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HomeMy WebLinkAbout0143 SEVENTH: That the moctgagor agrees to pay oa demaod a11 ~acpensa aad ~ttumeys fea inczured by the moctgageeb~ reuon of litigation with third partia to proced the liea of this morcgage aad all moneys so paid by the aoorcgagc~ tuclud- ing any expense incuccrd in procuring or continuing abstcxts of tidc• wd •tide policia and searching the rcoords fa the purposes of :uch litigation, shail beu interat at the same rate as speci6ed in the n~e secuced herdr~ on the principal thereof after default and maturity, and any such wms sopu d with interest t6eceoa shall rnastitute s lien upon sud premisa aod be secvred by this mortgage aad in default of immediate repayment thereof by the moctgagor ifter demand, thc ahole indebtedaess secured hereby shall u the option of the moctgagee baome due and pa~able forthwith without aotice. . EIGHTH: TLat u farther security for the payment of said indebtedness and the performanoe of all of the terms, mvenants and mnditions heceof, the morcgagor does hereby moagage, transfer, set over, ass~ga and pledge to the mortgagee ~ the lessoi s interat aac: estate ia all leases, includiag but aot limite.i to gas, oil and mineral leasu, now or hereafter a6ecting the said premises or any put thereof. and all cmts~ issues, in~ome, profits, toyaltia and boauses due aad to becoan~ due thera under~ and in the evau of a default under aay of the terms, ao~ eaants anJ conditioas of this uwrtgage the mortgagee is 6ereby authorized and em wertd to collect aad rootive all wc6 rents, issues~ inconx, pmfits, royalties and bonuses_ due aad • ~u become due and to app~y the s:me agaiast said indebtcdnas. So long, however~ as there shall be no defsult herew~der the moagagor shall have the right to cotlect and receive any and aU wch cents. issua, incoau, profits~ royaltia and bonusa ~s they respectivelr bernme due and payable, and to use the ruue without accounting to the mortgagee thectfor. NINTH: That as further secvrity for the payment of said indebtedness and the performance of all of thc terms. covenanis and tonditioos hero~f the tnortgagor does heceby mortgage, traasfer, set over, assign and pledge unto the mortgagee all dcnu and aha cropa naw gaAVing and hereafcer grown on said psemisa, bereby giving and gru?ciag unro rhe mongagee a 5rsc aud prior lien thereoq prov;ded, however, chac such lim shall be snd is hereby ezprasl~ made subject and subordinsu to aay uop modgage covenng my atnu aops which coaQe into ezisteace by bloom prior to foreclosuce sale as provided b' this mortgage or any annual crops planted prior to said foreclosure sale, the pmvisioas of paragraph Tenth hereof not withstaading. My such uop moctgage shall not however be a lien prior to this-mortgage on any uhvs uop comiag iato being by bloom subsequent to said focalosure sale, or oa aay aanual aop plaated subseqnent to said forcctnsuce sale. TENTH: 1l~at the modgagee nny nlease for such considention, or noae, as it may requice, any portion of the abwe described land without, s~s to the remainder of the security, ia anywise impairing or affating the lieas aad priorities herein pravid~d for the mortgagee compued to anq subordinate lienholda. ' ELEVLNl~i: The net proceeds of any judganen~ awud or settlement in any condannation or other pcoeeeding for any dami to the premises, buildings or other fixtures thereon shall be gzid to the mortgagce and shalt at its option, eitha be appli~as a crrdit on any poction of the unpaid balanae of the note sec~ued hereby, whethec then matured oc to mature ; in the future, or be released to mortgagor. _ ! TWELFl~i: Thstt if the mortgagor shall default ia the pecformana of any of the covenants or agreements herein ~ mntained~ or if an owner of said premises shall 51e a petition seekiag an urangement or compoaition ot auenuon or an~ othec rdief ander or purs~unt to the Federal Bankrupbcy Act or wq ot6er similu statute ~s no~v or. hemfta ia effa~ a stull be ss~judiated bankivpc or insolvent or aay of hu pmpert~ ahall 6ave beea sequatered and such deaee shall have continued aadischarged andunstayod foc ainety days after the entry thereof, the eatire indebtednas hereby sonired, iaclud- 1A8,~ PaYmeats for ta~ca, assessments, insurance premiums~ lieas. attorneys' fees and e~cpenses haein spaified, shall, at the uptioa of the moctgagee, and without notice to tbe mortgagor, be due aad colleuible at ona by forecloa~ue or otherwise; und, e~~cept u to propaty where such provision is pmhibited by law, upon mmenencement of any foralosure or at any time themftec the mortgagex, as a mattec of right, without rnnsideratioa oF the value of the premisa, or whether the propect~ ~ is probably insufbcieat to dischuge the mortgage debt or is in dwger of being lo6t or removed or injured, aad icrapauve of the solvency or iasolvency of the mortgagor or the tlxn owaer of said premises. and without notice to the mortgagor ot my pasoa claiming under him, shall be entitled at ona to the ~?ppointment of a receiver for said premises~ to coUect die crnts, issua and profits therefcom ducing thepen depcy of suc6 foralosure, wd the pcoae~s of sud roceivecship shall be applied by said raeivet toward the payment of the indebtedness xcvred by this mortgage, or towud the payment of suc6 part of the judga~nt rendered theceon u may reanin unsatis6ed after the sale of said prem,ses, or to repay to the mortgaga any advancunents ah'ich said mortgagee may malce aket the commencement of foraloaure utioa fa taxa,'usessments~ insurwce ar otha chuges u herein provided, to~tha with interat ihereon at the same rate as specified in uid aote saurod 6ereb~ on the pcina'pal thereof after default and maturity, and from the proceeds of uid receivership s~id receiver may malct necasary repain and keep said ptemises in propec condition and repair pendiag auch sale, and pay ali taxes and assessmenb accrued or aanung or redeem ~from sala therefor and pay insurance premiums naessary to keep said pranises insund in ucvrduxe with the provisioas of tbis mortgige, and pay other proper t6uga at henia prov~ded. aad pay the ezpense of the ceceivetship. , THIRTEIIVTH: In case this mortgage be foraiosed by a suit ineqw ty and the mo~tgaged premises be sold to utisfj a daree of foredosure, the proaeds of such sale shall be applied u fi~bws: First, to t6e ezpeases icxurred hereunda; sernnd, to i ceasaaable attome~ s fee not to rzceed 6ve percent of the indebtednas fa wc6 servica as may be naasacy fa . t6e colledioa of said iadebtednas aad the foralosuce of this modgage; third, to the payment of whatever wm or s~uns the modgagee may havepu d oc baome liable to ps in ar~ring out the tecros and stipulatioas of this mortgage, togetha with O iaterat thereon; and iaallr to the pa an~satisfution of said note. The bat~noe~ if any, sha11, ~mlas the Court dara otherwise. be paid ioto the ttgistiy o the Couct having j~uisdiction of said foralosure suit, to abide the fortba ocder of said Couct. FOURTEEN1~i: Tbat the mortgagor is lawfully xiud of said premisa in foe siaple and bu good right and lawful wthocity to sd! and comey the same. that the same ue fca fcoan encumbrances exa~t as afocaaid, that it shall be lawful for the modgagee at all titna. peueabl~ and qui~tly to eater upoq hold, oavp' and en~oy said c~isa and every put t6ereof. ttwt the mortgagor ~vil! e~ecate oc procure ~ fnttber naasac~ assuru~ea of tide aad doa ~ fore~er wuraai genaal!! the tide to said premisa and ~vill forevec defmd t6e same s~nst the clziaos snd dea~nds of all peraon: ~vhomsoerer~ md the moctgagor md the m~lcas of aaid aate apaiall~ ag~ee aad declue that the separate estate of adi of theao~ whether vested. aontingeat oc in , ~s beceby oonve~d and sh~ll be bamd fa t6e payment of the debt haeby sanred and adi doa n hereb~ ~pressir~~ease ~ad relinqwsh all righb and brne6ts of a~? homatad, sppnixmeni, ezcm ion or sta~ to which they ana~ be entitled imder the hws of the state in which uid pnm~sa ue situate, together with alt ower or curta~ rights, an~! all mtecats and atates~ stztutory and othecaise and of cwery mture ahatsoeva ia and to said premisa. FIITI'EQV~i: ZLat the giving of arittea natioe addrased to the ow~nen of record af said premisa or sddraxd to the said owners at their last address utually fumished ~p gee, or~~ to the owaen at said premises, and EO~tl~K.il~~ 'P~1~ _ . - - _ ~5,, , - -