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Home My WebLink About0739 ~ SEVENII-I: That the mortgagcM agrea to pay on danand all expensa and attomeys fea incurred by the mortgagee by reason of litigatioa with third puties to protect the lien of this mortgage and all moneys so paid by the mortgagce, iadud- ' iag aay expense incvrred ia procucing ot contiauing abatracts of title aad title poliaes and searching the recocds for the purpoaes of sud~ litigation, shall bear interat at th~ same rate u sped6ed ia the note sccuced hecebp on the principal thereof after default and maturitq, and any s~ch s~ sopu d with interest thereon s6a11 mastitute a Iirn upon said premisa and be secvred by this moctgage aad in default of immediate repayment theceof bp the mortgagor aEter demand, the whole iadebtedness secvrcd hereb~r shall at the optioq of the m~tgagee baome d~e and payable forthwith without noticc. EIGHTH: 1~t u f~rthu security for the payment of said indebtedness and the performance of all of the terms, mvenants and rnnditions hereof, the mortgagor doa hereby mortgage, transfer, set over, a~ss~gn and pledge to the mortga the lasor's intaat aad atate in all 1r~sGS, includia~ but not limited to gas. oil and miaen! leasa. noa or hereafter a~ect~ng the said premisa or anr pact thereof, and all reats. ~ssues, income. pcofits, royaltia and bonuses due and to bccome due thero- under. aad ia the event of a default uader aay of the temns, mvenants and oonditions of Wis mortgage the matgagee is henby authorizcd and empowered to collat and raave all such rents, issua, iamme, pmfits, roya1tia and bonusa dae and to baome due and to app[~ the same against said indebtednas. So long, hawever, as there s6a11 be no defaolt heceuader t6e mortgagor shall have the nght to collect and reaeive any aad all such cents, issua. ineome. profits, royaltia and bonuses as they respectivel~ beeome due and payable. and to ute the same without accounting to the mortgagee therefor. NIIV'TI~I: 'l~at u farther savrity for the payment of said indebtedaess and the performance of all of the terms. oovenaats and co~ditioat her~of the mortgagor does hereby aooctgage~ transfer, set over, assign and pledge unto the mortgagee ~ dl davs and ocher aops nanv gc~naviag aad hereifcer grown on said premises, hereby giving and grancing unm che mongagee a • firsc and prioc lien chercoq ~ravided, ho~vevrr, ch~c such lien shall be and is herebl ezpressly made subjecc and subordinate to wy crop modgzge aovenng any atrus crops which come iato c~cistcnce by bloom prior to foreclosure sale u provided by this mortgage or any amual aops plantcd prior to said foralosnce sale, the provisions of p3ragraph Tenth hereof not- ~,1 withstanding. Aay such trop mortgage shall not howevec be a lien prior to this moctgage on any atnu crop coming into being by bloom subsequent to said foreclosure sale, or on any aanual aop planted sutucquent to said forectosure sale. TEIVTH: "Ibat the mortgagee maq releasc for such cotuidention, or none, u it may rcquire, any portion of the above described land without, u to the •remainder of the securitv, ia anywise impairing or a~ecting the lieas aad prioritia herein provided for tLe mortgagee rnmpared to any subordinate lienholder. ELEVENI~3: 1Le net proaeds of any judgment, ~ward or settlement in any rnndannatioa or other pcoaeding for any dunage to t6e ~remises, buildings or other fuctures thereon shall be paid to the mortgagee and shall at its option, either : be applied u a aedd on any portion of t6e unpaid balance of thc note secuced hercb', whether then maturcd or to mature in the futur~ or be reletsed bo mortgagor. • TWF.LFIH: That if t5e mortgagor shall default in the petformana of any of the rnvenants or agreemeats herein eontained, or. if an owner of said pranisa shall file a petition secking an arrangement or composition or extenswn or any other reliaf unda or purswnt to the F~decal Banlcruptcy Act or any other similar statate as now or hereafter in effat, or thall be adjudicated bankcupt or insolvent or any of his property shall have been sequestered and such decree shall have oaotinued undischarged and unstayed'for ainety days after the entcy thereof, the entire indebtednas here~ secared. inclod- ing all payments foc taza, auasments~ insurance pcm~iams, liens. attoraeys fees and acpenses henin specified, shall, at ttx option of the moctgagee, aad withont notice to the mortgagor. be due and collectible at once by foreclowt~e or otherwise; and, rmpt as to pcopeity when such provisioa is protu'bited by law, upon rnmmencement of anp foralowt~ or at aay time ther~after the matgagee, as i matier of ng6t, without consideration of the value of the premisa, or whather the propect~ is probably inwBcieat to discharge the mortgage debt or is ia duiger of being loat or ranovcd or injuc+e~ and ircapedive of the solvency or iaSOlvaxy of the moctgagor or the thrn owuer of said premisa. and without notice to the mortgagor or aa~ person daiming nnder him. s6aU be entided at ooee to the appointinent of a rocaver for said ~remises, to rnllat the ~eats, rssues aad profib therefrom during t6epend~cy of suc6 focalosuce, and the proceeds of sa,d roceivenhip shall be applied by uid caeiva towud the payment of the indebtedness secured by this anoctgage~ or toward the payment of sud~ _ put of the judga~at rrndered thereon as may cemain onsatisfied after the sale of said preanisa, or to repay to the moctgagee any advancemenb which said mortgagee may malce afta the rnmmencement of foreclosure action for taxes, assessments, insuracu+e or other charga as 6erein prrn?ided, toget6er with interest thereon at the same rate as spaified in said note sec~ued bereby on the prindpal thereof afta default and maturity, md from the praceds of said receivenhip sud reoeiver may make necessary repain aad keep said~temisa in proper condition and repair prnding such sale~ and pay all tues aad assessmrnb urrued or aeaumg or reaemn rom sala therefor aad pay insurance premi~ aecasary to keep said pranises insured in aaordance with the provisioru of this modgage, and pn~ ather proper char~;es u here~n provided, and pay the tzpenx of the teceivenhip. = THIRTEErTI~I: In ase this mortgage be foreclosed by a suit ia ~uity and the mortgaged premisa be sold to satisfy a daree of foralosute, the ptocreds of such sale s}ull be applied as ollows: First, to the acpensa incvrred herrunder, saond. to a c~a~son~ble altb~mey s~fee nat to ezceed 5ve percern of the iadebtedness foc s~uh secv?ca as may be necasary for the cotlation of said ind itedn and the foraloaure of this mortgage; thicd, ro the paymrnt of ahatever sum or surns the mortgagee m~a~ 6avepu d or beeome liabk to pay in arc~iag out the tercns and stipulations of this mortgage, together witb interest thaeon; and 6nally to the payment and sat~sfaction of said aote. The balance, if any, shall, unless the Court decroe otherwisG be paid into the ngistcy of the Couct having jarisdidioa of said forcclosure suit. to abide the furtha order of uid Couct. FOUATEENIT-I: T6at the mortgagor is lawfully seized of said premisa in fee simple and has good rig~t and lawful autbority ~o sell ~ad oonvry the sam~ that the same are free from aicumbraaca rzce~t u afocaaid, t6at it shall be lawful for the moctgagee at all times, peaoeabl~ and quidl~ to enter upon, 6old, oocup~ and m~oy said premisa md every part thereof, that the modgagor ~rill emvte oc pcoaue any Eurther aecasary ururaaca of tide and doa F~ereb~ forever wurant generallT the tide to said pir~mises and ~?ill fomver defend du saa4e against the claims wd dem3nds of all persons whomsor?er, aad the moctgagor and du maken of said note apaially agree and dalue that the sepuate estate of ac6 of them, whether vested. a~ntiagent or in apecta~7r, is henby oo~ve'ed and shall be bound foc tbe payment of the debt hereby savred and euh doa heceb~ apressly ~vuve, retease and relinquish all rig6b and brne6ts of anT homestad, appraisement, eaempt~on or stay to whicbthry may be eatided under the laws of the state ia which said premua are situate, together with ilt dowa or evrtesy rights, and all iatrnsts md estates, statutory and othecwise and of every aature whatsotver in aad to said premises. } i=IFI'F.B[~'!H: TLat tbe giving of written notia addressed to the ownen of recocd of said premises or addrased to the said ownas at their last ~ddras adua[ly fumished to the matg~~ to the awners at said premises, and _ . . _ ~-~.~.z ~ = ~ -~--n ~ j,