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HomeMy WebLinkAbout2709 I ; _ _ i I , ~ growing upon the said mortgaged premises at the time of filing suit for foreclown hereof and thereafter, and all of the renb. I issues, and profits of the said mortgagedpremises unpaid and uncollected at 1he time of filing suit for foreclosure hereof and ; thereafter, and upon filing suit for forecl~aure~ or at any time theresfter. second party ahsll be entitled to have a receiver ~ appointod to take chuge of the said mortg~ge prenrises and the crops sown or growing thereon. together with the aaid rents, issues, and proGts uising therefrom and hereby auigned, and hold the same wbject to the order and dlrection of the oourt. ! 10. Firat puty oov~enants that he will not perform any ~ct which might imp'ir or tend to impair the continuation on the property herein described of aU crop allotments and acreage allotment: now established or hereafter establi~ed on any ot ~ the property herein described. ~ 11(a). In the ev~ent sernnd party becomea a puty to any legal proaeding (excluding an action to fonciose this ~ mortgage or to collect the debt hereby ucwed)~ involving thia mortg,age or the premixs described herein (including but not ~ limited to the title to the lands described above), sernnd party may also recover of tlrat party sl! oosts and cxpense,s ! reasonably incuned by the mortgagee, including a reasonable attorney'a fee, which coats, expenses and ~ttorney'a fee when ' paid by second party ahall become a part of the debt secured henby and shall be immediately payable upon demand, and ~ shall draw interest from the date of advance by second puty until paid at the highest rate provided in any note or other ~ irutrument secured hereby. 11(b). In the event aaid debt, or any put thereof. ia ettablished by or in any action for foreclosure of thia mortg~ge, second puty may alao recov~er oC firat ty. in addition to the said debt or so much thereof as ahall be unpaid, a re,sonabb ke for the attomey of sernnd party or professiond services rendered in such action, such fea to be inoorporated in the decree of fonclosun in such action. ~ 12. Firat party shal! hold and enjoy the said premixs unW default in payment of any of the installments ss provided in said note or other inrirwr~ent secured hereby or a breach of any of the covenant: or oonditiona of uid note or other instrument secured hereby or this mortgage slull be made; howev~cr, any agent or employee of :eound party or any person designated by second party may enter upon said pcemises at any time for the purpose of uupecting ~um oc for any otha ' purposes daired by sccond puty. ~ 13. All amounts that may hereafter be awarded for coademnstion of, and waste aad tortio~ injury to. aay of the property hereby eacumhered ue hereby assigned and alWl be payabk unto ~econd party for application, after payment thecefrom of attorney's fees and expenses incumd by fint puty aad by ncand puty in oonnection thenwith, on wch put ' of the indebtedness secuced htnby as seoond party m~y determine, with no duty oa ~eoond puty to oollect ~me. 14. First party agras u a condition heroof that ~ll oblig~tions. auig~unents, releases of real property and/or penonal liability, ceamortizations, renewals. defermeata, exteasions a any other agceement. in wrjting, rt?ade by my one a moce of the puti~s herein designated as. first puty with ~eooad puty ue hereby authoriud and consented to by all putia herein designated aa fust puty md shall extead to md be binding upon the heirs, executors. administrators, sucaas~rs aad a~s of al~ the patties herein designated ss fust party. ~ 15. First puty sgrees as a condition hereof that if a conveyana should be made v~oluntarily by ffrst puty (or by any one or more of the puties desi~tnated herein as firat party) of any tiUe or interest in and to the nal property descnbed sbove, or any part thereof, without the written consent of the lawful holder of thi: mort~ge , or if such tide or intere:t of fir:t party (or of any one or more of the putia daigaated herein as fust party) is inv~olunwly oonv~yed or tru~sfemd as the nwlt of foreclosure of a junior iien or is requind under court order or decree at the resitlt of Btig,ation (oonweyana or tru?der of titlo or interest resulting from death of fust puty, or any of the fmt parties, if more than one, excxpted). without the written oonsent of the Lwful holder of tfus mortgage. then and in either of ~d ev~eab~ and at the option of aaid holder, and without notice to the fust party, all sums of money secured hereby shaU beoome due and payabk md in default immadiately and ooncurrendy with auch conv~eyana or transfer, whethcr the ume ue so due and payable md in default by the apecific terms hereof or not. 16. Thia instrument i~ subject to the Federal Eum Loan Act and all acts unendatory thenof and suppkmentary thereto, and regulations iswed thereunder. All rights, powers. privikga, options and nmedies and rights allowed by ls~?, may be puraued concurrently, and shalt extend to and may be exerci~eed and enjoyed by the sucas~on and ass~ns of ~ocond puty, and by any agent, ofiicxr, attorney or npresentative of second party, its wceasor: or strig~u. All oblig~tions of, and assignments by, fust party herein aad henunder ~ull extend to and be binding upon the hein, executon, administraton, succasors, and auign: of fust Quty. IN WITNESS WHEREOF, first party has hereunto set his hand and seal (and if fint party ia or includes a oorporation it . hu caused these presenta to be executed and its oorporate seal to be hereto affixed by its proper offiven thereunto fust duly authorized), this day and year fust above written. i ~ i ` Signed, Sealed, and Delivered ia the pcesena of: 4 ~ / • ~ / 1 ~ ~.SE~.~ ~ ~ G z@-- ' ($Epj,) . ~ ~ (SEAL) ~ ~ (SEAL) ~ (SEAL) ~ ~ . (S~) ~ ~ OR p ~ ~ a0~1(1~7J P1U~~7Ov ~ ~ ~ . ~ - , ~ ~ ~ . _ .