~ ~ - - - - ~