Loading...
HomeMy WebLinkAbout1763 ,1 > ~ ~ ; - - growing upon the said nwrtgaged premiscs at the time of filing suit for foreclosure hereof and thereafter. and all of the rents. ; issues, and profits of the said nwrtgaged prenuses unpaid and unco!lected at the time of filing suit for foreclosure hereuf and j ti~ereafter, and upon filing suit for foreclosure, or at any time thereaFter, second party shall be entitled to have a receiver t ap~inted to take charge of the said mortgage prenuses and the crops sown or growing thereon, together wiih d~e said rents, issues, and profits arising therefrom and hereby assigned, and hold the same subjcct to the order and direction of the court. 10. First party covenants tl~at he will not perform any act which might impair or tend to impair the continuation on E ~ the pro~rty herein described af alt crop allotments and acreage allotments now established or hereafter established on any of ~ the property herein described. 11(a). ln the event second party becomes a party to any legal proceeding (ixcluding an action to foreclose this nwrtgage or to collect the debt I~ereby secured), involving this mortgage or the preniises described herein (including but not Gnuted to tl~e title to the lands described above), second party may also reco+~r of first party all costs and expenses reasc~i~ably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when , paid by second party shall becun~e a Part of ihe debt secured hereby and shal) be immediately payable upon demand, and ~ shall draw interest from the date of advance by second party until paid at the highest rate provided in any ~ote or other ' instrument secured hereby. I 11(b). ln the event said debt, or any part thereof, is established by or in any action tor foreclosure of this mortgage. ; second party may also reeover ot fust party, in addition to the said debt or so much thereof as shall be unpaid, a reasonable ~ ' fee t'or the attorney of second party for professional services rendered in such actiun, such fee to be incorporated in the i < decree of Coreclosure sn such action. _ 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as provided ~ in said note or other instrument secured hereby or a breach of any of the covenants or oonditions of said note or other ~ instrument secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person ~ designated by second party may enter upon said premises at any time fot the purpose of inspecting same or for any other ` purpoaes desired by second party. ~ 13. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the property hereby encumbered are hereby assigned and shall be payable unto second party for appGcation, after payment 'I therefrom of attorney's fees and expenses incurred by fust party ar.d by second party in connection therewith, on such part ~ of the indebtedness secured hereby as seoond party may determine, with no duty on second party to collect same. l4. First party agrees as a condition hereof that all obligations, assignments, releases ot real property and/or personal i liability, reamortizations. renevrals, deferments, extensions or any other ageement, in writing, made by any one or more of j :he parties herein designated as first party with second party are hereby suthorized and consented to by all parties herein i designated as fust party and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns i ot aU the parties herein designated as first party. 15. First party agrees as a condition hereof that if a conveyance should be made voluntarily by first pazty (or by any j one or more of the parties designated herein as fust party) of any title or interest in and to the mal property described abov~e, ;I or any part thereof, without the written consent of the lawful holder of this mortgage, or if such tide or interest of Pust party ; (or of any one or more of the parties designated herein as first party) is involuntazily conveyed or transfened as the result of ! foreclosure of a junior lien or is required under court order or decree as the result of litigation (oonveyance or transfer of tide i or interest resulting from death of fust party, or any of the first parties, if more than one, excepted). without the written j consent of the lawful holder of this mortgage, then and in either of said events, and at the option of said holder, and without ~ notice to the fust party, all surru of money secured hereby shall become due and payable and in default immediately and concurrendy with such conveyance or transfer, whether the same aze so dus and payable and in default by the specific terms ; ~ hereof or noL ; 16. 'Ihis instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary thereto, and reguladons issoed thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may be pursued concurrendy, and shall extend to and may be extrcised and enjoyed by the successon anci assigns of second party, ; and by any agent, o~cer, attorney or representativc of second party, its successors or assigns. All obligations of, and ~ asti~gnments by, fust party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ' ~ successors, and assigns of first party. ~ ' IN Wl'fNESS WHEREOF, fust party has hereunto set his hand and seal (and if Pust party is or includes a i) - ~ corporation it has caused these presents to be executed and its corporate seal to be hereto affixed by its proper officers ; thereunto first duly authorized), this day and year fust above written. ~ ~ ' Signed, Sealed, and Delivered ~ in the presence of: x ~ ,l ~ ~ , ~ 'i ~ S~ C , ~~i~ ;I ~ _ (SEAL) ~ a - ` c/ ~~Llis? ~ ~ ~ . ~!~'r ~ (SEAL) 'r. ; , ~ ' ~ !I s (SEAL) ~ e ii ~ /~/n,~/~- (SEAL) ' PfCE'1'fD t_lLs~1~- IN Pe"u£A(T !1e etrrg - ~I _ - C'JE (yV CI~SS 'C iNTANG?BLE i f`:•".'-~ P" :~"r'(:;Y _ SEAL ~ 5 pt - _~~Ati'T TO !T:4P?-R ?JT24, AC'TS r~ l~tt. ~ ~ ~ ~ FGG: t POf ; F,AS, Clerk Ciccurt Ceu-t ~ as A~ezt for DANlEI N. KN~WLES, 1R _(SEAL) fi~ - SL L~:ie Cc~rtj 1ax Collector ; ~ li ~ B) - - ` c~run c~~~K ` ~I ~ ~ ~ ~ } : ~ ~ : ~ ~R ~ ~ ~ ~8'~ ; ~ ~ ~ ~ - - - _ _ - - - - - ~ - - a ~ i. ~ , ~ ~.~:s