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HomeMy WebLinkAbout1844 ~ growing upon the said mortgaged pre~uses at ihe time of fding suit for forcclosure hereof and therea(ter, and ap of the rents, issues, and profits of the said mortg~ged prenusa unpaid and uncullected at tlie tiux uf filing suit for f~reck~suce he~euf and theceaCter. and upan tiling suit far forecloiure. or at any time thercafter, secund parry sliall be ~•ntitled tu have a recerver appointed to take charge uf the said mortgage p~enuses and the craps sown or growing thereun, togetlier with the ~ed rents. , issues, and prufits arising therefrom and hereby assigned, and hold the sanx wbject io the order a~d direction of the rnurt. 10. First party covenants ti~at he will not perform any act which might impair or tend to impair the continuatian on ~ the property hereio described of all crop aUot~i~ents and acreage allotmenls now established or her~after estab;i~tied on nny ~f the property herein described. . - ll(a). In the event xcond party becomes a part~ to any legal proceeding (excluding an action to forecluu this ~ mortgage or to cotlect the debt heceby secured), involving this mortgage o~ the prenuses describeJ herein (including but not • Gmited to the titte to the lands dcscrib~d above), senmd party may also recovrr of first party all cosls and expensrs ' reasnnably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attacncy'::~:~ when ~i paid by second party shall become a part of the debt secured hereby and shall be immediately payable upon demand. and i shaU draw interest from the ciate uf 3dvance by second party untii pai~3 at the highest rate provided in any note or other instrunx+nt secured hereby. = ~ l l(b). In the eve~t sa~d 6ebt, or any part ihereof. is estabiished by or ~n any action for foreclosure of this mortg,age, ~ second party may also recov~er of first party, in additi~n to tlie said debt or so much thereof as shall be unpaid, a reawnable fee for the attorney of sernnd party for professional services rendered in wch action, such fee to be inco:oorated in the s~ ~ decree of foreclowre in such action. N 12. Fint party shall hold and enjoy the said premises until default in payment ot any of the installments as provided 'i ; in said note or other instrument secured hereby or a breach of any of the covenants or oonditions of raid note or other ' : instrument secured hereby or this mortgage shaU be made; however, any a~ent or employe~ of second party or any person ~ i designated by second party may enter upon said pcenuses at any time for the purpose of inspecting same or tor any other } purposes desired by second party. 13. All amounts that may hereafter be awarded for condemnation ot, and waste and tortious injury to, any~ of the ~ « property hereby encumbered are hereby assigned and shall be payable unto second party for application, aher payment ~ thecefrom 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 determine, with no duty on seoond party to collect same. ~ 14. First party agrees as a condition hereof that all oblig,ations, assignments, releases of real property and(or personal liability, reamortizations, renevrals, deCerme~ts, extensions or any other agreement, in writing, made by any one or more of E the parties herein designated as first party with seoond party ar~ hereby authorized and rnnsented to by all parties herein ~ • designated as Pust pacty and shall extend to and be binding upon the heirs, executors. admuustrators, successors and assigns ; of all the parties herein designated as first party. 15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made j : voluntarily by first party (or by any one or more ot 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 rnnsent of the lawful holder of this mortgdge, ~ ; oc if such title or interest of flrst party (or of any one or more of the parties designated herein as first party) is involuntarily 3 conveyed or transferred as the result of fotectosure 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 fust party, or any of the fust puties, if more Y Lhan one, excepted), withaut the written ~onsent of the lawCul holder of this mortg,age, then and in either of said events, and at the option of said holder, and without notice to the first puty, alI sunu of money~ secur~3 he~eby shall beoome due and ; : payable and in default immediately and concurrently with such conveyance, transfet, lease or other disposition. whether the same are so due and payable and in default by the specitic terms I~ereof or not. 16. Se~ond party shall have the ripht, exere~sable at its discretion so long as this mortgage is in force and effect, to demand in writing the assignment of and transfer to second pacty, its succeuars and assigns. and fust party hereby agrees to su assign and transfer, any and aU rents,. profits, royalties, income or other consideration to be paid or accruing to Cast party ; ~ trom any oil, natural gas, mineral, Nmber, leasehold or other interest of any kind and nature whatsoever, derived from, connected with or affecting the within dexrbed real properly but not otherwise subject to, conveyed and/oc secured by this mortgage, with the right of, but no duty upon. second party, its successors or assigns, to co!lect same. i 17. ~irst Qarty wiIl comply with aU the terms and cui~ditions of any instrument he~etofore or hereafter executed by fust party in connection with the loan(s) secured by this mortgage. ji ; 18. If fust party (or either uf them, if more than one), his heirs. successors or assigns, or any aswmer of the ii indebtedness hereby secured, files a petition in voluntary bankruptcy, 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 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 ali sums of cured hereb i~unediatel due and payable and in default whether the same are w due a~w payable and in default mone se y Y - Y , by the specific terrm hereof or not_ . I 19. This instrument is subject to the Farm Credit Acf of 1971 and all acts amendatory thereof and su~plementary I thereto, and regulations issued thereunder. All rights, powers, privileaes, options and remedies conferred upon and g:-Yen to _ ~ second party are cumulative of all other remedies and rights altowed by law, and may be pursued concunently, and ~IS i~ ~ extend to and may be exerci9ed and enjoyed by the successors and assigns of second party, and by any agent, officer, ;I attorney or regresentative of second party, its successors or assigns. All obligations of, and assig~menis by, Crst party herein and hereunder shall extend to and be binding upon the heirs. executors, administrators, successors, and assigns of 1~rst party. :I ; IN WITNFSS WHEREOF, first party has hereunto set his hand and seal (and if fust party is or iri:.ludes a _ d this instrument to be executed, seaied by its corporate seal and delivered 'uy its duly authorit~ ~ corporat~on, ~t has causc : ~ officers), this the day and year f~itst above written. , ( i Signe ed'a~.I?e~d ~ ~ - ~S~"~ I~ ; _~~~''U'° °e ' ~ ~ vrence A, t~~u ler , . i~~ ~ ~//L L ~ ~ ~ ; J: a : - ` • , ~ • (~isnLj : ~ ~ ~ ~ Nel~e ',•;u~kent ,aier ~ (SEAL) ~ _ ~ inr ~ t ? i: - _ i~~zs..f ~ ~I ~ (SEAL) I . (SEAL) ~i _ ~ (SEAL) ~ ~ - - - - ~ . ~ - - - _ - _ : _ - - - - _ _ - -~BO~OK ~f'ACE1U~~ ~ ~ - - ,i,i~l' ~ , ~ ~ ~ ~K~. ~m .