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HomeMy WebLinkAbout1859 ~ ~i ~i - . - - _ _ - . ~ growing upon the said mortgagcd premises at the tlme of filing suit for foreclosure hereof and the~eafter, and aq of the rents, 1~ issu~s, and profits of the said inortgaged premises unpaid and uncollected at the time of filing suit for foreclosure hereof and ~`f thereafter, and upon P~ling suit for foreclosure, or at any time thereafter~ second parry shall be entitled to have a receiver " appointed to take charge of the raid mortgage prenuses and the crops sown or growing thereon, tog,ether with the said rents, ' issues. and profits arising therefrom and hereby assigncd, and hold the same subjcct to the order and dircction of the court. ]0. First party cov~enants that he will not perform any act which might impair or tend to impair the continuation on tiie pru}~rty ti~rein described of all crop aUotn~ents and acreage allotments now established or hereafter established on any of ~ the property herein described. _ ~ ll(a). In the er•ent sernnd party becon~es a party to any lega! proceeding (excluding an action to t'oreclose this ~ nwrtgage or to collect the debt hereby secured), invofving this mortgage or the prenuses described herein (including but not ? ' linuted to the title to the lands described above). second party may also recov~er of first party all costs and expenses ~ , reasonably incurred by the mortgagee~ including a reason~ble attorney's fee, which costs. expenses and attorney's fee when paid by second party shatl become a part of the debt secured hereby and shall be immediately payable upon demand, and i shal! draw interest from the date of advancc by second party until paid at the highest rate provided in any note or other i instrument secured hereby. - 11(b). ln the ev+ent raid debt, or any part thercof, is established by or in any action for foreclosure of this mortgage ~ second party may also recover of firstpa rty, in addition to the said debt or so much thereof as shall be unpaid, a reasonable ; fee for the attorney of second party for prafessional services 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 raid note or other instrument secured hereby or a breach of any of the covenants w oonditions of said note or other ~ instrument secwed 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 pucpose of inspecting same or for any other i pwposes desired by second party. ; 13. A!1 amounts that may hereafter be awarded for condemnation of, and waste and tortious injwy to, any of the ~ property hereby encumbered are heceby assigned and shall be payable unto second patty for application, after payment } tl~ecefrom of attomey's fees and expenses incurred by first party and by second party in connection therewith, on such part ~ of the indebtedness secured hereby as seoond party may deterenine, with no duty on second party to collect same. I 14. First pazty agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal : liability, rcamortizations, renewals, deferments, extensions or any other agrcement, in writing, made by any one or more of i- the parties herein designated as fust party with second party are hereby authorized and consented to by all parties herein ' designated as first party and sha!! extend to and be binding upon ihe heirs, executors, administrators, successors and assigns ; of all the parties herein designated as Crst party. 15. 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 tide or interest in and to the reat properiy described above, ~ - or any part thereof, without the written consent of the lawful holder of this mortgage, or if such dde or interest of first party ~ ; (or of any one or more of the parties designated herein as fust party) is invotuntarily conveyed or transferred ~s !h~ *esult of 3 foreclosure of a junior lien or is required under court order or decree as the result of litig;ation (conveyance or transfer of title " _ or intemst resulting from death of fust party, or any of the fust 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 raid holder, and without ii notice to the first party, all sums of money secured hereby shall becarme due and payable and in default immediately and - ~ ~ concurrendy with such conveyance or transfer, whether die same are so due and payable and in default by the speciGc terms hereof or not. 16. This inswment is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary ~E ` thereto, and regulations iuued thereunder. All rights, powers, privileges, options and remedies and rights allowed by law, may ' j be pursued concurrently, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, j and by any agent, officer, attomey or representative of second party, its successors or assi,gns. AU obligation. of, and i~ assignments by, fust party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ;j successors, and assigns of fust party. ~ SEE PARAGRAPH BELOW ; - IN WITNESS WHEREOF, fust party has hereunto set his hand and seal (and if first party is or includes a IS corporation it has pused these presents to be executed and its oorporate.s~~l_ to be hereto affixed by its proper officers I~ thereunto fust duly authorized), ihis day and year fust above written. Signed, Sealed, and Delivered - in the presence of: i „ ;t STRAZZLZLA BROS . CO . , INC . ~f ,s - $Y : osep P. Strazzulla, eaident~SEAL) i~ ~ ° " (SEAL) t~ ; ! 17. First party vill compl~ith all the A~EST: ` ~ t'" terms and conditions of any instrument ~ . .(S~-) ~ _ . ~ . - ~ ~ heretofore or hereafter executed by first John . Strazzulla ecretary~.~~~.I' party in connection with the loan(s) secured ~ , by this security inatrument. 3 - J~ ~~et): ~s' ~ ' i . ~ ~E~*,. • • i . l. . ~ ~I il . ~i ~i 1 ~i ~ Bo~x ~i P~~839 ~r . _ - _ - - , - - ~ - . . . . . _