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HomeMy WebLinkAbout1259 ~ _ i, I ~ • • ~ • ~i - . - . - - - - - - i~ growing upan the said mortgaged premises at the time of filing suit for foreclosure i~ereof and thereafter, and all of the rents, 'I issues, and profits of the said mortgaged prenuses unpaid and uncollected at the time of fil~ng suit for foreclosure her~uf and thereafter, and upon Piling suit for foreclosure, or at any tune thereafte~, second party shall be entitled to have a receiver ~ appc~inted to take charge uf the said mortgage prenuses and the crops sown or growing ihereon, logether with the said rents. ; issues, and profits aris~ng therefrom and hereby assigned, and hold the same subject to the order and direction af the court. ( 10. First party cov~enants tl~at he will not perform any act which might impair or tend to impair the continuation on i the property herein described of all crop apotments and acreage allotme~ts now established or hereafter established on any of ~ ; ;t the property herein desctibed. ' I _ ~ ll(a). In the event second party becomes a party to any legal proceeding (excluding an action to Coreclose this ~ ~ mortgage or to collect the debt hereby secured), involving tlus mo~tgage or Ihe prenuses described herein (including bul not ~ limited to the title to the lands described above), seccmd party may also recover .of first party all costs and expenses reasanably incurred by the mortgagee, including a reason361e attorney's fee, which costs, expenses and attorney's fee when y f~ paid by second party shail become a part of the debt secured hereby and shall be immediat~ly payable upon demand. and i ? shall draw interest Prom the date of advance by second party 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 tf?ereof, is estabGshed by or in any action for foreclosure of this mortgagc, second party may also recov~er of ~ust party, in addition to the said debt or so much thereof as shall be unpaid, a reasonable j fee for the attorney of second party for professional services rendered in such action, such fee to be incorporated in the ~ , decree of foreclosure in such action. ~ - i 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as provided ~ ~ in said note ar oiher instrument secured hereby or a breach of any of the covenants or oonditions of said note or other ; instrun~ent secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person ~ i! 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 ~ property hereby encumbered are hereby assigned and shall be payable unto second party for -appGcation; after payment thereCrom of attorney'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 determine, with no duty on second party to collect same. I ~ 14. First party agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal 1 liability, reamortizations, renewals, deferments, extensions or any other ageement, in writing, made by any one or more of ! ;M the parties herein designated as fust party with second party aze hereby authorized and consented ta by all parties herein ~ designated as fust 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. j ~ 15. First party agrees as a condition hereof that if a conveyance should be made voluntarily by first party (or by any _ one or more of the parties designated herein as first party) of any title ot interest in and to the real property described above, or any part thereof, wiihout the written consent of the lawful holder of this mortgage, or if such tide or interest of first parry (or of any one or more of the parties designated herein as fust party) is involuntarily conveyed or transfened as the resuit of ,t - foreclosure of a junior lien or is required under court order or decree as the result of litig,ation (conv~yance or transfer of title 'f or interest resulting from death of First party, or any of the first parties, if mare than one, excepted), without the.written ~j consent of the lawful holder af this mortgage, then and in either of said ev~ents, and at the option of said holder, and without i~ notice to the fust party, all sums of money secured hereby shall bernme due and payabie and in default immediately and concurrently with such conv~eyance or transfer, whether the same aze so due and payable and in default by the speciFe terms ;I hereof or not. ~s 16. This instrument is subject to the Federal Fazm l.flan Act and all acts amendatory thereof and supplementary thereto, and regulations issued thereunder. All rights, powers, pcivileges, options and remedies and rights altowed by law, may i~e pursued concurrently, and shall extend to and may be exercised and enjoyed by ihe successors and assigns of second party, !i and by any agent, officer, attorney or representative of second party, its successors or assigns. All obligations of, and ~ assignments by, fust party herein and hereunder shall extend to and be bind.ing upon the heirs, executors, administrators, i~ successors, and assigns of first party. See paragraph below. i~ H ' ~ IN WITNESS WNEREOF, Fust Qarty has hereunto set his hand and sea! (and if fust party is or includes a ! corporation it has qused these presents to be executed and its corporate seal to be hereto afCixed by its proper officers i~ ` i t thereunto first d'uly authorized), this day and year fust above written. ~ `i Signed, Sealed, and Delivered :i , ! in the presence of: ! i~ C , ` ~ ~ ~ : , ' , " _ ^ ' - (SEAL) ~1 i % i ~ i (SEALj ~j ~ - - ~ - (SEAL) ~ : ; ~ ~ ~ ~ - _ (SEAL) ;f ~ • il i ~ (SEAL) ;j ;f ~ _ _ (SEAL) ~ ~ ~ , i i' ~ 17. First party will comply with all the ter~ and conditions of any instrument ~ ~l i heretofore or hereafter executed by first party in connection with the loan(s) ~ secured by this security instrument. I; ~ ! ~ . ~ I ~ ~ K ~z3 ~~2 s ~ g~~~ ~ - 5 _ _ _ - _ - - _ - _ . ~I