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HomeMy WebLinkAbout0493 ii - - - _ . - - _ _ .~i • - _ ~ growing upon the said mortgagcd premises at the 1ur~e of filing suit for foreclosure hereof and thereafter, and all of the rents, jj issues, and profits of the said mort~yaged prenuses unpaid and uncollected at tht tinx of filing suit for foreclosure hereuf and thereafter, and upon filing suit for foreclosure, or at any tune thereafter, second party shall be entitled to have a re~eiver ~ apEx?inted tc take charge uf' the ~d murtgage prenuses and the crops sown or growing thereon. tugether with die said rents. ; issues, and profits arising therefrom and hereby assigned, and hold the same wbject to the order and direction of the court. 10. First party cov~enants tliat he will not perform any act which might impair or tend to impair the continuation on ~ ; the pr~perty herein described uf all crop alloUnents and acreage allotments nuw esteblished ur hereaC~er established un any of ~ ! tlie property herein described. ~ ~ 11(a). ln the event second party beconxs a party ta any legal proceeding (excluding an action to foreclose this f ~ nwrtgage or to collect the debi ~~ereby secured), involving this martgage ur the prenuses described herein {including but not ~ Gnuted to the title to the lands dexribed above), second party may alw recover of first party aU costs and expenses ; ~ reasonably incurred by the nwrtgagee, including a reawnable attorney's fe~, wh~ch cacts, expenses and attorney's fee when ' paid by second party shall becun~e a part of the debt secured hereby and shall be immcdiately payable upon demand, and ; shaU draw interest from the date of advance by second party until paid at the highest rate Qro~ided in any note or other instrument secuted hereby. ~ ; 11(b). In the event said debt, or any part thereof, is established by or in any action for foreclosure of this mortgage, ~ j second party may also recover of fust party, in addition to the said debt or so much thereof as shall be unpaid, a reasonable ~ fee Cor the attorney of second party for ~refessional semces cendered in such action, such fee to be incorporated in the { decree of foreclosure in such action. ~ 12. First party shall hold and enjoy the said premises until default in payment of any of 1he installments as provided in said note or other instrument secured hereby or a breach of any of the covenants or conditions of said note or other . instrument secured hereby or this mortgage shall be made; however, any agent or employee of sernnd party or any person 1 ~ dtsignated by second parry may enter upon said premises at any time for the purpose of inspecting same or for any othet ! purposes 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 secund pacty for applieation, after payment j~ therefrom o( attorney's fees and expenses incurred by first party and by second party in connection therewith, on wch part of the indebtedness secured hereby as second party may determine, with no duty on second pacty to collect same. 14. First party agrces as a condition hereof that all obligations, assignments, releases of real property and/or personal ;I liability, reamortizations, renewals, deferments. extensions ot any other agreement, in writing, made by any one or more of , the parties herein designated as fust parry with second party are hereby authorized and consented to by a:l parties herein designated as first party and st~all extend to and be binding upon ihe heirs, executors, administrators, successors and aasigns of all the parties herein designated u fust party. 15. First party agrees as a condition hereof that if a conveya,~ce should be made voluntarily by first puty (or by any il one or more of the parties designated herein as fust party) of any tide or interest in and to the real property described above, ( or any part thereof, without the written consent of 'he lawful holder of this mortgage, or if such tide oc interest of fust 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 rerult of litigation (conveyana or Uansfet of tide ~ or interest resulting from death of first party, or any of the first parties, if more than one, excapted), without the written ~ ~ 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 first party , all sums of money secured hereby shall become due and payabk and in default immediately and ; concurrendy with such conveyance or transfer, whether the same are so due and payable and in default by the specific terr?u ~ ; hereof or not. ~ 16. This instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary l thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may c be pursued concunendy, and shall extend to and may be exercised and enjoyed by the successon and assigns of second party, 'j ; and by any agent, ofticer, attorney or representative of second party, its wccessors or assigns. All obligdtions of, and ~ assignments by, fust parry herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ; s successors, and assigns of fint party. ~ ~ IN WITNESS WHEREOF, fust party has hereunto set his hand and seal (and if first party is or includes a i~ ~ corporation it has ~used these presents to oe executed and its corporate seal to be hereto affixed by its proper ~fficers j ~ thereunto frsi duly authorized), this day and year fust above written. ' ~ ~ '1 Signed, Sealed, and Delivered ~ ~ in the Fresence ot: ~ _ ~ - i : i: fj 'C ~ ' ' ' j , 1 ~ i % ~ ~ i ~ - - ~z~'`.~. :f f~`~.s~(SEAL) ~ - - - - - f, , ' n i ~ ~ ~ ' G!t% - - -~-t--~~~~ yr_~~ (SEAL) ~ ~ - - - - r - - ISEAL) - (SEAL) : _ , ; i : - - - - - - - - . _ _ _ (SEAL) ~ , i ~ _ (SEAL) . - i - ' ; ~ eooK 1y~ ~ACE ~ ~t r~~3 ~ ~ - _ _ _ ~ . : _ ~ - , . . . - . _ . . . . ' . . ' r:--_ ~ - . . , ' . : ` . - _ - ' .,X;, ' . ' " - ~ ~ .