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Home My WebLink About0209 ~i ~a~' SEVIIV'I~i: lbat the awrtgagor agcees to pay on ~icpens~ attomeqs' fea iacurred by the moct8~!8~ . reasoa of litigatioa with third pacues w protect the liea ' mortgage and ~}1 moneys so paid by thc mortgagc~ iad • ing aay e:pease incucced in pravring or continuing abatracts of title and tide poGaes aad searthing the raocds foc the purposes of sucL liagatioa, shall bear interat at c6e s~me tate as sped6ed in the note secured haebr on the prindpal thereof aEter default aad maturity. and any such sums sopaid with interat thereon shall rnnstitute a lien upoa said premua and be sccured by this moctgage and ia default of ucamcdiate repaya~eat thereof bp the mortgagoc after demand~ the whole indebtednas secured hereby shall at the optioa of the mortgagee beccome due ind payable forthwith without notice. EIGHTH: That u f~utha security for the paymeat of said indebtednas and the performance of all of the temos, aovenants and conditioas he~cof, the mortgagor doa hercby mortgage, tcansfec, set over~ aaa~gn and piedg~ to the mortgaga the lasor s intenst and estate in all leases. iacludiag but aot limited to gu, oil and mineral lases. now or hereafter adecting the uid premises or any put theceof, aad all rents, iswa,-intome, pro6ts, toyaltia and bonuus due and to become due thero- under. and ia the event of a default under any of tlx temns, rnvcnaats and coaditioas of this mortgage the mortgagec is 6ereby authorized and empowerod to eollat and iaeive all wch rtnts, issues, income, probts, royalties aad bonusa due and to btcome due aad to app[~ the sune againsc said indebtedness. So long, 6oweva, u thece shall be no default heceundec the mortgagor shall have t6e ngbt to collect and reaive my and all such rents, issua, incoa~e, pro5ts, royaltia aad bonuses as thry respecti~ely become due and pqyable, and to use thc same without accountiag to the mortgagee theretor. NINIZI: That u farthec security for the payment of said indebtedaess aad the performance of all of the terms. coveaants and conditions heteof the moctga$or doa hereby tnoctgage, trsnsfer~ set over, assiga and pledge nnto the modgaga aIi daus and otha aops no~ar g¢ ~aad herafcer gcown on s;id premiscs, hereby- giving aad gaacing unm the mongagec • fusc and prior liea thaeon, prov hawever, chat such liea shall be aad is h~ceby ezpressl~ made subjecc and subordinace t~o any ccop mortgage rnveriag aap dtcus-aops which coane into ex;stence by bloom prior to foredosuce sale u pcovided b' t6is mortgage ar any ann~l aops plauted prior to said foralosure sale, the provisions of paragraph Tenth haeof not- w~thstanding. My such aop mo~tgage shill aot however be a liea ptior to this moitgage on any atcus ccoR mming into being by bloom subsequent to said foreclosure sal~ or oa aay annual crop planted subacquent tasaid foredbsure sale. TENTH: lbat the mortgagee may releue R~r such rnnsidention, or none, as it may requirq aay poction of ihe above daaibod land without, u oo the remainder of the scYUrity. in anywise impairing or a~ecting the lims aad priorities hereia provided for the morcgaga compaced to any s~bocdinate lienholder. " ELEVENTH: The net proceeds of anl ludgmeat, awud or settlement in anp condemaation or other proceeding fot any damage co the buddings or od~er 5rtures therean sl~ll be paid to the moitgagee aad s6a11 at its option, atha be applied as i a~ portion of the nnpaid balanoe of the note secured hereby, whether thea matured or bo mahue in the futur~ or be released to moctgagoc. . 1'~WII,F11I: That if the anoctgagor s6all default in the performaace of any of the rnvenants or agreements herein contained, or if an ownaer of said pranises shall file a petitioa scdcing an urangement or compoaition or e:tauioa or an~ other rdief unda or pursuant to the Federal Baakruptc~ Act a aay other similu stztute u aow or hereafter in e~at, a j shall be adjudiated bankcupt or insolveat or any of ~s propert~ s6all have been sequatercd aad such deaee shall hare ~ contiaued und;stharged and unstayed for ainety days aftec t6e eatry thereof, the entire iadebtednas hereby aavred, iaclud- - ing all paynnents foc taxes, asses.woenb, iasurmce premiua~t. liens, attomeys' fees and expenses huein speafied, s~ll, at the option of the mortgage~ and without notice to tbe mortgagoc, be due and collatible at once by foralos~ue or otheia?ise; and, ezcept ss to propaty when such provisioa is prohibited 6y IavP, upon oommencanent of any forcclosure or at uiy time thereafter the moctgagee, as a mattec of right, without consideratioa of the value of t6e premisa, or whether th~ propat~ . is probably insuBicient to disdvrge tbe mortgige debt or is in daager of beiag loat or ranoved or injurcd, and irrapative of tbe solvency a insolvmcp of the modgagor or t6e then o~vner of said premisa, and without notice to the moctgagor oc any person cta;m;ng ~,nda him, shali be entided at once to t6e appointinen~ of a receiver for said premisa, to coUat the ceats, usua and profits therefrom during thependea~ of such foralaaure, and the procecds of sud caeivenhip shall be applied by said raaver toward the paya~ent of t6e indebtedness secured by this mort8a8e. or towacd the payment of such - put of the judgmeoc rendered theceon u may ramin ons~tisfied after the ule of said premisa, or to cepay to the mortgaga ~ any advancemenb wWc6 said moctgagee may make dter the commencemeat of foralosure utioa for ta~ca, assessments. insuruice or ot6er chuga u herein pcov;ded, togethet with intrrat thereon at the same nte as speci5ed in said nae securod 6ereb~ on the p' pnl theceof after default aad a~turit~r. and from t6e pcoceods of said receivership said recaver mz' mal~e oocessary repain and kap said pretnisa in propet c~diuon and repaic pending such sale, and pay all taxes and ~ssaunenb accn~ed or aanung or redeem Erom sala therefor and pay insurance p~~ms necasary to Iceep said premisa insured in ucordance with the pcovisions of this moctgage, and pa7 other proper chuga u herein provided, and pay t6e ezpense of the raeivenhip. 'THIg~T'EEIV'IH; In case this modgage be foralosed by ~ suit in uity and the modgaged premisa be sold to satisfj a decce~ of focaloAUe, the Froceeds of suc6 sale s6iU be applied u~ollows: Fint, to the expenxs incurred hereunda; seoond, to a reasooable attome~': fee aot to e:c~ed five perant of thc indebtednas for s~th sernoes as msy be neoasacy for the eollation of said indebtednas aad the foral~ue of th;s mo~tgage; third, to the payaxnt of whueva aum or sums tbe tnortgagee ma~ 6sve paid or become liabk to ps in arrying out the teccns u~d stipulations of this mortgage, to~~ with interest theceoa: aad 5nally to tbe pa~ ~satisfadion of said note. The balaoc~ if any. shill, unless the C decree othecwise, be paid iato dx ngistry o tix Cflurt having jurisdiction of said foralowre suit, to abide tbe fw~tha order o~E said Court. . . ' gpUR'TB~TTH: That tbe modgagor is lawfnlly seiud of said premises in fa sinple and hu good right and lawful ~ autbority to sd! u~d oonvry tbe same. t6at the same ur fra from eacumbcances r:oe~t u a~oresaid. that it shaU be liwful for , tbe moct8~8a t1°~ P~1 ~ 911'etl~r to enta upon, hold~ oavp~ aad ea~o~ said remises aad e~ec~ put theroof. ; ~ tl~t the mozt ~+iU e~ecvte a pcoau~e a~ Eurt6er nacas~c~ assunnoa of tide md doa ~ forevec w?ucant genaall~ i me title to ~d pcemisa aod will forever defmd the same ag~unst tbe cWa~ and d~ds of all pasoo: ahomsoe~er, aad t6e ~ ~ moctgagor aad tbe mdcas of ~id aaee apedill~ agere ~od dedue that the separate e~tate of ac6 of them, wtxthec vaced. ~ c~c~ cootingent or ia acpatu~, is henb~l oon~e~ed aad sbsll be bound foc tbe pa~ment of the debt hereb~ savred and ad~ doa ~ ~7 ~P~1 c~deax aad relinquu6 al! rights aad bene5ts of a..l !wmatad, appcaisemeat, a~empt;on or ata~ to ~vhich the~ ma~r be entitled mda d~e laws of the state ia ahich said premua are situate, Mgether with al! dower or cucta~ rig~ts, sad i1( intecesb and avtes, statutory and otherwise and of every nature wlutsorva in and to said premises. FIFTB,~I: ~at the giving of written natia addrascd to the o~n of raocd of said premises or addressed to the said awners at their last iddras uhully fumished to the mortgsgce, or addresxd to the a~mers at said pnmises, and s.~._.._ ~ Y~.~:., _ _ - - M~, ¢ -