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HomeMy WebLinkAbout0785 ~ ~ fE ~ _ . - _ - - _ _ - , ~ - _ ~ i . growing upon the said mortgaged premises at the tune of P~ing suit for foreclosure hereof and thereaf'ter, and all of the rents. issues. and profits of the said morigaged prcnuses unpaid and uncollected at the time of filing suit ior foreclosure hereuf and thereafter. and upon filing suit for foreclosure, or at a~y time thereaftec. second party shall be entitled to have a receiver appointed to take charge of the said mortgage prenuses and the crops sown or growing thereon. togetl~or with the said rents. issues, and proGts arising therofrom and hereby assigned, and hold the same subject to the order and d'uection of the rnurt. 10. First party cov~enants that he wiU not perform any act which might impair or tend tu impair the continuation on the property herein described of aU crop allotments a~d acreage allotments now established or hereafter established on any of the property herein described. 11(a). In the event second_pariy ~ames a party to any legal proceeding (excluding an action to foreclose this mortgage or to coUect the debt hereby secured), involving this mortgage or the premises described herein (including but not Wnited to the title to the lands described above). second parry 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 fee when , - paid by second party shall become a part of the debt secured hereby and shall be immediately payable upon demand, and shall draw inierest from the date of advance by second patty unt~7 paid at the highest rate provided in any note or other instrument secured hereby. , I1(b). In the ev~ent said debt, ot any part thereof. is established by or in any action for forectosure of this mortgage, second party may also tecover of fustpa rty, in addition to the said debt or so much thereof as shall be~unpaid, a rsasonable I fee for the attorney of seeond party for professional services rendered in such action, such fee to be incorporated in the F decree of foreclosure in such action. 12. First party shall hold and enjoy the said premises unW defauli in payment of any of ihe 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 premises at any time for the purpose of inspecting same or for any other ~ r 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 f ; 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 secwed hereby as seoond party may determine, with no duty on second party to collect sarr~e. ~ 14. Firsi patty agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal ~ liability, reamoriizations, renewals, deferments, extensions or any other agceement, in writing, made by any one or more of ~ ; the parties herein designated as first party with second party are hereby authorized and consented to by all parties herein ~ ; designated as first party and shall extend to and be binding upon the heirs, executors. adminisUators, successors and assigns - ~ of all the parties herein designated as fust party. ; _ 15. First party agrees as a condition hereof that J a conveyance should be made voluntarity by first party (or by any f ~ one or mote of the parties designated herein as fust party) o}'any titte or interest in and to the real property described above. r ~ or any part thereof, without the written consent of the lawful holder of this mortgAge, or if such tide or interest of fust party i ~ (or of any one or more of the parties designated herein as fust party) is involuntarily conveyed or transfeaed as the result of i ~ foreclosure of a junior lien or is required under court order or decree as the result of liti~atioa (oonv~eyance or transfer of tide 4 ~ 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. then and in either of said events, and at the option of said holder, and without ~ notice to the fust party, all sums of money secured hereby shall become due and payable and in default immediately and ~ concurrendy with such conveyance or Uansfer, whether the same aze so due and payable and in default by the specific terms , ~ ~ 3 ereo or not. a 16. This instrument is subject to the Federal Farm Loan Act and all acts amendatory thereof and supplementary j i thereto, and regulations issued thereunder. All rights, powers, privilegea, options and remedies and rights allowed by law, may ; be pursued concunently, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, f . ; and by any agent, ot~icer, attorney or representative of second party, its successors or assigns. All obli~ations of, and i ~ assfgnments by, Fust party herein and hereunder shall extend to and be binding upon the heirs, executors, administrators, ~ successors, and assigns of first party. ~ SEE PARAGRAPH BELOW ' ~ IN WITNESS WHEREOF, Cust party has hereunto set his hand and seal (and if first party is or in~ludes a ~ ~ corporation it has qused these presents to be executed and its corporate seal to be hereto affuced by its proper officers { thereunto first duly authorized), this day and year fust above wtitten. j ~ . t ~ Signed, Sealed, and Delirered ~ ; in the presence of: ' ' i~ 1 ~ ' ~ t' i ~ ~ 7~. ~ _ (SEAL) I~ f ` 0 . to ` `i < s o~a~l signatures S r e nt (SEAL) ; 17. Pirst partq irill comply with all the (SEAL) ~ terms and conditions of any instrument heretofore or hereafter executed by first B~e,',~ party in connection with the loan(s) secared ' (SEAL) by this security instrument. 0. . Minton, Jr. i (SEAL) C i Minton i (SEAL) ~ Jo L. nton ~ ~ (SEAI.) ji E1 a eth Minton ~ • (SEAI.) E Ber T. Min ~ 0 A ~~G~~e~C` (SF~?1.) BGO~~'~ ~A6f O. R. Minton as Guardian of the : property of Michael D. Minton, a minor i i _ - ~ . _ _ . Y v_ ~ -