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Home My WebLink About2448 ! k ' ; . L - - ~ _ . ~ -=s___~:--- ; ; ~ i ~ i ; growing upon the ssid mortgaiged pr~miaes at the timt of filing suit fcx foreclosure he~e~f and thereai't$t. and all of the rents. : I issues. and proGts uf the said mort~ged prenuses unpaid and uncollected at the time oi fding suil for foreclosure t~e~eof and ~ ~ theceafter, and upan Piling suit f~r foreclosure, ~~r at any tinu therea[te~, stcond party shall be entitled to have : rectirer i • appointed to take charge oP the raid mortgage premises snd thc crops sawn or growir~g thereon. together wiu: the said rents. : ~ issues, and profits arisu~g thercfrom and hereby assigned, and hold the same wbject to the ocde~ and dircction of the court- ; i 10. First party oovenants t1~t i~e will ~iot perfarm any ac! which might impair ~r tend to impair the continuation on ~ i the property herein descri~ed of atl crep allotnxnts and acreage allotments now established or h~reafter estabtishn~ on any ot ; the property hcrein described. ~ " 11(a). In the evrnt second party becomes a party to any kga! proceeding (excludir.g an action to torecluse this ~ mortgage or to collect the debt here~y securtcl), involving this mortgage or the prenuses described herein (including but not ~ limited to the titk to the lands described ahove). second party may also recoMer of fiist party aU costs and expensrs ~ ~ reasanably incuaed by the mortgaget, including a reasonable atturney's iee. which costs, expenses and attaney's fee when 3 ; paid by second party shal! become a part of the debt urured hereby and shall be imnxdiately payaDle upon demand, and ~ ; shaQ draw interest from the date of advance by second pazty unts! gaiJ at the l~igheat rate provided in any note or other ' instrument secured hereby. ~ 1!(b). In the event said debt, or any part thereof, is established by or in any action for foreclosure of this mortg,age. _ s~cond party msy also recover of firstparty, m addition to the said debt or so much thereot u shall be unpaid, a reasonable ~ fa for the attorney of second party for professional services rendered in such action, wch fa to be incorporated in the ~ decree o! foreclosure in such action. ~ 12. Fint party shall hold and enjoy the said premises unW dcfault in paynxnt of any of the installmenu u p*ovided ~ , in said note or other instrument secured hereby or a breach of any of the cov~enants or oonditions of said note or other instrument secured hereby or this mortgage shall be made; how~ev~er, any agent or em~loyee of uoond party or any person designated by second party may enter upon ~aid premises at any time for the purpose of inspecting same or for aey othet purposes desired by second party. 13. All amounts that may hereafsofbaawerded for condemnation of, and waste and tortious injury to, any of the property hereby encumbered are hereby assigned and shall be payabk unto second party for application, after p~yment ~ therefrom of attomey s fees and expenses incurred by fust party and by second patty in connectian therewith~on such part of the indebtedness secured hereby as second party may determine, with no duty on seocmd party to collect rame. ~ 14. First party agrees as a condition hereof that all obligations, usignn~ents, releases of real property and/a personal ~ ~ liability, reamortizations, renewals. deferments, extensiuns or any oit~~r ag~eemeat, in wr.iing, made by any one or more of the parties hecein designated as Grst party with second party ue hereby authorized and consented to by all parties herein I ~ designated as first puty and shall extend to and be binding upon the heirs, executors, administrators. sucassors md a~i~s ~ of all the parties henin designated as fust party. 1 S. First party agrees as a condition hereof that if a rnnveyana, lease or other disposition should be made voluntarily by fust party (or by any one or more of the puties designated herein as fust party) of any tide ot interest in and to the real property described above, or any part thereof, without the written consent of the lawful holder of this mortg~ge, or if such tide or interest of fust party (or ~f any one or more of the puties designated herein ~s Pirst puty) is involuntarily conv~eyed or transferred as the result of foreclosure of a junior lien or is required under oowt order or decra u the result of Gtigation (oonveyance or transfer of title or interest ruulting from death of fust parry. or any of the fust parties. if more ~ than one, excepted), without the written oonsent of the lawful holder of this mortgage, then and in either of said events, and ~ at the option of said holdsr, and without notice to the fust party, all sums of money secured hereby shaU be~ome due and ~ payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the ~ ~ sart~e are so due and payable and in default by the specific terms hereof or not. ~ 16. Second party shaU have the right, exerc~saoie at its discretion so long as this mortgage is in force and effect, to ~ ~ demand in writing the assignment of and transfer to secn~a ~,arty. its successors and assigns, and first party hereby ag~rees to so assign and transfer, any md all rents,. profits, royalties, income or other consideration to be paid or accruing to fust party ~ from any oil, r.atural gas, mineral, timber,.:easehoW or other interest of any kind and natuce whatsoever, derived from, ~ oonnected with or affecting the within descrbed real prop~rty but not othervvise subjtct to, oonveyed andJos secured by this ~ ~ I mortgage, with the right of, but no duty upon, second Qarty, its successors or assigns, ta collect sune. ~ ; 17. First party will comply with all the terms and conditions of any instrument heretofore or hereafter executcd by ~ fust party in connection with the loan(s) secured by this mortgage. ? 18. !f first party (or either of them, if more than one), his heirs, successors or assigns, or any assumer of the ; ~ indebtedness hereby secured, files a petition in voluntary bankruptcy, tor receivership, for corporate reorg,anization, or for ~ ; other debtor relief of any character or kind, or is adjudged a bankrupt, then and in the event, and at ihe option of the second , ~ party, its successors and assigns, Lhe seoond party, w~thout notice to the fust party, shall have the right to declare all sums of ~ } ( mAney secured he~eby immediately due and payable and in defbult whether the same are so due and payable and in default ~ ~ by the specific terms hereof or not. ~ ~ 19. This instrument is subject to the Farm Credit Act of 1971 and all acts amendatory thereof and wpplementary ~ thereto, and regulations iswed there~nder. All rights, powers, privileges, options and remedies conCerred upon and given to ! ~ second party are cumulative of all other remedies and rights allowed by iaw, and may be pursued concurrently, and sha11 ' extend to and may be exercised and enjoyed by the wccess~rs and assig?s ot second party, and by any agent, o~cer, ~ attomey or represenWtive of second puty, its successors or assigns. All obligations of, and assignme~ts by, Crst party herein ~ ~ and hereunder shall extend to and be bindir.g ~t.:.r ti~e heirs, executors, administrators, wccessors. and assigns of fust party. f~ s . ~ IN WITNESS WHEREOF, first party has hereunto set his hand and seal (and if first puty is or includes a ~ ~ corporation, it has caused this instrument to be execrced, seakd by its corporate seal and delivered by its duly authorized y off`icers), this tne day and year fust above ~vritten. ^ 4 ~ ~ $ , - ~ ~ ~ S' d, Sealed and Delivered ~ J`~ ~ igne \ -t.~~~:... (SEAI,) ~ i in the na of: Talbert Cooper Jr. ~ ~ ly~- ~ ~ , ~ C ~-s~ i-- ~(sEAI,) ! ~ / ~ ~ ) ' / . _ b _ _ ~ arg~'ette B. Cooper ~ ~ - (S~) a (S~) ~ ~ - i p ~s~nt.~ ~ ; (s~?L) ~ ~ ~5~~ ~ i ~ ` eo~ 2,~ ' w~~4~ ~ ` ~ ~ - - - ~ ~ ~ LL~~~ _ _ - ~ 4~~: ~ ~ - - v _