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Home My WebLink About1865 ~ - _~'~a~as ^ • c~-s-- s':_~.rsrz . . . . , '_"'__'_'zccr_=-:nsraa:s-s:a-s-cz i • growing upon the said mortgaged premises at ihe time of fl7ing suit for foreclosure hereuf and thereafter, and all of the rents, issues, and profits of ihe said mortgaged prenuses unpaid and uncollected at the time oC filing suit for foreclosure hereuf and ' thereaher, and upon filing suit for foreclusure, or at any time thereafter, secund party shall be entitled to have a receiver ~ ap~inted to take charge uf ihe said mortgage prenuses and the crops sown or gtowing tl~ereon~ together with the said rents, ~ issues, and proGts arising therefrom and hereby assigned, and hotd the same subject to the order and direction of the couct. ~ 10. First party covenants Qwt he will not perform any act which migl~t impair or tend 1o impair the continuation on i the property herein described of all crop aUotments and acreage aUotn~ents now established or I~ereafter established on any of the property herein described. ; I1(a). tn the event second party becon~es a parry to any Iegal proceeding (excluding an action to foreclose this mortgage or to coliect the debt hereby secured). involving this mortgage or the premises described herein (including but not Gmited to the title to the lands described above). second party may also recover of first party all costs and expenses reawnably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when paid by second parry shall become a part of the debt secured hereby and shall be immediately payable upon demand, and 1 shall draw interest from the date of advance by second party until paid at the highest rate provided in any note or other instrument secured hereby. 11(b). In the event said debt, or any part thereof, is established by or in any action for foreclosure of this mortg,age, second party may aiso recover of first party. in addition to the said debt or so much thereof as shall be unpaid, a reasonable j fee for the attomey of second party for professional services rendered in such action, such fee to be incorporated in the f decree of foreclosure in such action. 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as grovided ~ in said note or other instrument secured hereby or a breach of any of the covenants or condition:. of said note or other instrument secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person ~ designated by second party may enter upon said premises at any time for the purpose of inspecting same or for any other + purposes desired by second party. 13. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the I property hereby encumbered are hereby assigned and shall be payable unto second party for application, after payment therefrom of attorney's fees and expenses incurred by first party and by second party in connection therewith, on such part ~ c~t the indebtedness secured hereby as second party may determine, with ao duty on second party to collect same. ~I 14. First party agrees as a condition hereof that all obGgations, assignments, releases of real property a~=a!ar personal ! liability, reamortizations, renewals, deferments, extensions or any other ageement, in writing, made by any one or more of i the parties herein designated as first party with second party are hereby authorized and consented to by all parties herein ' designated as fust party and shall extend to and be binding upon the heirs, executors. administrators, successors and assigns ~ of all the parties herein desi$nated as first party. ~ l5. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made voluntarily by fust party (or by any one or more of the parties designated herein as first party) of any titte or interest in and to the real property described above, or any part thereof, without the written consent of the lawful holder of this martg:?ge, or if such title or interest of Cust party (or of any one or more of the parties designated herein as first party) is involuntarily conveyed or transferred as tht :es~: ~f foreclosure of a junior lien or is required under courl order or decree as the resu]t of litigation (conveyance or transfer of title or interest resulting trom death of first party, or any of the fust parties, if more ~i than one, excepted), without the written consent of the lawful holder of this mortgage, then and in either of said events, and ~ at the option of said holder, and without notice to the first ~party, all sums of money secured hereby shall become due and payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the same are so due and payable and in default by the specific terms hereof or not. l6. Second party shall have the right, exerc~sable at its discretion so long as this mortgage is in force and effect, to i demand in writing the acsignment of and transfer to second party, its successors and assigns, and first party hereby agrees to ~ so assign and transfer, any and aU rents,. profits, royalties, income or other consideration to be paid or accruing to fust party i from any oil, natural gas, mineral, timber, leasehold or other interest of any kind and nature whatsoever, derived from, connected with or affecting the within described real property but not otherwise subject to, conveyed and/or secured by this ; ' mortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect same. ~ ~ 17. First party will comply with aU the terms and conditions of any instrument heretofore or hereafter executed by , ' fust party in connection with the loan(s) secured by this mortgage. ~ ; 18. If first party (or either of them, if more than one), his heirs, successors or assigns, or any assumer of the i~ s 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 adj~dged a bankrupt, then and in the event, and at the option of the second ' party, its successors and assigns, the second party, without notice to the first party, shall have the right to declare all sums of i ~ money secured hereby immediately due and payable and in default 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 Earm Credit Act of 1971 and aU acts amendatory thereof and supplementary ~ thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to second party are cumulative of aU other remedies and rights atlowed 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, officer, i ~ attorney or represenWtive of-second party, its successors or assigns. All obligations of. and assignments by, ~rri party herein ~ and hereunder shall extend to and be binding upon the heirs, executors, adminis~raiors, ~u~:.:.ssors, and assigns of fast party. ~E ~ !i ~ IId WITNESS WHEREOF, first pazty has hereunto set his hand and seal (and if first party is or includes a i~ ~ corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized ~ officers), this the day and year first above written. ~ ~ I i ~ ~ ! Signed, Sealed and Delivered ~ ~5~~ he presen of: ~ ~ Williaan 1~. Parker + - ~ , ~,~.a~.~..L~T ~ L) X~~i~f'~~E M. Parker ~ _ ~ Elizabeth (SEpL) { _ ~~,~orn to ari~~att~lt+t ;before ae this (SEAL) trP 12th d~:•d~~i~rch,`~A.D. 1975. ~ ~ ::r~ ; ; . . ~c, I (SEAL) ~ - ~I ' Notar~ b~ p F~or t~tc St~t~ of Tenn. (SEAL) ~ 4~. 9 uy Co~n~iQs~i¢~~~x,~i~,4 ~ 11, 1 77. (SEAL) ( • ~ ~ ~~7 1863 ' - a~ pACE ~ t - - - - - - - - ~ ~ ' _ - ~ ~ 4 t y~ r~_fi _ ft. . , . . _ ' . ..~cv'.'s,'G`~~~: '3'~