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Home My WebLink About2628 ;i - - _ ~I . - - gruwing upon the said nx~rtgaged premises at the time of filing suit for forcclosUre hereof and thereafter, and all of ihe rcnts. . issues, and proGts of the said mortgaged prenuses unpaid and uncollected at the tin~e of filing suit for foreclosure hereof and ~ thereafter, and upon P~ling suit for foreclosure, or at any time thereafter. secund party sl~all be entitled to have a ceceiver ~ appcainted to take charge of the said mort~age prenuses and the crops sown or growing thereun. together with the said rents. i issues, and proCrts arisii~g therefrom and hereby assigned, and hold the same subject to the order and direction of the court. I 10. First party covenants that he w~U ~ot perform any act which nuglu impair or tend to impair the continuation on ~ the property herein described of all crop allutn~ents and acreage allotments now established or hereafter estabii~lied on any ot ! the properry herein described. ll(a). In the event second party becomes a party to any (egal pra:eeding (excluding an action to forec~use this mortgage or to collect the debt hereby secureJ), involving this mortgage or the prenuses described herein (including but not G~iuted to the title to the lands described above). second party may also recover of frst party all cosis and expenses f reasonably incurred by 1he nwrtgagee, including a reasonabte attorney's fee, which costs, expenses and attorney's fee when 1' paid by second party shall becon~e a part of the debt secured hereby and shatl be immedialely payable upon demand, and ~I shall draw intecest irom the date of advance by second party unW paid at the highest rate provided in any note or other ~I instrument secured hereby. i 11(b). ln the event said debt, or any part thereof, is established by or in any actiun for foreclosure of this mortgage, second party may also recover of fust party, in addition to the said debt or so mucl~ thereof as shall be unpaid, a reasonable i fee for the attorney of second party for professional services rendered in such action, such fee to be incorporated in the i decree ot foreclosure in such action. I 1?. First party shall hold and enjuy the said premises until deCault 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 oonditions of said note or other ! instrument secured hereby or this mortgage shaU be made; however, any agent or employee af second party or any person ; : designated by second party may enter upon said premises at any time for the purpose oC inspecting same or for any oti~er ! ; purposes desired by second party. I 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 secund party for application, after payment ~ theref'rom 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 second party may deternune, with no duty on second patty to collect same. ~ 14. First party agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal liability, reamortizations, renewals, deferments, extensions or any other ageement, in writing, made by any one or more of i the parties hetein 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, administrators, successors and assigns ; of aU ihe parties herein designated as Grst party. ~ ! 5. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made voluntarily by fust party (or by any one or more of the parties designated herein as first party) of any title or interest in and to the real property described above, or any part thereof, without the written consent of the lawful holder of this mortgdge, ~j or if such title or interest of fust party (or of any one or more of the parties designated hecein as fust party) is involuntarily conveyed or transferred as the resulC of foreclosure of a junior lien or is required under coutt 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 'f than one, excepted), without the written consent of the lawfu) 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, all sums of money secured hereby shall become due and payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the rame aze so due and payable and in default by the specific terms hereof or not. ` 16. Second party shall have the right, exe~cisable at its discretion so long as this mortgage is in force and eftect, to demand in writing the assignment of and transfer to second party, its successors and assigns, and fust party hereby agrees to _ so assign and transfer, any and all rents,. profits, royalties, income or other consideration to be paid or accruing to first party from any oil, natural gas, mineral, timber, leasehold or othe~ interest of any kind and nature whatsoever, derived from, ; connected with or affecting the within descrbed real property but not otherwise subject to, conveyed and/or secured by this mortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect same. 1 Z. First parry will comply with aU th~ terms and conditions of any instrument heretofore or hereafter executed by fust party in connection with the loan(s) secured by this mortgage. 18. [t first party (or either of them, if more than one), his heus, successors or assigns, or any assumer of the indebtedness hereby secured, files a petiticx~ in voluntary bankruptcy, for receivership, for corporate reorganization, or for ' other debtor relief of any character or kind, or is adjudged a bankrupt, then and in the event, and at the option of the second party, its successors and assigns, the second party, without notice to the first party, shall have the right to declare all sums of , li money secured hereby urunediately due and payable and in default whether the same are so due and payable and in default I ' by the specific terrtu hereof or not. i ~ 19. This instrument is subject to the Farm Credit Act of 1971 and all 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 rights allowed by law, and may be pursued concurrently, and shall ~ extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, officer, attorney or representative of second party, its successors or assigns. All obligations of, and assignments by, ~rst party herein if ~ and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of fust party. ; IN WITNFSS WHEREOF, first party has hereunto set his hand and seal (and if first party is or encludes a 'I z corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized ~ officers), this the day and year turi above written. ' Signed, Sealed and Delivered ' ~ (SEAL) > in the presence of: Paul H. L~ 'I ~ ~ , ~~,<i,~ t~ /~<-~/`~'_L~ ~ ~ t6 -z ~ ~ (SEAL) 'f . ~ ieo H. Leffmar~i ~i ; ~ - t C' "L.:S'~4i~..L.~z. ~~.t__t~ ~I - t;~~ ; (SEAL) f, ~ ' !I ~ (SEAL) ~ ~ ~ : (SEAL) i~ ~ ~I ~ ~ (SEAL) ~ ~ y ~ f (SEAL) ~ BOOK~~O PACE~~ ~ _ < _ - - - - - _ _ - - - - - - - - - - - _ - ~ - - - - - - - - C ~ • ~ ~ ~ ~v ~>s ~ - _ : - _ - - ~ ~ ,~-~~~n r_~_