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HomeMy WebLinkAbout2533 .j ~ ii. - - - . - ! ' ~ growing upon the said mortgaged premises at the time oC fding suit for toreciosure hereof and thereafter, and all of the rents, ~ issues. and profits of the said mortgaged p~entises unpaid and uncollected at the time of tiling suit for Coreclosure hereuf and thereal'ter, and upon P~inR suit for foreclosure, or at any time thereaCter, sccond party shall be entitled to have a recciver ~ appointed to take charge of the said mortgage prenuses and the crops sown or growing thereun, together with the said rents, issues. and profits arising therefrom and hereby assigned, and hold the same subject to the order and direction of the court. ' 10. First party covenants that he wil! not perform any act which might impair or tend to impair the cuntinuation on ! the property herein described of all crop allot~lents and acreage allotments now established or hereaCter establisiied on any of the propetty herein described, ' 11(a). !n the event second parly becomes a party to any (egal proceeding (excluding an action to foreclose this i mortgage or to a~llect the debt hereby secuied), involving this mortgage or the prenuses described herein (including but not ~ - lemited to the title to the lands described above). second party may also recover of first party all costs and expenses ~ ; reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's Cee when ` paid by second party shall become a part of the debt secured hereby and shall be immediatety payabte upon demand, and shall draw interest from the date of advance by second pazty until paid at the highest rate provided in any note or other ~ instrument secured hereby, ; 11(b). In the event said debt. or any part thereof, is established by or in any action for foreclosure of this mortgage, , second party may also recover of fustpa rty, in addition to the said debt or so much thereot as shall be unpaid, a reasonable ~ Cee [or the attorney of second garty for professional semces rendered 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 the 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 second party or any person designated by second party may enter upon said prenuses at any time for the purpose of inspecting same or for any oti~er purposes desired by second party. 13. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of ihe properiy hereby encumbered are hereby assigned and shall be payable unto second party 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 ! of the indebtedness secured hereby as seoond party may determine, with no duty on second party to collect same. ~f 14. First party agrces as a condition hereof that all obligations, assignments, releases of real propetty and/or personal I~ liability~ reamortizations, renewals, deferments, extensions or any other agceement, in writing, made by any one or more of the parties herein designated as first party with seoond parry are hereby authorized and consented to by aU parties herein ~i designated as fust party and shail extend to and be binding upon the heirs, executors, administrators, successors and assigns of all the parties herein designated as firsi perty. 15. First party agrees as a candition hereof that if a conveyance should be made voluntarily by fust party (or by any one or more of the puties designated herein as fust party) of any title or interest in and to the real property described abov~e, ' or any part thereof, without the written conseni of the lawful holder of this mortgage, or if such tide or interest of fust party ~ (or of any one or more of the parties desi$nated herein as t`ust pazty) is involuntarily conveyed or transfened as the result of ~i foreclosure of a junior lien or is required under court order or decree as the result of litigation (conveyance or transfer of title or int~iest resuliing from death of fust garty, or any of the fust garties, if more than one, excepted), withoui the written consent of the tawful holder of this mortgage, then and in either of said events, and at the option of said holder, and without ;j notice to the first party, all sums of money secured hereby shall become due antf payable and in default immediately and ji concunendy with such conveyance or transfer, whether the same are so due and payable and in defautt by the specific terms hereof or not. ~i tb. This insirument is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary !j tp~eto, and regulations issued thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may be pursued concuRently, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, . y and by any ageni, o~cer, attur~iey ~r t~pres~niati~~ of second garty, its n=.ccess~rs or assign~. All ohligations of, and assignmenu by, fust pazty herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, jl successors, and assigns of first party. ~ SEE PARAGRAPH BELOW ~ IN WITNESS WHEREOF, fust pariy has hereunto set his hand and seal (and if first party is or includes a corporation it has caused these presents to be executed and its corporate seal to be hereto affixed by its proper officers j thereunto first d'uly authorized), this day and year fust above written. i ~ Signed, Sealed, and Delivered ~ ~ F in the presence of: ; i~ ' I~ 4 ~ / ' ' ~ ~ ; ~ ~ -~~z~ ,~Ju~-~~ ~ ~/r~z:~,.~ ri«.~/G~" ~ (SEAL) r ~ / Randolph . Hearst ~I ~ 1!!` ~ ~ ~ ~ ti i ~ ,~l ~ ~ .U 1 ~.~V ~ ~ l ~ ~ f/~_ ~ ~t_ _ l . `^r`~ (SEAL) ' , ° - a~erine . ears ~ ° ~ 17. First partq will complq with all the i~ (SEAL) ' ~ terms aud conditions of anq inatrument a heretofore or hereafter executed bq firet partp in conaectioa vith the loan(s) secured - -_(SEAL) ~j i) bq thie aecurity inetrument. j, ° ~ r, i t ia 1: _ - (SEAL) ~ > (SEAL) I~ ~ ~I I~ ` f' s M~ : ~ ' 'i ~ ~ ` soaK 2~'.0 2529 ~ ~ ? ~ , ~ ~ ; - - - _ _ _ - - - { ~ ; . ,