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Home My WebLink About0801 I I ~ ~ ~ growing upc~~ the said mortgaged premises at the time of fding suit for foreclosure hereof and thereafter, and all of the rents, issues. and profit~ of the said mortg,aged prentises unpaid and uncollected at the time of filing suit for foreclosure hereof and ' thereafter, and upon filing suit for foreclosure, or at any time thercafter, second party shall be entitled to have a receiver ~ appointed to takc charge of the said mortgage prendses and the crops sown or growing thercon. together with the said rents, i issues, and profits arising therefrom and hereby assigned, and hold the same subject to the order and direction of ihe court. ; 10. First party covenants that he will not perform any act which migl~t impair or tend to impair the continuation on j the property herein described of all crop allotments and acreage allotments now established or hereafter established on any of ; the properry herein described. ' 11(a). In the event second party becomes a party to any legal proceeding (excluding an action to foreclose this ~ mortgage or to collect the debt hereby secured), involving this mortgage or the prenuses described herein (including but not i limited to the title to the lands described above), second party may also recover of first party aU costs and expenses ~ ' reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when paid by second party shall become a part of the debt secured hereby and shall be immediately payable upon demand, and ~ i shall draw interest from the date of advance by second party until paid at the highest rate provided in any note or other t instrument secured hereby. ~ 11(b). ln the event said debt, or any part thereof, is established by urin any action tor foreclosure of this mortgage, ! ucond art ma also recover of First paity, in addition to the said debt or so much thereof as shall be unpaid, a reasonabte i~ P Y Y fee for the attorney of second party for professional services rendered in such action. such fee to be incorporated in the ~ decree of foreclosure in such action. 12. First party shall hold and enjoy the said premises until defauh in payment of any of the installments as provided t in said note or other instrument secured hereby or a breach of any of the covenants or conditions 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 I 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 property hereby encumbered are hereby assigned and shall be payable unto second party Cor application, after payment ' therefrom of attorney's fees and expenses incurred by Pirst party and by second party in connection therewith, on such part ~ of tlie indebtedness secured hereby as second party may determine, with no duty on second party to collect same. j~ - 14. First party agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal ; liability, ireamortizations, renewals, deferments, extensions or any other agreement, in writing, made by any one or more of f the parties herein designated as Crst party with second party aze hereby authorized and consented to by all parties herein ~ designated as first party and shal; extend to and be binding upon the heirs, executors, administrators, successors and assigns ot all the parties herein designated as first party. ' 15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made ~ voluntazily by first party (or by sny one or more of the parties designated herein as Cust party) of any title or interest in and i to the real property described above, or any part thereof, without the written consent of the lawful holder of this mortg,age, ~ or if such title or interest of fust party (or of any one or more of the parties designated herein as fust party) is involuntarily conveyed or transferred as the result of foreclosure of a junior lien or is required under court order or decree as the result of litigation (conveyance or transfer of title or interest resulting from death of first party, or any of the fust parties, if more than one, excepted), without the written consent of the lawful holder of this mortgage, then and in either of said events, and ;I at the option af said holder, and without notice to the first party, all sums of money secured hereby shall become due and payable and in defauit immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the ;i same are so due and payable and in default by the specific terms hereof or not. 16. Second party shall have the right, exercisable 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 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, 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. ;I 17. First party will comply with all the terms and conditions of any instrument heretofore or hereafter executed by j~ ~ fust party in connection with the loan(s) secured by this mortgage. _ 18. It 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, 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, without notice to the f ust party, shall have the right to declare all sums of money secured hereby immediately due and payable and in default whether ths same are so due and payable and in default ~ by the specific terr?u hereof or not. 19. This instrument is wbject to the Farm Credit Act of 1971 and all acts amendatory thereof and supplementary i~ thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to second party are cumulative of all 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, officer, ; attorney or representative of second party, its successors or assigns. AU obligations of. and assignments by, first party herein E~ and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of first party. I~ i. [N WITNFSS WHEREOF, first party has hereunto set his hand and seal (and if fust party is or includes a ~ : corporation, it has caused this instrument to be executed, sealed by its corporate seal and deGvered by its duly authorized j~ ~ of~cers), this the day and year t~rst above written. ; i ~ i~ - ~ r . ~ ~ ~ Signed, Sealed and Delivered ~ ' ~ !f ' cCL~a-..-~-` ` l r,L t. i.~ (SEAL) I in e presence of: ~ II . ~ • ' ~""-`-{,s~~L) ~ ~ ~ ~ (SEAL) ' • f~ ~ , ~ j SEAL ~ ( ) - ~ I~ ~ . - (SEAL) I; ~ !l ~ (SEAL) ; r ~ (SEAL) ~j ~ 807K 238 PAGE vo~ !i i' ; ' _ - - - , - - - - - - - , - _ _ - - - - - - _ _ _ - ; ~ _ . , _ _ . _ y,~~ ' _ , : Y i-% . -':S