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HomeMy WebLinkAbout1477 , ~ ~ t ~ ~ i ' . n . ` ti ~ ! growing upon the aaid mortpged pnri~ises at the tune of t3ling suit far foricloare hereof and thereafter, and all of the re~ts. ' i iswea, and profiu of the said mortg,~gedpremises uapaid and uncoll~cted at the time of filing suit for foreclosure hereof and ~ , thereafter, and upon tiling auit for fonclo:we. or at any time ther~after~ second puty shall be entitled to have a reaiver t i appointed to take chuge of the said mortg~ge pnmis~ and the crops sown or growIng thereon, togather with the said rents. ~ ; iswes, and profit: arising therefrom snd henby ~ed. and hold the ~ subject to the order and direction of the oourt. ~ ~ 10. Firri party oov~enanta that he will not perform aay act which might impair or tend to impalr the oontinuation on { , the property herein described of afl aop allotments and acresge allotments now established or hereafter established on any of f ~ the property henin described. j I) 11(a). Ia the ev~ent second party becomes a party to any kgal proaeding (excluding an action to foreclose thia I~ mortgage or to ooUect the debt hereby aecund), involving this mortgage or the premisca described herein (including but not limited to the title to the lands described above), seoond party may also recover of first party all coata and expenses , reasonably incurred by th~ mortgagee, including s nasonable ,ttorney's fee, which ooats, expenses and attorney's fee whea ~ j paid by second party shaU become a part of the debt sccured henby and shall be immedistely p~ayable upon demsnd. and ~ shall draw intereat from the date of advance by seoond party unW paid at the highaat rate provided in any note or other ; instrument secured hereby. ' 11(b), In the ~vent said debt, or any part thenof. ia eatablished by or in any action for fonclosure of thia mortgage, ; ~ second party r~y also reoover of firat party, in addition to the said debt or so much thereof aa shall be unpaid, a reasonable ~ fee for the attoraey of aeoond party for professional aervices rendered ia such actioa, auch fee to be inoorporated in the ~ decree of fonclosure ia such action. ! 12. Ficst puty shatl hold and enjoy the said premises until default in payment of any of the installments aa provided ~i in said note or other insirument ~ecured henby or a bnach of any of the covenauta or oonditiona of said note or other ~ inatrwnent secund henby or this mortgage shall be made; howev~er, any agent or employee of seoond party or any person desigqated h.~ aeoond puty may enter upon said pnmises at any time for the purpcue of inspecting same or for any other I purposes desired by soovnd party. 13. All amounts that may hereafter be awarded for condemnatioa of, and waste u~d tortioua injury to, any of the ;i property henby encumbered are hereby assigc?ed and ahall be payabk unto seoond psrty for application, after payment ~ therefrom of attorney's fees and expeasea incurred by firat party aad by sa:ond puty in connection iherewith, on auch part of the indebtedneu secured hereby as aecond p~rty may detemiine. with no duty on seoond garty to collect same. ~ ~ 14. First party agcees as a condition hereof that all obligationa, aaa~ments, releasea of real property and/or peraonal f liability, reamortizations. renewala, defermeata, extensioas or any other agreement, in writing, made by any one or more of ' the partiea herein d~ted as first party with aeeond puty are hereby authoriud and consenied to by aU parties herein i designated aa fust party and shsll extend to and be bindiag upon the heica, executors~ adminishators, sucoessors and aasigoa ' of all the parties heroin desi~nated aa first p~rty. - 15. First party agre~a aa a condition hereof that if a oonv~eyana ahouId be made wluntarity by Fust party (or by any ; one or mon of the parties designated herein aa first guty) of any title or interest in and to the real property described above, ;i or any part thenof, without the written conaent of the lawful holder of thia mortgage, or if such tide or intereat of fint party , ~ (or of any one or mon of the parties designated herein as firs~ puty) is involuatarily conv~eyed or traasferred as the r~~u[; of ' ~oreclosure of a junior lien or is required uader court order or decree sa the ~esult of litiption (conveyanoe a tnnsfer of title : ' or intenst reaulting from death of fust party, or any of the fust puties, if more than one. excepted), without the written ? ~i oonsent of the lawful holder of this mortgpge, then and in either of aaid evenu, and at the option of said holder, and without aouce to the first. party, all aums of money secured hereby ahall beoome due and payable and in defautt immediateIy and concnrrendy with such o~nv~eyanoe or Usnafer, whether the ~ are so due and payable and in default by the specific terms hereof or not. ~ 16. 'ILis instrument is wbject to the Federal Farm I.oan Act and all acta amendatory thereof and supplementary !r thento, and ngulations issued thereunder. All rights, powen, privileges, options and remedies and rigl?ts allowed by taw, may be pursued concurrentiy, and shali extead to and may be exercised and enjoyed by the sucastors and assigns of seoond pazty, and by any agent, officer, attomey ar representative of second puty, its succxssocs or assigns. All obligations of, and " as~gnmenta by, fust party hCrein and henunder st~all extend to anc! be binding upon the heirs, executors, administrators, successors, and assigns of fust party. See paragraph be2ow . IN WIINESS VYHEREOF, fuat garty has hereunto set his hand and seal (and if fust party is or includes a ~ vocporation it has caused these presenta to be executed and its oorporate seal to be hereto afl`ixed by its proper officers ! thereunto first duly suthorized), this day and year firat above written. Signed, Sealed, and Delivend ~ in the presena of: . ~ Talbert Cooper, r, (SEAL) . ~ • ~ (SEAL) / ' ? - (SEAL) ~ Ma arette B. Co per i i (sEAt.) ; (SEAL} , ~ (SFAL) I ! 17, First party will comply with all the terms and conditions of any instrennent - heretofore or hereafter executed by first party in connection with the loan(sj + secured by this security instrument. ~ ~ . ~ ~ ~ ' ~~i~ ~~4~#~ ~ ¢ . : ~ ~ _ -r~ ~ ~ ; ; ~ _ _