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Home My WebLink About2771 , } ; ~ . ~ - ~ ~ 1 gowinE upan the said monpged premiscs at the tict?e of ~ding suit Cot foreclosure heteoi and thereafter, snd aU of the tents~ iuua, and profit: of the said mortg~ged premisa unpaid and uncollected ~t the time of fding suit [or foreclosure hsreof and thereafter, snd upon C~ing suit for fortctosiue. or at any time thereafter. second parly shaU be entitled to hav~e a recoiver ; appointed to take chuge of the said mat$age prenuses and the c~ops sown or growing thereon, together wi~h the said rents. i iswes, and profits uising thecefrom and heceby assigaed. and hold the s~me subject to the o~der and d'uection of the oourt. ~ !0. Fint party oovrnants that he will not perform any act which might impair or tend to impair the continwtion on the prope~ty herein descdbed ol' all aop altotments and acreage allotments now established oc hereafter esablished on any ot ~ ttie property he~ein described. j !1(a). !n the event seoond party becomes a party to any k~,af proaeding (excluding an action to toreclose this moctgage or to oollect the debt hereb~+ secuced), involving this mortgag,e or the premises desccibed herein (including but not ~ limited to the titk to the lands described abovr), second puty may also reoover oC first puty all costs and expenses ~ reasonably incurred by the martgaga, incluling a r~asombk attaney'a fee, which coats~ expenxs and attorney's fee when ~ paid by second part~ s!?aU become a part of the debt secured henby and shall be imn~ediately payable upon demsnd, and shall dnw interest from the date of advana by second party unt~ paid at the highest ate pcovided in any note oz other ; uutrument secured heroby. ; 11(b). Ia the avent said debt. or any put thereof. is established by or ia any action for foreclosure of this mortgAge. ; second puty msy also recoMer of i`ustparty, in adlition to tlx said debt or so much thereof as shall be unpaid, a reuonabk ~ fee for the attomey o[ xoond party for professional services rendered in such action, such fee to be inoorporated in the ~ decra of foceclowre in wch action. ' 12. First party shall hold and enjoy the aaid premisa unW deiault in payment of any of the installmenta as provided ~ in said note or other iastrument secured hereby or a breach of any of the corenants or oonditions of said note or other ; instrument secured henby or this mortg~age slLall be made; how~ver, any agent oc employee of second party or any person _ ! designated by seoond party may eater upon said premises at any iime for ~he purpose of inspecting sune or for any other ; purpcues desired by second party. - ; 13. All amounts that msy hereafter be awerded for oondemnation of. and waste and tortious injury to, any of the property hereby encumbercd ue hereby assigned and stull be payabk unto second party for appGcation, after payment thecefrom of attomey's fees and expenses incurnd by fust party aad by seo~nd party in oonnection thecewith, on auc6 part of the indebtedness secured henby u seound party may determine, with no duty on seoond puty to coqect rame. i 14- First putY agr~eas as a condition hereof that all oblyptioas, u~ignmeats, relases of ceal property andf or personal i liability, reamort~zations, reaewala, defermeats, extensiona or iny other agceemenc, in writing, made by any one or mon of I the parties heraia designated u first party with seoond puty ue hereby authoriud and a?nsented to by all parties herein _ designated as fust party and shzU extend to and be binding upon the heirs, executors, administrators. wexsson and assigns ;i of al! the ~rties henin desigpatcd u fust puty. 15. First puty agrees as a oondition henof that it a comeyance, lease or other disposition should be made v~oluntuily by first puty (or by any one or more of the partia desig~ated herein as fust party) of any tide or intecest in and 1 to the real property descdbed above, or any part thereof, without the written consent of the lawful holder of thia mortgagie. ' or if such title or interest of first puty (or of any one or more of the parties davgnated herein u fust puty) is inv~oluntarily ~j eonreyed or transferred u the result o! foreclosure of a junior lien or is required under oourt order or deccee as the result of i iitig~tion (eoav~eyancx oc ttansfer of titk or interest resulting from death of fust party, or any of the fust partia, if more ~ than one, excepted), without the written oonsent of the lawful holder of this mort$age. then and in either of said eMents, and at the option of aaid hoWer, aad without notioe to the firat pury, all sums of money secured hereby shall beoome due and payabk and in default immediately and ooncurrently with such conveyance. transfer, kase or other disposition, whether the ~j same are so due and payabk and in default by the spe~c temns h~reof or not. j 16. Sernnd~ puty shall hsvE t1~e righf. exercLnble at its discretion w long u this mortg~ge is ia forcx and effect, to demand in writing the assignment of and ttansfer to second party, its wccessors and usigns, md fust puty henby agras to ~ so astign and- transtec, any and all rents,,,profits~ royaltia, income or other considention to be ptid or accruing to fust puty ;j from any o~, natwal gu, mineral, timber, `kaschold or othar interest of any kind md nature whatsoever, derived from, ~ oonrncted with or affecting the within descr~bed real property but not otherwise subject to, u;r.~reyed and/or secured by this morigage, with the right of, but no duty upon, seeond party, its wccessors oc assigns, to collect same. 17. First party will oomply with all the temu and conditions of any instrument heretofore or hereafter executed by j first party in connection with the ban(s) secured by this mortgage. 18. If fust party (or either of them. ~ more than one), his heirs, successors or assigns, or any assumer of the ~ indebtedness hereby secured, files a petition ir~ voluntary bankruptey, for receivership, for corporate reorg~r?'uation. or for i other debtor relief of any chuacter or kind, or is adjudged a bankrupt, then and in the evrnt, and at tM option of the second puty, its ~ccessors and assigns, the sscond party, v~nthout notice to the Pust party, shall have the right to declue all sums of ~ money secured henby inunediately due and payable and in default_ whether the same are so due and payable and in default by the specific terrr~ hereo:'or not. 19. This inswment is subja:t to the Farm Cndit Act of 1971 and all acts amendatory thereof and supplemeatary thereto, and regulations iswed thereunder. All rights, powers, privileges, options and remedies rnnferred upon and given to ; setond puty are cumulativ~e of all other remedies and rights allowed by law, and may be pursued conctjrrently, and shall extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, offioer, ; attomey or representative of second party, its successors or assigns. All obligations of, and assignmeats by, first puty herein ! and hereunder shall extend to and be binding upon the heirs, executors, administrators. succeuors, and assigns of fuu party. i p~ W('I'NESS WtIEREOF, first puty has hereunto set his hand and xal (and if fust party is or indudes a ; oorporation, it has caused this instnunent to be executed, seakd by its corporate seal and delivered by its duly anthorized ! officen), this the day and yesr first above written. ; ; gigned, Seakd and Delivere (SEAI.) ; ' the rexna of: r ert , ~ ~ Y : (SEAI-) ' rving e , tto y- - ac ~ / . ; - l'l2lLrLr~ (SFAL) ~ ~ (SEAI.? ~ ~ ~ ~ ~5~~ i (SF~?L) ~~3~. ~27'~ ; _ - - -