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Home My WebLink About0464 . , . ~.yt aote sauced l~ereby on the principal theceof aftec defa~lt and maturity. and any such s~ms so paid ~rith intecest theceon shall constitute s lien upon said premisa and be sccuced by this mortgage and in default of immediate tepayma~~ thercof by the moctgagor aftec demand, the whole indebtednas securcd hereby shall at the option of the mortgagee become d~e and piyable forth~rith ~vithout notice. . NINTH: That u fudhec security for the paqment of said indebtedness and the perfocmance of atl of the terms, covenants and mndit~oos hereof, the mortgagor does hereby mortgage, transfer, set over, ass~gn and pledgc~-to ~-he mon8a~ee tht l~~ot s i.rttceKt and atate in all leases. ~ncluding but not limited to gu, oil and minenl leases. now or heceafter alfett~ng t~e said pranises or any part thercof. and all ants. issues. income, pro6ts. royaities and bonuxs due and to ~~'•c d~t th=re- under, and m the event of i default unda any of thc tecros, covenants and conditions of this moctgagc thr mortgigee ~s hereby authoriz~d aad empo~?ered to colkct and aceive all such tents. issues, i~cane. pro6~s. roYalties and bonuses due and . - W baotne due ~nd to apply the sune against said indebtedness. So long, however, u there shall be rio default here~nder the modgagor shall have d~e right to mllcct and receive any and all such rents. issu~s, income, pmh~s, royalria and bonusa u thty respectively become due and payable, and to use the same w~thout uconc?ting to the mortgagee therefor. TEN?E~: 'I7ut u furthec secvrity for the payment of said indebtedness and th~ performance of all of the temu, ~ covenants and conditions hereof the moctgagor doa hereby mortg~8~, transfer. set over, assign and pledge unto the mortgagee _ all citnu and od~er crops now groainR and hercafter grown o~ sa~d premises. heceby giving md grantinq unto the moctRaBee a first and prioc lien iheceon, ptov~ded. however, that such lirn sh:ll be and is heceby exprasly made sab~cct and subordinate ~i to u?y crop mortgagt mvering any citnu crops which cor~e into existence bv bloom prior to foreclowre sale u provided ~ by this mortgage or any annual cmps plu?ted pnor to said foreclosure sale, the procisions of paragraph Eleventh hereof not- withstanding. Any such crop mottgage shall not however be a lirn prior to this mortgage on any atnu crop coming into being by bloom subsequent to said foceclosure sale, or on any annual crop planted subsequent to said foredosure sale. ELEVENTH: ~I1~at the mortgagee rnay rd~ast for such consideration, or none, u it may require, any port~on of tht above described lu~d without, u to.the rema~nder of the secvricy, in anywise impairing or affecting the lirns and prioritia ~ hereia provided for the modgagee coR?pared to anf subordinate lienholder. 'PWELF'TH: 'IUe net proceeds of anv judgment, award or setclement in.any condemnation or other proceeding for any damaqe to the pmnises. buildings or other 6xtures thercon shall be paid to the moctgagee and shall at its option, e~ther bt applied as a ccedd on an~r poction of the unpa~d balance of the note seevred hereby, whether theer matund or to matuce ' in the future, or be released to mortgagor. j 1'yIRTEENTH: 'I~at if the mortgagor shall default in the perfomunce of any of the covrnants or agreements herein E contained, or if an o~vner of said premises shall 51e a petition seeking an arranqemrnt or composition or extrns~on or anq ~ other rdief under or pursuu?t to the Federal Bankruptcy Act or anq other similar statute u now or hereafter in effat, or E shall be adjudicated banlcrupt or insolvrnt or anv of his property shall have been s~questered and such decree sha11 have C continued undischuged and unstaqed for ninety days after the entry thermf, the entire indebtedness hereby secared. inciud- ing ail paymrnts for tua, assessmrnts. insurance premiwns, iiens, attomeys' fees and expenses hetein spcci6ed, shall, at the ~ ~ option of the moctgagee, and w~thout notice to the mortqaRor, be due and rnllectible at once by foralosure or othec~vise; ; and, rxcept as to property wfiece snch ~rovision is prohibited by law, upon commrncemrnt oF any fortclosure or at any time ~ thereafter the moctqagee, u a matter of right, without consideration of the value of the premises, or whether the propecty ~ ~ ~ ~ve r. is probably insuRcirnt to discharRe the mortgage dcbt or is in dan er of bein lost or removed or injured, and irrespect ~ ~ of t~e solvency ot insolvencv of the mortgaRor or the th`en owner of said prem~ses, and without notict to the mort¢aqor or ~ any person daiminR under him, shall be rnt~ded at once to ih~ appointmtnt of a raeiver f~r said pcemises. to collect the ~ renn. issues and profits thaefrom during the pendency of such foreclosure, and the proceeds of said receivetship shall be ` applied bv sa~d receiver towatd the paymmt of the indebtedness secvred bp this mortRaqe. or toward the paymmt of s~xh paet of the judRment cendeced thereon u mtv remain unsatisfied after the sale of said premises, or to repay to the modqaAee ~ any advancemrnis which said mortgagee may make after the commencement of foreclosure action for ta~ces. assessments• 4 insurance or othec charQa u herein provided, toRether with interest thereon at the same rate u specified in said note securtd ; ~ hereby on the principa! thereof after default and maturitp, and from the proceeds of said receivership said receiver may make netessaty repa~rs and keep said premises in proper condition and repair pendinR such sale, and pay all taxa and usessments ~ uccued or uccuinq or cedeem from sala thercfor and pav insurance premmms necessary to keep said prem~sa ~nsured in i ucocdance with the provisions of this mortgage, and pay other proper charges as herein provided, and pay the exprnse of ~ the teceivetship. . ~ Fp~t'I'EEIVTH: 1n case this monRaRe be forKl~sed by a suit in equ~ty and the mortqaged premises be sold to utisfy ~ a deccee of foralosure, the proceeds of sich sale sh~ll be applied as follows: First. to the exoenses incurred hereunder, ~ ~c second, to a reasonable attomeq's fee for such sen-ices as m~y be necessarv for the collection of said indebtedness and the foralosure of this mortgaRe; third, to the payment of whatever sum or sums the mortqa~ee may have paid or become ' ~ liable to pay in carryinq out the terms and stipulations of this mort~age, toqMher with interest therenn_ and finally to the ~ ~ payment and satisfadion of said note. The balance, if any, shall, unless the Court daree otherwise, be paid into the registry : 3 of the Coud having jurisdiction of said foreclosure suit, to abide the further order of said Court. ~ FIFI'EEN'I'Ei: 'I}~at the mortgaqor is lawfully seized of said premises +n fee simple and hu Rood ri¢ht and lawful authority to sdl and convty the same, that the same are free from encumbrances except as aforesaid. that it shall be lawful for ~ the moctgagee at all times, peactab~y and quietly to enter upon, hold, «cupy and enjoy said premises and e.•ery pad thereof, that the mortRal~r wil) execute or procure anv further necessary usurances of title and does htrebv forecer warrant qenerallv ~ the title to said premises and will forever defend" ihe same aqainst the claims and demands of all persons whomsoever, and the mottgagor and the makers of said note apecially aqree and declarc ~hat the separate estate of ~ach of them, whether vested. ~ contingent or ~n txpectanev, is hercby conveqed and shill be bound for the pavment of the debt hereby sec~rcd and each does haeby exptessly waive, release and relinquish all rights and bene6ts of any homestead, appraisement, eaemotion or stay to _ ~vhith they may b~ entitled under the laws of the state in which said premises are situate, together with all dower or curtesy ri hts. and all interests and estates, statutory and othervv~sc anJ of c~•ery nature w~hatsocrcr in and to said premiscs. g ~ gp~'TEHN'I'H: 'It~at the Riving of wcittrn notice addressed to the owners of raord of said premises or addressed to n t}x said owners at their lut address uhullq furnished to the mortgagee, or addrased to the ownea at said premises, and ~ ~ ~ R 2~30 4fi4 3 ~ aooK ~ ~act ~ . _ - - - - ~ . _ _ ~