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Home My WebLink About2710 3 SEVENTH: That the tnortgagor agrca to pay on dan~nd all ezpenses and attorneys fea iaaured by the mo~tgagee reason of litigatioa with third pacties to protect the lirn of this moccgage and all moaeys so paid b' the mortgagee, inctu - iag anp apease it~rr~d in procuriag or rnnUnuiag ab~r~cts of title and titic polida aad searching the nrocds for the pur~oses of such lidgatioq shall bear interest at the sune cate u spcci6ed in the note savrcd hecebp os~ the principal ttxreof after default and matucity. and any sudi s~ms sopu d arith interest theceon shall constitute a lirn upon said premises md be secured by this mortgage and in default of i~nme~d'iate cepayment theceof by the martgagor t:er demaad, the whole indebtedness secvned heceb~ shal! at the option of the modgagee become dne and payable forthwith without notiee. EIGHTH: That as further secvrity foc the paymmt of said indebtedness aad the performaace of at! of the terms, mvenants and coaditions hereof, the mongagor does hereby morigage, truufer, set ova, usiga and pledge to the moctga~ee the lessor s intuat aad estate ia sll leases. mcludiag but aot limited to gis, oil and mineral leases, noa or 6erafter affechag the said premisa or an~ puc thereof, md alt reats, issues, ineome, pro6ts, royalties aad bonases due and M bceome due there~ mdu, and in t6e eveat of a default ander mp of the terms, rn~~enants and coaditions o~this martgage the moctgageo is 6ereby autborized and emp wered to collect a~d raeive all such rents, issues, incom~. profits, rojnltia and boausa dae and to beeome due and to appiy the same agai{ut sud indebtedness. So loag, hawever, u there shall be nv ~efault henvndec the mortgagor shall have the nght to collect a~ receive aay aad atl sucl~ rmts, issues, income. pro5ts, ropaitia and bonusex is thry capectivdy baome due aad payable, and to uae the same without aaounting to the moctgaga thereEor. NIIVI~I: That as further secvritq'for the payment of said iadebtedness and the performance of all of the terrrs, rnvenantx aad conditions her~of the mortgagor doa hereby modgage. traasfer. set over, assign and pledge unto the mortgage~e all cicrus and ocha aopa naw graaving and heieafcer grown oa said premises, hereby giving and grancing unra che morcgagee a fusc and prior lien chereoq provided, however, ihac such lien shal! be and is hereby ezpressly made subjecc and subordinue t ~ to any crop mortgage mvenng any atrus crops which mme into ezistence by bloom prior to foreclosure sale as provided by this mortgage or any aaaual aops planted prior to said foreclosuce sale, the provisioas of paragraph Tenth hereof not- ~ b withstanding. My such crop mortgage shal! not however be a lien prior to this moctgage on any atrus crop mming into beiag by bloom subsequent to said foralosu:e sale, or on any annual crop planted subsequeat to sud forectosure Sale. TEN'fH: That the anortgagee map release for such consideration, or none, as it aup require, any portion of the above described land without, as to the remainder .of the security. ia anywise impairing or stkecting the liens acid prioritia herein piovided fot the martgaget compared to ar~y subordinate lienholder. ELEYErTI~I: '17~e aet proceeds of any judgment, award or setitetnent in any condemnatioa or other proceeding for any damage to the premises, buildiags or other fixtuces theccon shall be paid to the mottgagee and shall at its option, either ~ be applied u a aedit oa any portioa of the onpaid balance oF the note secvred herebp, whether then matured or to mature in the future, or be reltased to mortgagor. ~ TVVELFl'H: 'ILat if tbe mortgagor shall default in the performance of any of the covec~nts or agreements }ierein eontained, or if an owner of said pranisa shall file a petition seeking an arrangement or composition or exteas~on or any ' other relief under or punuant to the Ftderal Bankmptcy Att or any other similar statute as now ot hereaEter in effect, or ~ shall be adjudicated bankrupt or insolvent or any of his property s6all have been sequestered and such decree shall have ~ continued undischarged and unstayed for ninety days after the entry thereof,.the entire iedebtednas he~ secuml, indud- ing all paycnents for tua, assessments, ins~uaace premiams, Gens, attomeys fees and expenses herein speafied, shafl, at the k option of the mortgagee, and without notia to the modgagor, be due and rnllectible at once b~ foralRUUre or othecwise; ~ ~nd, except as to property where such ptotrisioa is ptohibit-d by law, upon rnmmeacemeat of any fotedoaure or at any titne theceafter the mortgage~. u a matter of right, without toasiderahon of the value of the premisa,~or whether the property is probahly insufficirnt to discharge the mottgage debt oc is in dangec of being lost or tanovtd or injared, and irrespettive of the solvmcy or insolvrncy of t1~e mortgagor or the thrn owner of said premises, and withoat notice to the mortgagor or any person daiming under him, shall be rntided at oace to the appointment of ~ raeiver for said premisa, to collect tbe cents, ~ssua and profits therefrom during thependeacy of suc6 forrcloauce, and the pcoceeds of sud receivership shall be ippliecl by said ceaiver towud the payinent of t6e iadebtedaess secured by this awctgage, or towud the paymeat of sud? en part of the juagment rendered thaeoa u may reunin unut;sfied after the sale of said prem;sa, or to repap. to the mortgagee any advance~nents wh~ch said mortgagee tnay make after the commencement of foreclosuce adion for taxes, assasments, insurance ot otha d~uc~s u herein provided, tog~ther with interest theteon at the sam~ rate u speafied in said note setuted 6erd~y on the prina'pal theceof after default and maturity~ and from the proceeds of said receiven6ip said raeiver may make necessary reparn andkeep said remises in pmp~r coaditioa and repair peading such sale, and pay all caxes and assaw~enis acrrued or ucruing or redean ~rom sala therefor aad pay insuranee prem~Ums naeuary to keep said pranises ins~red in acmrdance with tht provisioos of this moctgage, and pay other P~oper charges u herein ptovided. and pay thr ezpaue of the receivership. THIRTEENTH: In case this mortgage be foreclosed by a suit inequity and the mortgaged premisa be sold to satisfy ~ a de-c:ee of forerlosure, the proceed~ of such sale shall be applied as follow~s: First, to the cxpenses incurced hereander; ~ saond, to a reasonable attoney's fee not to exceed fsve percent of the indebtednas Eor such xcv~ca u m~?y be naessary for ~v ~ ? ~ ~ the coltection of said indebtednas and the foreclosure of this mortgage; third, to the p3pmec+t of ar4~atever sum or wms the ~ ~ martgagee may tuve paid or become liable t~o pay in carcying out the terms aad stipiilatioas of this mortgage, to~ether with interat thert~; aad finatly to the pn ~rrnnt and satisfution of said note. The balance, if any, shall, unless the Court dec~ee ; ~ otherwise, be paid into the cegistry o~ the Court 6aving jurisdiction of said farecioaure suit~ to abide the further ordec oE _ said Court. ~ gpURTEBN'TH: 1"hat the mortgagor is lawfully seized of said premises in fce si~pte and hu good right and lawfu! = wthocity to sell aad aonvcy the sune, that the sanne are free from encumbranas e:ee~t u a~oraaid, that tt shall be lawfiil for ' ~ die moct818K t~ P~'~Y ~ 9~'i~ to enter upon, hoid~ oavpy md en~oy s~id pcemisa aad ever~ put thereof. i that the rmdgagor will acavte a procun any ucther neeasary assuranca of tide aod doa F~ereb~ forrver wurant genenlly ~ t6e tide to said premisa and will foccwer defead the same agunst the claia~s and demands of all persons whomsorver, aad the ; mortgagor and the makas of said note especially agree and dodue that t6e sepuate estate of aufi of them, whether vatc~d, ~ oontingeut or in acpectanc~, is 6ereb~ oonve~ed aad shall be bwnd fa the ~xiyment of the debt hcreby saured snd ach daa heceby a~prasl~ wuv~ rdesse and rclinqu~sh all ri;g6ts and brne6ts of an~ hocnestcad, appnisemrnt, acemption or stay to { which they tnay be entitled uoder the laws of the state in which said premisa ue sitwte, together with al! dower or curtesp ! rights, and a11 intecats and estata, statutory aud othecwise and of every nature whatsoeva ia and to said pnmisa. - ' ~ ~'I~TF.F1~T~i: Ttut tbe g~'ving of writtea notia addrased to ths o~vaen of teoord of said premisa or addressrl to + ~ the said owl~ers at their last addcas advaUy fnmished to the moctgagee. or addcessed to the awners at said premises. and ~ ~100K ~V~ ~CE~,~ _ _ _ - - _ - ~ , . _ _ _