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Home My WebLink About0429 i - ~ , ~ . , , _ , _ _ - _ ~ ~ ~ t I ~rowing u~n the saiJ mortgagcd premises at the time af filing suit for fareclosure hereof and thereafter, and al! at the rents, I; ~ issues, anJ pro~ts of the saiJ mortgaged premises unpaid and uncollected at ti~e time of tiling suit for t~ore~losure hrreuf and ! thereafter. and upon tiling suit for toreclusure, or at any time thereafter, secund party stiatl be entitled to have a receiver !s ! ap}x~inted to take tharge uf the ~id ~iiortgage prendses and the crops suwn ur growing thereon. wg~ther with die said rents, ~ issues, and pcofits arising therefrc~m and hereby assigned, and hold the same subject to li:e urder snd directiun of tl~e cuurt. ~ 10. First party cove~ants that he will n~~t perform any act which nuglit impair or tend to impair the continustiun on ~I ( the proEx:rty herein described of all crop aliotments and acreage~flotments rtaw establistzec3 or hercafter established un any uf ! t1~e peoperly herein desrribed. ~i . ~ I1(a)_ In the event second party becomes a parry to any Icgal proreeding (excluding an action to foredose this !1 ~ n~ortg:~ge or to rollect the debt hereby secureQ), involving this mort~ge or the prenuses described herein (including but not i limited to the title ro the lands described above), secund party may also recover of ~rst p3rty aIl costs and expenses ~ reasonably incurred by the mortg;~gee, i~cludir~g a reasunable attarrtey's fee~ which costs. ex~:nses artd attorney's fee when ~ ; paid by second party shaU becon~e a part of the debt secured hereby and sh~ll be immediately pay~able upon demand, and ~ shall draw interest from the date uf advance by second part}• until paid at the higl~est rat~ provided in any note or other ' instrun~ent secured hereby. ~ ~ 11(b). tn the e~~ent said debt, or any part thereof, is established by or in any action for foreclosure of this mortgage, 'i ~ secand party may also recover of first party, in addition to the said debt or so much thereof as shall be unpaid. a reasonable I.~ i fee for the attorney of second party for professional services re~dered in such actian, such fee to be incorporated in the decree of foreclosure in such action. ~ 12. First party shall hold snd enjuy the said prenvses unti! default in payn~ent of any of the instailments as provided i~ ~ in said note or ather instrument secured hereby or a breach of any of the covenants or conditi~~ns of said note or other instrument secured hereby or this mortgage stiaU be made; huwever, any agent or employee of second pacty or any person i~ ' designated by second party may enter upon said prenuses at any time for the purpose of inspecting same or for any other ~ purposes desired by second party. • _ ~ ; 13. All amounts that may hcreafter be awarded for condemnation of, and waste and torUOUS injury to, any of the ~ property hereby encumbered are hereby assigned and shall be payabte unto second party for application, after payment i ~ thercfrom of attorney's fees and expenses incurred by ferst party and by second party in connection therewith, on such part j of the indebtedness secured hereby as second party may determine, with no duty on second party to coltect same. 14. First party agrees as a condition hereof that all obligations, assignments, releases of real property and/or personat i ~ liability, reamortizations, renewals, deferments, extensiuns or any other agreement, irt writing, nzade by any one or more of 'j ihe parties herein designated as tirst 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, administrators, successors and assigns ; of all the panies herein desiBnated as first party_ 'j 15. First party agrees as a condition hereof that if a conveyar.ce. lease or other disposition should be made voluntarily by fust party (or by any one or more of the parties designated herein as Cirst party) of any title or interest in and : ~ to the real property described above, or any part thereuf, withuut the written consent of the lawful holder of this mortgage, j or if such title or interest of first pazty (or of any one or moie ot tl~e parties designated herein as fust party) is involuntarily ' conveyed or transferred as the result of foreclosure of a junior lien or is required under court order or decree as the result of litigation (conveyance or transfer of title or interest resulting from death of first party, or any of the first parties, if more than one, excepted), withaut 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 first party. ail sums of money secured hereby shal! become due and payabie aod in detault immediately and concurrently with>such conveyance, transfer, lease ur other disposition, whether the same are so due and payable and in default by the specific terms hereof or nat. , 16. Second party shall havg the right, exercisable at its discretion so long as this mortgage is in force and effect, to demand in writing the assignment of and transfer to second party, its successors and assigns, and first party hereby agrees to so assign and transfer, any and all rents,, pro~ts, royalties. income c?r other consideration to be paid or aceruing to first party ' from any oil, natural gas, minerai, timber, leasehold or other interest of any kind and nature whatsoever, derived from, ; connected with or affecting the within described real property but not otherwise subject to, conveyed and/ar secured by this ~ mortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect same. ~ 17. First party will comply with all the terms and cunditions of any instrument heretofore or hereafter executed by first party in connection with the loan(s) secured by this mortgage. • 18. If first party (or eithet of them, i~ more than one), his heirs, successors or assigns, or any assumer of the ; indebtedness hereby secured, files a petition in voluntary bankruptry, for receivership, for corporate reorganization, or for other debtor reGef of any character or kind, or is adjudged a bankrupt, then and in the event, and at ti~e option of the second ~ party, its successors and assigns, the second party, without notice to the first party, stiall have the right to declare ait sums of rrroney secured hereby inuned~ately due and payable and in default whcti~er the same are so due and payable and in default - by the specific terms hereof or n~t_ !9. This instrument is subject to the Farm Credit Act of 1971 and aU acts amendatory thereof and supplementary thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to second party are cumulative of all other remedies and rigtyts attowed by law, and may be pursued coneurrently, and shall , extend to and may be exercised and enjoyed by the successors ar.d assigns of second party, and by any agent, officer, attorney or representative of second party, its successvrs or assigns. All obligations of, and assignments by, first party tierein and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of furst party. . . !N WITNESS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duty authorized officers), this the day and year First above written. ! . ~ ~ . Signed, Sealed and Delivered ~ , in the gresence of: f(SEAL) ' . ~Q.E,~"'"`"'y","_~ (SEAL) - ~ ~ ~ ~~C.E~. C ` (SEAL) ' _ , , r - ' . . i~ ~ . ~ ~ ~ • (SEAL) , : ~ ~ 4 "`J 7 i - ~t~i~a- ~ ~~2- (SEAL) 1 _ ~ " ~ ~ ^ \ ~ .C,[~=G1. (SEAL) , ~ eo~ 223 ~ ~~a (SEAL) . ; ~ _ _ : - - - - _ - i~