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HomeMy WebLinkAbout0765 ^ - ~ , , , - - . - - - - - i ' growing upon the said mortgaged pnmises at the tirne of filing suit for toreclosure hereof and thereafter~ and all of the rents, ~ i issues, and profits of the said mortgaged premises unpaid and uncollected at the time af ftling suit for foreclosure hereof and thereafter. and upon filing suit for foreclosure, or at any tirne thereafter, second patty shsU be entitled to have a receiver ' apgointed to takc charge of the said mortg,age prcmis~ and thc ccops sown or growing thereon, together with tha said ~ents. , issue:, and pro~ts arisang thereGom and hereby assigncd, and hold the same subjcct to the order and d'ucction of the oourt. 10. First puty cov~enants that he wiU ~ot perform any act which might impair or tend to impa'u the continuation on - the property herein dacribed of all crop allotments and acresge allotments now established or herea[ter established on any of the property herein described. ~ , 11(a). In the event seoond party becomes a parry to any kgal proceeding (excluding an action to foreclou this = . . . ' ~_L• l___l._ • •L.~ .....~~......r sL~ ~~.....~~a_ .~se...:Md i~ar~:n linnh~dina~ hnf nnf ~ ~ IINIt'bA~C Vl ~V MVll4~rl ~~W Y~.V? i~Vivii~ JV~rYtvY~~ - - - _ _ _ _ _ ' _ _ ....va.,..p .::...:~,..0. r. ~ Gmited to the title to the tands described above), second party may also recov~er of first party all costs and expenses reasonably incuned by the mortgagee. including a reasonable attorney's fee, which costs, expenses and attorney's fee when paid by second party shall become a put of the debt secured hereby and shall 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 ather ~ i~strument secured hereby. _ . _ - . - - ' ~ ~--11(6). ln tha ev~ent said debt; ar any part thereof~ is established by or in any action foiforeclo~ure of this moitgage, 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 for the attomey of seoond party for professional services rendered in such action, such fee to be incorporated in the ; ~ decree of fonclosure in such action. ~ 12. First parry shall hold and enjoy the said premises unW default in payment of any of the inttallments as provided ~ in said note or other 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; how~ever, any agent or employee of seoond parry or any person t 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. 13. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the 1 Y~~~y h~?~~~ pns~,~t~_rrcd are hereby a~.a~ned and s~ta!! be payabk unto second party for application, after payment ~ therefrom of attorney's fees and expenses incurred by first party and by second party in oonnection therewith, on such pari j ` of the indebtedness secwed hereby as sec~ond party may determine, with no duty on seoond party to cotlect same. i ; : _~4. First~_agzees as a condition hereof that all obligations, assignmcnts, releases of real property and/or personal ~ liability, reamortizations, renewa sT; d?ermen , ex ens~o , ~ the parties herein designated as first parry with second parry 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. - ~ I5, First party agrees as a condition hereof that if a conveyance should be made voluntari[y by first party (or by any , t une or more of the puties designated herein as first party) of any tide or intecest in and to the real property described above, ( z or any part thereof, without the written consent of the lawful holder of thia mortgage, or if such tide or interest of fust party + (or of any one or more of the parties designated herein as fust party) is involuntarily conv~eyed or transferred as the result of foreclosure of a junior Uen or is required under oourt order or decree as the result of liti~ation (conveyance or transfer of title ~ 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, t6en and in either of said events, and at the op4on of said hoider, artd without ~ notice to the first party, att su~ oC money sectued hereby shall become due and payable and in default immediately and concurrendy with such conveyan~ 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 Farm Loan Act and all acts amendatory thereof and supplementary i~ ~ thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and rights allowed by taw, may , be pursued concurrendy, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, officer, attorney or representative of second party, its successors or assigns. AtI obligations of, and assignments by, fust p~rty herein and hereunder shalt extend to and be binding upon ihe heirs, executors, administrators, 1~ successors, and assigns of first party. SEE PARAGRAPH ~ELOW ~ IN WITNESS ~-IEREOF, tust party has hereunto set his hand and seal (and if t`ust party is or includes a corporation it has caused these presents to be executed and its corporate seal to be hereto affixed by its P~;qp~,~ice~ thereunto Fust d'uly zaihorized), this day and year fust above written. : ~ : ~C . : l~j~,'~. ' : : o ~ ~ o~~ . Signed, Seal~d, and Delivered - J , -;,t;- a : . _ - ~ L r,,':'` :;,~..'s,7: ' in the presence of: - ~ , : ~ =;_=u"~:9'(; ;`~::~~n~ _ - ~~,.~~t. .r ~ : WNITAI:ER GROVES, INCORPORATE~,~•~~!oduQ••' ' ~ly~•.... ~ ~ sy ~ ~ . ~ •AI..) ' ~ ~ ames wi~li~, dhitak , P e ~ , - ~ , (SE ) I ~ Att ~ ~ i _ , - _ ~L)-_ ~ _ H e Aggie it , Jr. , Secr ary - (SEAL) ! (SEAL) ~f i~ _ ' (SEAL) ~ : i~ tt , 17. First party will comply With all the terms and conditions of artq lnstru- , ~t heretofore or hereafter executed by first party ia connection with the I~ r, (s) secured by this security instrument. „ ~ i , ~ ~ I ; ~ : ~ - ~+9~i~~--~ ~ ~ - - _ - - - - - - ~ - ~ ; - - - ~ .v .~dr - ' ' _ 4 :e5'~~.s