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Home My WebLink About2706 SEVENTI-I: lbat the anortgagoc agrees to pay on demand ~1 exp~~ paci attoa~gy~'•fees incurred by the mortgagecby rruon of litigatioa with third puties to protect the lien of this mortgage and,all moaeys so paid by the awrtgagee, mclud- iag any expense ~incurred in procvnag or continuing abatracts of utle and tide polina and searching che records for the parposa of such litigatioq s6a11 bear inte~at at the same rate u spcafied in the note sccurod hereby on the priacipal thereof after default and maturity, and any such s~ms sopaid with interat thereon shall tonstitate a lim upcro said preauses . and be savred by this mortgage and ia defaalt of innmediate repapment thereof by the mortgagor aftec danand, the whole iadebtecinGSS sccvrcd 6eceby,shall.at tht option of the mortgagee become~dtu a4d payable forthwith without notice. EIGHTH: ~at.as futcher, security for ~he pa~t of s~aid .iqdebtc~ess. aad the perforcnapc~ of dl oE.the tFmus. covenants and conditioaa heceof, the mort oe ga,heFeby mortgagt. transfer~ set over, us~gn and pltdge to the mortga$ee the lessoi s inter~t and estate in all ieases,~uicl~itwg 6ut not limitea to ~as, oil aad miaetal leasa. now or hereafter aHechng the said pnmisa or any part thtceofti md aH~ieat~,~issues, id'cbrae; profits,•rory?altia aaa boausa due and to become due thecr- ander, and in the rvmt of a default undu any of the terms, rnveaaats and coaditions of this mortgagt the moctgagce is 6ereby authorized and emp arcced to rnlled and caeive all such cents, issua, incomc, profits, myaltia and bouusa d~e and to become due and to~apply tbe sune aguast said iadebtedaas. So long, howeva. as thae shall be no default hereander the mortgagor shall have the nght to collect and ceceive any and alt auh reats, issua. iacome, profits~ royaltia and b~uses as they cespectively beeome due and payable, and to use the same without aaouating to the mortgagee therefor. _ NINTFI: Tlut u fnrtha seturity for the paymrnt of said indebtednas snd the performance of all of thc teraLS. covrnants and cnnditions hereof the mortgagor does heceby mortgage, trmsfa, set over, assign aad pledge uato the mortgagee all dcnu and ochrr crops now grawing and hereaf cer gra~vn on uid premises, heteby giving and grancing unro the mortgagee a firsc and prior lien c6ereon, provided, however, chac such liea shall be aad is hereby exprasly made subjecc and subordinace to any crop mortgag~ mvenng any utcus crops which come into ezistence by bloom prior to foreclosure sale as provided by this mortgage or any annual trops planted prior to said foredosure sale, the pmvisioas of paragraph Tenth hereof not- withstanding. My such-crop mortgage shall not however be a lim prior to this mortgage on any atnu aop rnming into being by bloom subsequeat to said foreclosure sale, or on any annual crop planted subsequent to said forec~osure sale. TErTl'H: That the martgagee may release for such coosideration, or none, as it may require, any portion of the above described land without, u to t6e remainder of the secvrity, i~ anywise itnpairing or affecting the liens and priorities herein ptovided for the mottgagee mmpared to any subordinate lirnholdet. ELEVF.N'IN: The net proceeds of any judgment, award or settlement in any coademnation or other proceeding for any damage to the premisa, buildings or ather fixtures thereon shaU be paid to the mortgagee aad shall at its option, either be applied u a aedit on any portion of the unpaid balance of the note secured heceby. whether thrn matured or to matur~ ~ in the futuce, or be released to mortgagor. ~ ~ TWELFI~I: That if the mortgagor shall default ia the performance of any of the covenants or agraments herein eontained, or if an owaer of said premises shall file a petition seeking an arrangement or rnmposition or extension or any ~ other relief under or pursuant to the Federal Bankruptey Act or any other similar statute as now or hereafter in effect, or ! s6a11 be adjudicated bankrupt or insobent or any of bis propeny shall have been sequeuered and such decrce shall hive i rnntinued undischarged and unstayed for ninety days after t6e rntcy thereof, the entire ~ndebtednas hereh~ savred, indud- E ing all paymec?ts for tua, assessments, inwranee premiums. liens, attorneyi fees and acpenses herein speafied, shall, at the ~ opt~ou of the awrtgagee. aad without noticr to the moctgagor, be due and collectible at once by forecloaure or otherwise: ~ and, ezcept u to property where such provision is prolubited by law, upon mmmrncement of anq focedosure or at any time thereafter the mortgagee, as a mattec of right, without rnnsideration of the value of t6e premises, or wheth~ the propert~ is probably insufficieat to dischuge the aoortgage debt or is in danger of beiag iost or removed or injured, and irrapechve of the solvrncy or iasolveney of the mortgagor or the then owner of said premises, and without notice to the mortt;agor or ~ny person da;ming undec h;m~ shall be encided at ona to the appointa~ent of a raeiver for said premises, to rnllod the cents, ~ssua and profits therefrom during thepeadmcy of suc6 foreclowce, and the proaeds of uid receiven6ip shall be ipplied by said caeiver towud tl~e payment of the indebtedness secured by this morcga8~~ or towud the payment of s~xh put of the judgment rendered thereon as may remain unsatisfied after the sale of said premises, or to repay to the mortgagee any advanamrnts whicb said mortgagee may make after the mmmencement ~ of foiedosure action for taxes, assasmeats, insarance o~ other darga u herein pcavided~ together with interest thereon at the same rate as spea6ed in said note secvred htreby on the prina'pa1 theceof after defaalt and naturity, and from the praaeds of said reoeivership said raeiver auy make neassacy cepairs andkeep saidp~mues in proper condition and repair pending such sale, and pay a1! tua and assessmrnb aoaued or acrnung oc reaeem mf m sales thecefor aad pzy iasurance pranwms necasary co keep said pmnisa iasured in acmrdance with tbe provisioat of this mortgage, and pay other proper charges as herein prov~ded, and pay the acpense of the receivership. THIRT~TI~i: In ease this modgage be foreclosed by a suit ineq uity and the moctgaged premises be sold to satisfy a decrer of forc~closure, the proceeds of such sale shall be applied as follow~s: First, ro the espenses incurred hereunder; . second, to t casotnble attomey s fee nat ta e~cceed frve percent of the indebtedness for such servica as may be naasary for the collection of said indebtednas and the focecloaure of this mortgage; third, to the payment of whatever sum or wms the mortgagte may lsave paid or baane liable to pay in cartying out the terms and stipulatioiu of this mortgage, toAethec with intecat thereon; aad 5nally to the papment and satisfution of said note. The balance, if any. shall, unless the Court daree otherwise, be paid into the registry of tl~e Court 6aving jucisdiction of sud foreclosure suit~ to abide the furthet ordec o! said Couct. ~ ppURTEErTTH: That the mortgagor is lawfully seiud of said premisa in fee simple and has good right and lawful anthority t~n sdl aad oonve~ the same, that the sune are froe from encumbnnca acce~t u a.fomaid, that it shsll be lawful for ~ the mortgagee at all tima. peueably aad qui~y to entec upon, hold~ oavgy and en~oy said prmnises and every part thereof~ ~ that che mort$agor will rzecute or pmnue any ~uither necasary usuraaca of tide ~nd doa fKreby forever wurant gmenll~ ; the tide to sud prean~sa uid ~vill fonqer defmd t6e same aga~nst the claiwns wd demands of all persons whomsoever, and the mortgagor and the makas, of said note apaialfy agcee and dalue thit the sepac~te estate of ~ach of them, whether vated, coatingent or iu apectaocy. is hereb~ conve~ed and shaU be bo~nd fa tbe paymrnt of the debt hereby savnd and rich doa hertby esptasl~ wa~v~ rdea~e aad relinqu~sh all ri~ts and benrfits of an~ homatead, appraisement, a~emption or sta~ to which they may be mtided ~mder the laws of the state in which said pcemua are situate, together with al! dowa or curtay r;ghts, aad all interats and atates, statntory and othecwise and of every aature whatsoeva in and to said premisa. !'IFTE~;; ~at the giving of wcitta~ notue addrased to the oaners of raord of uid prennisa or addrased to the said o~vaea at their last iddras utuitly fumished to the moctgagee, d to said pcanisa. and a~c~~ ~cf~~~~~i~~ _ ~ - - - - ~ ~ ~