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Home My WebLink About2528 tj i ~ ~ ~ - - - _ - - _ - - : - , I ~ i ~ ' ~rowing upon the said mortgaged Qrem~ses at the tiWUC ot fding suit tor forectosure hereof and thereafter, and all of thr rents. m ~ issues, a[~d profits of the said mortgaged prenusrs uApaid and uncollected at the time oC filing suit for f~reclosure hereof a~d ~ thereaRer. and upon filing suit fur foreclosure. o~ at any time the~eafter. second party shall be entitled to have a receiver ~ appointed to take charge ut the said mor'gage prenux~s and the crops aown or growing thereun, togethe~ with ti?e said rents. , i issues, and pco~ts arising thr~eirum and hereby auigned, and hold the rame wbject to the order and direction uf the court. F ~ l0. First puty covenants that he will not perform any act which mig~t impair or tend to ;mpair the continuation an the pruperty herein dcuribed ot aU crop aUotments and acreage allotmcnts naw established or hereafter established on any of ; the property tserein dacribed. ! 11(a). !n the event xcond party ixcomes a party to any legal proceeding (excluding an action to toreclose thia ; mortgage or to coUect the debt hereby secured), involving this mortgage o~ il~e premises described herein (including but not ? limited to the title to the lands described above), second party may also recover of ~rst party aU costs and expenses j reasonably incurred by the ~nortgagee, including a reasonable attorney's fe~. which costs, expenses snd altorney's ice when ~ paid by seoond puty shall become a part of the debt secured hereby and shall be immediately payabie upon dem~nd, and shall draw interest from the date of advana by second puty until paid at the highest nte provided in any note or other instrument secured hereby. !1(b). !n the event raid debt, or any part thereof, is establishe3 by or in any action for foreclosure of this mortg,age, ; second party may slso recov~er of firstpa rty, in addition to the said debt or 9o much thereof as shall be unpaid, a reuonable ! fce for the attorney of sernnd party for protessionai services rendered in such action, such fee to be incorporated in the ; decrec of foreclosuce in wch action. 12. First party shall hold and enjoy the said premises until default in payment oC any of the installments u provided in said n~:e or other instrument secured hereby or a bceach of any of the covenants or wnditions of raid note or other instrument secured hereby or this mortgage shall be made; how~ever, any agent or employee of second party or any person designated by second party may ente• upon said premises at any time for the purpose of inspecting sarne or for any other ' purposes desired by second party. 13. Aq 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 second party for application, after payment therefrom of attomey's fees and expenses incurred by fust party and by second party in connection therewith. on such part of the indebtedness secured hereby as second party may determine, with no duty ~a second party to collect same. 14. First party agrees as a condition hereoC that all obligations, assignments, releases of real property and/or personal j liability, reamortizations, renewals. deferments, extensions a any other agreement. in writing, made by any one or more of ~ the patties herein designated as fust party with second party are hereby authorized and consented to by aq parties herein ~ designated as t'ust party and shall extend to and be binding upon the heirs, executors, administrators~ successors and assigns ~ of all the parti~es herein designated as first parry. 15. First party agees as a condition hereof tt~at if a conveyance, lease or other disposition should be made ~ voluntarily by fast party (or by any one or more of the parties designated herein as fust party) of any tide or interest in and ~ to the real property described above, or any part thereof, without the written oonsent of the lawful holder of this mort~ge, or if such tide or interest of Cust party (or of any one or more of the parties designated herein as fust party) is inv~oluntarily ; conveyed or transferred as the resWt of foreclosure of a junior Gen or is required under court order or decree as the result of i~ litig,ation (oonveyance or transfer of title or interest resulting from death of first party, or any of ihe fust parties, J more ! than one, excepted), without the written oonsent of the lawful holder of this mortgage, then and in either of said events, and ~'i at the option of said holder, and without notice to !he fust party, all sums of money secured hereby shall beoome due and ~I payable and in default immediately and cc~ncurrently with such conveyance, transfer, lease-or other disposition, whether the `i same are so due and payable and in default by the specific temu hereof or not. 16. Second pury shall have the right, exere~sable at its discretion so long u this mort~age is in force and e(fect, to demand in writing the assignmeat of and transfer to second p~arty. its s.~ccessors 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, leasehoW or other interest of any kind and nature whatscever, derived from, ~ connected with or affecting the within descnbed reai property but not otherwise subject to, conveyed andJor secured by this i} mortgage, with the right of, but no duty upon, second party, its wccessors or assigns, to collect sama 17. First party will comply with all the terms and conditiais of any instrument heretofore or hereafter executed by I~ first party in oonnection with the loan(s) secured by ihis mortgage. ? 18. if first party (or either oi them, if more than one), his heirs, successors or assigns, or any aswmer of the indebtedness hereby secured, fdes a petition in voluntary bankruptry, for ceceivership, for corporate reorgani7ation, 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 j party, its successors and assigns, the second party, without notice to the tust party, shall have the right to declare all sums of money secured hereby immediately due and payable and in default whether the same are so due and payabie and in default ii by the specific ternu hereof or not. ~ 19. This instrument is subject to the Farm Credit Act of 1971 and aU acts amendatory thereof and supplementary ~ thereto, and regulations iswed thereunder. All rights, powers, privileges, options and remedies conferred upon and given to second party ace cumulative of all other remedies and rights allowed by law, and may be pursued concurrently, and shall extend to and may tse exercised and enjoyed by the wccessors and assigns of second party, and by any agent, officer, i attorney or representative of second pazty, its successors or assigns. All obGgations ot, and assignments by, fust party herein ~ and hereunder shall extend to and be binding upon the heirs. executors, administrators, successors, and assigr~s of !'irst party. ~ W~1yI'IT(ESS WHEREOF, first party has hereunto set his hand and seal (and if first party is or includes a ij corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized ~1 otf`~cers), this the day and year fust above written. ~ 1 Signed, Sealed and Delivered (SEpL) I in the presence of: F. • h I ~I ~p~~ ~ - (SEAL) ~ • ~ A.--W. Be k (SF.~1L) As o Mr. Durham, Brown, ~ n ~ Mr. Leslie, M+. ite Mr. Wolfe ~ 1~~) ,l and Mr.~er ' ~ ~ ; ~ (SEAL) I Th. as . Nf fe ~ (SEAL) ! ' c M _ Le ' ~ A to A. W. Be (SEAL) ~ ephe L. Perrone l - - ~ _ - a o ~~~i23 _ ~ - ; ~ _ _ . --.--:=i r_. ,~~~t~