The URL can be used to link to this page

Home My WebLink About1863 SEVEI~TI~i: ~at the mortgagor agrees to pay on demand all expensa and attomeys fees incurred by the mortgagee ~ rason of litigation with thi~+d puties to protect the lita of this mo~tgage and aU moneys so paid by the mortgagre, indu - ing aay expense incucred in procuriag or continuing ~batrads of title d titlc politia aad searchiag the records foc the purposes of such lidgation, shall bear interat at the s}a~1a~~e ss sped6~ed in th~ securcd hereby on the priaci~al tlxreof after default aad maturity. aad aay such suaoa sopu d with iateirest the~eo~ shall~nstitute a litn upon said premisa a~d be secured by this mortgage and in default af immediate repayment thereof by tht cnortgagor after demand, the whole indebtedness sccured 6ereb~r shal) at the option of the moctgagee become due and payable fort hwith wichout notice. EIGHTH: ~at as further security for the payment of said indebtednas and the perforaoaaee of all of the teru~s. cnvenants and coaditions hereof, thc mortgagor doa hereby mortgage, truutcr, set over~ usiga and plcdge to the mortga the lasor s interest and atate in all leases, indudin~ but not liauted to gu, oil and miaenl leases, aow or heraker affad~ the said pc+emisa or aay part thereof, and all ca?ts, u~t, ineomG profits. coyalties and bonuses due md to be~come due thecc~ unda, and ia the event of a default under any of the tem~s, covenants and mnditioas of this moctgage the mortgagee is hereby authorized and emp wered to rnllat and raeive all such rents. iswa, inrnme, pro6ts, ia and boansa due and to bemme due and to apply the same against said iadebtednas. So long, hawevu, u there shall~no default henunda the mortgagor shall have the nght to collect and reeeive any md all wch rents, issua. income, pro5ts, royaltia snd bonuses as tbey respcctiv~ly beeome due and gayable. and to u9e the same without aamundng to the mortgagee therefor. NIN'IH: T~ut as further savrity for the paymeat of aand jadebtednas and the perforn~snce of all of the teans, rnva~ants and conditioas hercof the mortgagor does hereb9 mortgage, transfer~ set over. ass;gn and pledge uato the morigagee all ciuus and ocha cropa no~v grawing and hereafcer gro~vn on said premises, bereby giving and grancing anco che morcgagee a 5rsc and prior lien thereo~; pravided, howev~er, chat such lien stull be and 'u hereby ezpressly aoade subjecc and subordinate to any crop mortgage oovamg any atnu aops which coax into a~istrnce by bloan prior to foreclosure sale u provided by this mortgagc or aoy annual aops plantcd prior to uid foreclosure ule, the provisioas of paragraph Tenth hereof not• withstanding. Anq such uop mottgage shall not however be a lien prior to this mortgage oa wy citzus aop coming into being by bloom subsequent to said foredosure sale, or on any annual aop planted subsequeat to said forectosure sale. T~NTI-I: That the mottgagce mzy telease for suth consideration, or none, as it may requice, any podion of the above datribed land without, u to the remainder of the securitv, ia anywise impairing or affeding the lieas and prioritia hcrein provided for the mottgagce compared to anr subordinate lienholder. BLEVENTI~: The net proceeds of any judgroent, aaard or settlemmeant ia any coademnati~ or other proaeding for any damage to the premisa, buildiags or other fuctures thercon shal! be paid to the mortgaget and shall at its option, either be applied u a cred~t on any portion of the unpaid balance of the note secured henby~ whethec thrn matured or to mature in the future, oi be releised t0 mortgagor. " TWELFI'H: That if t6e anortgagor shall default in the performance of any of the mveaants or agreements herein ; tontained, or if an owner of said pteanisa shatl file a petition seeking an arrangcment or mmpoaition or extension or any ; other celief under or pursuant to the Federal Bankruptcy Ad or any otlxr similar statute as now or hereafter in effect, or i s6a11 be adjudiated bankrupt or insolvent or aay of his property shall have beeo sequatered aad such decree sh~ll have j cnntinued undischarged and unstayed for ninelp days afta tbe eatiy theroof, ttie entire indebtedaas hereb~r secured, includ- ~ ing all payments for taza, assessments. insurance prmtiuu~s, lieas, attorneys fees and acpenses herein spedfied, shall~ at the option of the mortgagee, and without cwtice to tbe mortgagor, be due and coUectible at once by forecloaure oc otherarise; i and, exeept u M propaty whece such provision u prdu~ited by law, upon commencement of any foraloaure or at any time . ~ thereaftec the mortgagee, as a mattu of right, without cauideration of the value of the premisa, or whether the property is pcobablp insuflicimt to discharge the mottgzge debt or is in danger of being lost or removed or injured, and irrapecfive ~ of the solveaey or insolvmcy of the mortgagor or the thrn oaner of said premises. and without notice to the mort~agor or ~uy pecson daiming nnder him, shall be entided at ooce to the appointment of a raeiver for said ~remisa, to mllat the ~ rents, issues and profib therefrom during thependency of wc6 Eoraloaure, and the procoeds of sud receivership shall be applied by said radver toward the paymrnt of t6e indebtodneu secured by this awrtgage, or towud the paymeat of such ~ part of the judgment reademd thereon as may remain unsatis6ed aftu the sale of said premixs, or M crpay to the modgagee any advancecnents which said mortgagee map malce afta the comcnenament of foreclosure ution for taxes, assasments, ~ insurance or other charga u hercin provided, together .vith interest thereon at tbe same ratr as spai5ed in uid note secared 6ercby on the.prina'pal theceof after default and mahuit~?, aad fcan the proceeds of said reteivuship said reoeivec may make ~ aecasary repun andkaQ sud premises ia pmper mndit~oa and repur prnding such sale, and pay all tua and assasmeab ~ouued or acuuing or redean from sala therefor and pay insuranee preauuau neeas~uy to keep said pcrmisa insured in ~ aoeordance with t6e provisions of this mortgag~ md pa~ other proper charges u hercin prov~ded, and pay the exprnse of ~ the receiveiship. ~ THIRTEErTtB: In case this mortgage be foreclosed by a suit in equity and the moctgaged prunisa be sold to satisfy K ~ drerc-e of forexlosure, the proaeeds of such sale shall be applied u fol(ows: First, to the rzpenses incurred hereunder; ~ saond, ro a casonabie attoaey's fet aat to txcred 5ve percrnt of the indebtednas for snch strvues u may be naessary for ~ the collection of said indebtednas ac~ the foreclosure of this mortgage; third, to the payment of a•6atcwec sum or sums the mortgagee ma~ have d or baome liable bo ia c~rcying out the terms and stiputations of this moctgage. together witL pu pay rcy ' interest thereon; aadiniUy to the payment an- d sat~sfution of said note. The bola~e, if any, shall, unlas the Court decree ~ uthecwise. be paid inbo t6e ngistry of the Conrt having jurisdidion of said focedosure sait, to abide the further order of , said Goutt. ~ FOURTBENTH: That the aactgagor is lawfully seized of said premisa in fa simple and has good rip~ t and lawful ~ aut6ority to sell and aonvry the same, @ut the same are fra fcom enaunbranca aca~t as afocaaid, tlu~t it shall be liwful foc - the mortgagce at alt timss, Pe~aKWf and qui to enttr upon, hold, oavpy and en~ said rerises u~d tvec~ part thetrof, oy e t6u the mortgagor ~vill e~ecote a proa~n any urther neeasar~ assnranca of title and doa ~ Eon~er wurant B~~I the tide to said premises aad will forever defend the same agunst the claims and demanda of sll pasons wbomsoe~er, aad tbe ~ anoctgagor and tbe m~kaa of ssid note apaially igree and dedare that the aepante estate of ad, of them, whether vested, eoatingmt oc in a~pataoc7r, is heceby oonve~ed and shall be bouad for the gapnent of t~ debt 6aeb~ secnred aad ach daa hereb~r aprastl wuv~ relwe and rdinquuh all rights md bene6ts of a~ lamatead, appraisema~t, exemption or star to which they ma~r be entitled undec the Lws of tlse state in ~vhich uid prem~sa ue situate, together with al! d~aa or autay rigbb, and all mtecats and estata~ shh~Mry and otherwise ~nd of every natun ahatsotva in and to uid ptanises. r FIFTEENTH: Tbat tbeg~ru~gg of ~vrittm notia addressed to the o~vnecs of reoord of said premises or addrased to the sild o~vnas at thdr last ddras actually fnrnished to t6e m~~ v dcessed to tlx awners at said premixs, wd 800~~`6~ 61 _ _ w_._ _ _ - ~ ~