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HomeMy WebLinkAbout0431 f; ' ~ _ _ _ _ ~ t, r t, I~ growing u~x~n the said n?ortgaged premises at the time of ~ling suit for foreclosure hereof and thereafter, and all of thc rrnts, ~ issues, anJ protits of the said mort~ged prenuses unpaid and uucullected at the time of filing suit for fureclusure hereof and thereafter. and upon filing suit for foreclosure, or at any tune thereafter, secund party st~all be entitled to have a receiver : apEx~inted to take cliarge uf the said mortgage prenuses and the crops sown or growing thereon, togetlier with the said rents, ; ~ issues, and protits arising th~refrom and hereby assigned, and hold the same subject to the order and direction of the cuurt. ` ; 10. First party covcnants tl~at he wiU not perform any act which nught impair or tend to impair the contu~uation on ~ i the property herein described of all crop allutn~ents and acreage allotn~ents aow established or hereafter established un any of the property herzin described. I i I1(a). !n the event second party becumes a party to any legal pra;eeding (excluding an action to foreclose this nwrtgage or tu collect the debt hereby secured), involvuig this mortgage ur the prenuses described herein (including but not 6mited to the title to the trnds described above), second party may also recover of first party all costs and expenses ; reasunably incurred by the mortgagee, including a reasonable attorney's fee. which costs, expenses and attorney's fee when ! paid by second party sl~all becunx a part of the debt secured hereby and shall be immediately payabie upon demand, and j z sha0 draw interest from tt?e date of advance by second party until paid at the highest rate provided in any note o~ other instrument secured hereby. 11(b). In the evrnt s~?id deht, or any part thereof, is estabGshed by or in any actiun for foreclosure of this mortgage. ~ second party may also recover of fust party, in addition to the said debt or so much thereof as shall be unpaid, a reasonabte ~ fee for the attorney of second party for professional semces rendered in such action, such fe~ to be incorporated in the ` decree of fureclosure in such action. 12. First partv shall hr,l~ and enjoy the said premises until default i~ payment of any of the installments as provided i in saiJ note or other instrument secured hereby or a breach of any of the covenants or oonditions of said note or other instrun~ent secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person j~ ~ designated by second party may enter upon said premises at any time for the purpose of inspecting same or for any other ! ~ purposes desired by second party. 1 ' 13. All amounts that may hercafter 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 application, after payment ~ ~ therefrom of attorney's fees and expenses incurred t+y first party and by second party in connection therewith, on such part ii ~ of the indebtedness secured hereby as second party m~y determine, with no duty on second party to collect same. 14. First party agreec as ~~~n~titann hereof that all obligations, assignments, releases of real property and/or personal j~ ~ ~ liability, ceamortizations, renewals, deierments, extensions or any other ageement, in writing, made by any one or more of i; ~ the parties herein designated as first party with second party are hereby authorized and consented to by all parties herein ~ designated as first party and shall extend to and be binding upon the heirs, executors, adminisUators, successors and assigns ~ of all the parties herein designated as first party. ~j ? ~ 15. First party agrees as a condition hereof that if a conveyance should be made voluntarily by first party (or by any ~ ~ ~ one or more of the parties designated herein as fust party) of any title or interest in and to the real property described above, ~ - or any part thereof, without the written consent of the lawful holder of this mortgage, or if such tide or interest of first party ~ (or of any one or more of the pariies designated herein as fust party) is involuntarily conveyed or transferred as the result of - foreclosure of a junior lien or is required under court order or decree as the result of Utigttion (conveyance or transfer of tide ¢ ~ or interest rrsuliing from death of fust party, or any of the fust parties, if more than one, excepted), without the written ;j ~ ~ consent of the lawfu! holder of this mortgage, then and in either of said events, and at the option of said holder, and without i ~ ~ notice to the fust party, all swm of money secured hereby shall become due and payable and in default immediately and ~ j concurrendy with such conveyance or transfer, whether the same are so due and payable and in default by the specific terms ~ hereof or not. 4 ~ 16. This instrument is subject to the Federal Farm Loan Act and all acls amendatory thereof and supplementary ' ' thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may ~ ' be pursued concurrently, and shall extend to and niay be exercised and enjoyed by the successors and assigns of second parry, ~ and by any ageni, officer, attomey or representative of second party, its successors or assigns. All obligations of, and ~ ~ assignments by, first party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ;i ~ < successors, and assigns of first party. ; t ~ § IN WI'TNESS WHEREOF, first party has hereunto set his hand and seal (and if Cirst pa~ty is or includes a ' corporation it has caused these presents to be executed and its corpurate seal to be hereto aftixed by its ptoper of~cers - thereunto first duly authorized), this day and year first above written. ~ ; ~ ~ ; ~ ' Signed, Sealed, and Delivered ' ~ = in the presence of: ~i ' ? _ ~ ~ ~~1 ~ ~ - .e!2 _ - -aC - - - - ~-~1-''-~-" ~ - --~~~~kL~- ~SEAL) , ~ ~ ~ . ~ ~ , ~ aC.~! U - - - - ~ -----~--~.~s.~ - - - ~1~_-~~~-'~`a-'- - - (SEAL) a ; - - - - (SEAL) ~ 5 - - - _ - - - (SEAL) ! f * - - (SEAL) ' - (SEAL) :a . ~ , ; ; 80U1! ~a~ P11Cf ~ _ "s - ¢ I~ t¦~se~~~_ _ `