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growing upon the said mortgaged premiscs at th~ linne oE filing suit [or toreclosure hereof and thereafter, and all of the rents~
issues, and profits of the said mortgaged prenuses unpaid and uncollected ~t the time of filing suit for Coreclosure hereof and
thereaftet, and upon P~ling suit for foreclosure, or at any time thereafter~ secvnd party shall be entitled to have a receivcr
appointed to take charge of the said mortg,age prenuses and the crops sown or growing thereon. together with the said rents,
issues, and profits arising therefram and hereby assigned, and hold the same subject to the order and d'uection of the court.
10. Fint party covenants that he will not perform any act which might impair or tend to impair the continuation on
the propecty herein detcribed of aq crop aUotnxnts and acreage allotments now established or hereafter established on any of
i the properry herein described.
' 11(a). In the event second party beeomes ~ parry to any lega! proceeding (excluding an action to foreclose thia
mortgage or to colleM the debt hereby aecured), involving this mortgage or the premises described herein (including but not
limited to the title to the Eands described above), sern~d party may also recover ot first party aU costs and expenses
i ~euonably incu~red by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when
, paid by xcond party shaU become a part of the debt secured hereby and shall be immediately payable upon demand, and
shall draw interest from the date of adwance by second party until paid at the highest rate provided in any note or other
;I in3trument stcund hereby.
, 11(b), In the ev~ent said debt, or any part thenof, is established by or in any action for foreclosure of this mortgage,
R second party may also recov~er of !'ustpa rty, in addition to the said debt or so much thereof as shall be unpaid, a reasonable
[ee for the attomty of second party foc professional services rendered in such action, such fee to be incorporated in the
decree of foreclowre in such action.
12. First party shaU hold and enjoy the said premises unW default 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 shall be made; however, any agent or employee of sernnd puty or any person
~ designated by second party may enter upon said premises at any time for the purpost of inspecting same or for any other
' purposes desired by second patty.
! 13, Ali amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the
;j property henby encumbered aze hereby auigned snd shall bx payabk unto second party for application, after payment
'.I therefrom of attomey's fea and expenses incurred by fust party and by second party in connection therowith, on such part
~ of the indebtedness secured hereby aa second party may determine~ with no duty on second party to collect same.
14. First party agrees as a condition heroof that all obUgatio~s, assignments, releases of real property and/or personal-
I liability, reamortizations, renewals, deferments, extensiona or any other agieement, in writing, made by any one or more of
' the parties herein designated as Crst party with second party are hereby authorized and consented to by all partiea herein
designated as fust party and shall extend to and be binding upon the heirs, executora, administrators, successors and assigns
of all the parties herein desi~?ated as first party.
15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made
; v~oluntazily by fust puty (or by any one or more of the parties designated herein as fust party) of any tide or interat in and ~
to the real property described sbove. or any part thereof, vnthaut the written consent of the lawful holder of this mort~age,
or if such tide or intenst of fust party (or af any one or more of the puties designated herein u fint party) is inv~oluntarily
conveyed or transferred u the rasult of foreclos~e of a junior lien or is res~uired under court order or decree as the result of
litigation (conveyance or transfer of tide or interest resulting from death of fust party, or any of the fust puties, if more
than one, excepted), without the written oonsent of the lawful holder of this mortg,age, then and in either of said events, and
'J ~ ~ha firet ..~.w ~n ~~.,,e ~F monev secured herebv shall beoome due and ,
iI Ille ti~lilUil Ui Siiil iiUiii~t~ Bi:Y w+a~ia+c+c iiliULL a.. ~ - ~
payable and in default immediately and concurrenily with such conveyance, transfer, lease or other disposition, whether the .
same ue so due and payable and in default by the specific terms hereof or not. ~
16. Second party shall have the right, exerc~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 party, its successors and assigns, and first party hereby agrees to ~
; so assign and transfer, any and all rents,. profiits, royalties, income or other consideration to be paid or accnung to first party-
i frorn any oil, natural gas, rnineral, timber, leasehold or other interest of any kind and nature wi~atsoever, derived from,
; oonnected with or affacting the within descrbed real property but not otherwise subject to, conveyed and/or secured by this f,
; ;nortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect rame.
j ' 17. First party will comply with all the terms and conditions of any instrument heretofore or hereafter executed by
~ ' firu party in connection with the loan(s) secuced by this mortgage. ,
18. [C first party (or either of them, if more than one), his heirs, successors or astigns, or any aswmer of the `
indebtedness hereby secured, files a petition 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, w~thout notice to the first party, shall have the right to declare all sums of
money secured hereby iminediately due and payable and in default whether the sarne are so due and payable and in default ~
~ by the specific ter~ hereof or not. ~
19, This inswme*?t is subject to the Farm Credit Act of 1971 and all acts amendatory thereof and supplementary
' thereto, an~ regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to
second party an cumulative of a13 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, ofticer, ~i
• attorney or representative of second puty, its wccessors or assigns. All obligations of, and assignments by, fust party herein I
and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of fust party. ~
IA1 WITNESS WHEREOF, first party has hereunto set his hand and sea! (and if first party is or indudes a ~
corporation, it has caused this instroment to be executed, sealed by its corporate seal and deGvered by its duly suthorized !
officers), this the day and year first above wr~tten. ~
SWAIN GROVES, INC. ~
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~ ~ Signed, Sealed and Delive~ed B : . • • p ~
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~ e presena ssell T. SWain, ~resideift '
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~ % Y f 1. . - Attest: ~c~. ~BE~i~~ ~
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~ ! ~ Je tte Y. Swain, Vice President.~+~~ ~
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