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HomeMy WebLinkAbout2110 . ~ i , i , ; - Ql~ - - _ - _ _ _ _ ~ ~ ~ ' ~ _ i' growing upon the said nrortgaged premises at the time of fding suit for foreclosure hereof and thereafter, and all of the rents, ~j ; issues, and profits of the said mortgaged prenuses unpaid and uncollected at the time of filing suit for foreclosure hereof and ~ thereafter, and upon filing suit for foreclosure, or at any time thereaRer, secund parry shall be entitled to have a receiver ap~winted to take charge of the said mortgage premises and tl~e crops sown or growing thereun, together with the said rents, ~ i~.sues, and profits arising thereic~m and hereby assigned, and hold the same subject to the order and direction of the court. ~ 10. First party covenants that he wiU not perform any act which might impair or tend to impair the continuation on ~ the property herein described of all crop allotn~ents and acreage allotments now established or hereaiter established on an~• oP I! the property herem described. ~ Il(a). In the event second party becon~s a party to any legal proceeding (excluding an action to forecluse this ' nwrtgage or to collect the debt hereby secured), involving this mortgage or the prenuses described herein (including but not ~ linuted to the title to thr lands described atwve), second party may also recovrr of first party aU costs and expenses ~ reawnably incurred by the mortgagee, including a reasonable attorney's tee, which costs, expenses and attorney's fee when f paid by second party shall become a part of the debt secured hereby and shall be immediately payable upon demand, and ~ shall draw interest from the date of advance by serond party until paid at the highest rate provided in any note or other ~ instrument secured hereby. i 11(b). In the event said debt, or any part thereuf, is established by or in any actiun for foreclosure of this mortgage, iI second party may also recov~er of fust party, in addition to the said debt or so much thereof as shall be unpaid, a reawnable fee for the attorney oC second party Cor professional services rendered in such action, such fee to be incorporated in the ~ decree of foreclosure in such action. ; 1~. First party shall hold and enjoy the said premises until default in payment of any of the installments as provided ~ in said note or ether 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 for the purpose of inspecting same or for any other ~ ~ purposes desired by second party. i~ 13. All amounts that may hereaf'ter 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 i' therefrom of attorney's fees and expenses incurred by first party and by second party in connection therewith, on such part of the indebtedness secwed hereby as second party may deternune, with no duty on sernnd party to collect same. ~ 14. First party agrees as a condition hereof that all obligations, assignments, releases ot real property and/or personal ~ liability, iwamortizations, renewals, deferments, extensions or any other a~reement, in writing, made by any one or more of i~ the parties herein designated as fust party vrith second party are hereby authorized and consented to by all parties herein ~ designated as fust party and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of all the parties herein designated as fust party. :i ' 'f I5. First party agrees as a condition hereof that if a conveyance should be made voluntarily by first pazty (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 title or interest of first parry li (or of any one or more of the parties designated herein as fust party) is involuntazily conveyed or transferred as the result of !i R foreclosure of a junior 6en or is required under court order or decree as the result of litigation (conveyance or transfer of tide ~ or interest resulting from death of fust party, or any of the fust parties, if more than one, excepted), without the written ~j t consent of the lawful holder of this mortgage, then and in either of said events, and at the option of said holder, and without ~i c notice to the first party, all surru of money secured hereby shall become due and payable and in defauit immediately and ; ~ concurrendy with such conv~eyance or transfer, whether~the same are so due and payable and in default by the specific terms > hereof or not. ; 16. This instrument is subject to the Federal Fazm Loan Act and all acts amendatory thereof and supplementary ,l ' h thereto, and regulations issued thereunder. All rights, pow~ers, privileges, options and remedies and rights allowed by law, may ~ ~ be pursued concunendy, and shall extertd to and may be exercised and enjoyed by the successors and assigns of second party, ~ and by any agent, officer, attomey or representative of second party, its successors or assigns. All obligdtions of, and ~ assignments by, fust party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, E ~ successors, and assigns of first party. - ~i = IN WITNESS WNEREOF, fust party has hereunto set his hand and seal (and if fust party is or includes a ~ - corporation it has caused these presents to be executed and its corporate seal to be hereto affixeri by its proper officers i~ ~ thereunto first duly authorized), this day and year fust above written. ';j ~ ~ il = Signed, Sealed, and Delivered ;i ~ in the presence ot: ~ ~ 'i r~ ~ , , : - , _ ;E ~ ' ~ ~ ~ ( ! , ' i~ ~ ~ ~ S 13`~ - - ~~1~ ` ~ (SEAL) ~ ~ ~ ' ? ~ P 1 ;j : ~ _ (SEAL) I~ ' (SEAL) ~ = _ _ (SEAL) ~i ~1 ~ _ - (SEAL) ~ il _ (SEAL) ji r _ - ~1, ,-`i t ~I I eoac197 ~c~21~8 ~ _ _ - _ - -==~i