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HomeMy WebLinkAbout1232 ~f : - - - - - _ -.-=~i ' 4~ growing upcm the said nx~ct~ged premises at the time of Pding suit for foreclcuure hereof and thereafter, and all of the rents, ` ~ issues, ;~nd profits of the said mortgaged prenuses unpaid and uncollected at the tinx of Piling suit for foreclasure hereof and ; ti~ereafter, and upon filing suit for foreclosure, or at any time thereafter, second party shall be entitled to have a receiver + ~ appc~inted to take charge uf the said mortgage prenuses and the crops sown or growirtg thereon, together with the said rents, ! ` issues, and profits arising therefrom and hereby assigned. and hold the same subject to the ord~r and direction of the court. ~ 10. First party covenants tl~at he will not perform any act which might impair o? tend to in~~ir the continuation on ~ the property herein described oP all crop allutments a~d acreage allotments now established ur hereafter established on any of the property herein described, 11(a), In the event second party becon~s a party to any lega! proceeding (excluding an action to foreclose this nwrtgage ur to collect the debt hereby srcured), involving this mortgage or the prenuses described herein (including but not Gnuted to the titte to the lands described above), second party may also recover of' tirst party all costs and expenses reasonably incurred by the mortgagee, including a reasonabie attorney's fee, which costs, expenses and attorney's Cee when ~ ~ µ~id b~~ second party shaQ become a pari of the 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 note or other instrument secured hereby. ~ I l(b). ln the event said debt, or any part thereof, is estabiished by or in any action for Coreclost!re of this mortgage, ~ second party may also recover of firstpa rty, ia addition to the said debt or so much thereof as shall be unpaid, a reasonable fee fur the attorney of second party for professional services rendered in such action, such fee to be incorporated in the , decree of fureclosure in such action. ~ 12. ~irst party shall hoid and enjoy the said premises until default in payment of any of the installments as provided f in said note or other iastrument secured hereby or a breach of any of the covenants or oonditions of said note or other I instrun~ent secured hereby or this mortgage shall be made; however, any agent or employee of seoond party or any person ~ designated by second party may enter upon said premises at any time for the purpose of inspecting same or for any oiher , 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 j property hereby encumbered are hereby assigned and shall be payable unto second parry for application, after payment ~ therefrom of attorney's fees and expenses incurred by fust party and by second party in connection therewith, on such part i of the indebtedness secured hereby as sernnd party may determine, with no duty on seoond party to collect same. 14. First party ag~~s as a cundition hereof that all obligations, assignments, releases of real property and/or personal i~ liability, reamortizations, renewals, deferments, extensiona or any other ageement, in writing, .:.~de by any one ot more oC i~ d~e parties herein designated as fust party with secand party are hereby authorized and consented to by all parties herein designated as fuat party and shal! extend to and be binding upon the heirs, executors, administrators, successors and assigns of all the parties herein designated as fust party. , I5. First party agees as a condition hereof that if a conveyance should be made voluntarily by first garty (or by any ' one or more of the pazties designated herein as fust party) of any tiile 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 Pust pazty j~ (or of any one or more of the parties designated hsrein as fust party) is involuntarily conveyed or transferted as the result of foreclosure of a junior lien or is required under rourt order or decree as the result of liUg~tion (conveyana or transfer of tide i~ ~ or interest resulting from death of first party, or any of the first parties, if more than one, excepted), 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 fust pariy, all surru of money secured hereby shall become due and payable and in default immediately and E concurrendy with such conveyance or vansfer, whether the same are so due and payabie and in default by the specific terms ;I F hereof or not. ~ 16. 'This instrument is subject to the Federal Farm Loan Act and all acts 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 shaIl extend to and may be exercised and enjoyed by the successors and assigns of second party, }i ~ and by any agent, officer, attomey or representative of seoond party, its successors or assigns. All obligations of, and j f assignments by, fust party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ! successors, and assigns of first party. ; ; i !N WITNESS WHEREOF, fust party has hereunto set his hand and seal (and if Cust 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 f thereunto first duly authorized), this day and year fast above written. ' Signed, Sealed, and Delivered ~ ; ; in the presence of: ' : ~I 3 t 1 ~ ~ l~ ~Zf~fil 1 ~ lSEAL) ~ c- `~c ~ ~ , . - ~ i - ,L~SZc.C~•t._n -~f/ - ~ c.~~~ + i ~ ~ (SEAL) ; ' " _ r' (SEAL) ; i~ ` - {SEAL) ~j k jl _ (SEAL) ; Ii (SEAL) ,i f' - I+ ii ; scoK~97 Pac~~231 t( ~ ~ - - - . - - - - - - - - ~I '