HomeMy WebLinkAbout0637 growing upon the said mort~aged• premises at the tirm of Rling suit fix foreclosure hereof and thereafter, and all of the rcnts.
' issues. and profits of the said mortgAged p~emises unpaid and uncollected at the time of ~ling suit [or foreclosure hereof and
thereafter, and upon filing suit for foreclosute, or at any time ~thereafter, second party shall be entitled to have a receiver
appointcd to take charge ot the said mortgage premiscs and the crops sown or growing therean. together with the said rents,
issues, and profits arising therefrom and hereby assigned. and hold the same subject to the order and d'uection of the court.
~ 10. First party rnvrnants that he will not perform any act which might impair or tend to impair the continuation on
~ the property herein described ot aU crop allotments and acreage aUotments now established or hereafter established on any of
the property herein described.
lt(a). In the event second party becomes a party to any legal proceeding (excluding an action to toreclose thia
~ mortgage or to collect the debt hereby secured), involving this mortgage or the premises described herein (including but not
' limited to the title to the lands describcd above), second party may also recover of first party all costs and expenses
~ reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costs, exptnses and attorney's fee when .
~ paid by ~econd party shaU become a part of the debt secured hereby and shall be immediatel~+ payable upon demand, and
~ shall draw interest from thc datc of advance by second party until paid at the highest nte provided in any note or other ~
; instrument secured hereby. -
11(b). In~the ev~ent said debt, or any part thenof, is estabGshed by or in any action for fonclosure of this mortgage,
' second party may also reoover of firstpa rty, in addition to the said debt or so much thereof as shall be unpaid, a reasonable
; fee for the attomey of seoond party for professional services rendered in such action, such fee to be incorporated in the
~ decree of foreclosure in such action.
i 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as provided
~ in said note or other instrument secured hereby or a breach of any of the covenants or oonditions of said note or other
j instrument stcured hereby or this mortgage shall be made; however, any agent or employa of second party or any person -
i designated by second party may enter upon raid premises at any time for the pwpose of inspecting sarne or for any other
purposes desired by second party.
13. All amounts that may hereafter be awuded for condamnation of, and waste and tortious injury to, any of the
property hereby encumbered are hereby assigned and shall be payable unto second party Cor appGcation, after payment
therefrom of attomey's fees and expenses incurnd by fuat party and by second party in oonnection therewith, on sudi part
of the indebtedness secured hereby as second party may dctermine, with no duty on seoond puty to collect sacne.
14. First party agirees as a condition hereof that all obli~ations, auignments, releases of real property and/or peraonal
liability, reamortizations, renewals~ deferments, extensions or any other agreement, in writing, made by any one or more of
the parties herein daigaated as first party with second puty are hereby authoriud and consented to by all parties herein
~ designated as fust patty and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns
; of all th~ puties herein d~signated as fust puty.
I5. Fint puty ag~rees as a condition h~reof that if a conveyance, lease or other dispoaition should be made
v~oluntarily by fust party (or by any one or more of the putiea designated herein as fust party) of any title or interest in and
; to the real property described above, or any part thereof, without the written consent of the lawful holder of this mort~e,
I or if such titk or interest of fust party (or of any one or more of the puties designated herein as first party) is inmluntarily
oonveyed or transferred as the result of foreclosure of a junior Gen or is required under oourt order or decree as the result of
litigation (conveyance or transfer of title or interest resulting from death of fust party, or any of the fust parties, if more
!f than one, excepted), without the written oonsent of the lawful holder of this mortg,age, then and in either of said events, and
at the option of said holder, and without notice to the fust party, all sums of money secured hereby shall be~me due and
~ payable and in default immediately and concurrently with such conveyance, transfer, lease or other dispcuition. whether the
;i same ue so due and payable and in default by the specific terms hereof or not. i
16. Second party shall have tlie right, exerc~sable at its discretion so long as this mortg,age is in force and effect, to ~
! demand in wciting the assignment of and transfer .to eewnd party, its successors and assigns, and fust party hereby agras to
~ so assign and transfer, any and aU rents,. profits. royalties, income or other consideration to be paid or accruing to fust p~rty
~ from any oil, natural gas. mineral, timber, lea~ehold or other interest of any kind and nature whatsoever, derived iiom, ~
connected with or affecting the witt?in descrbed real property but not otherwise subject to, conveyed and/or secuced by this
;I mortgage, with the right of, but no duty upon, second party, its wccessors or assigns, to collect same.
17. First party will oomply with all the temu and conditions of any instrwnent heretofore or hereafter executed by
' first party in connection with the ban(s) secured by this mortgage.
18. If first puty (or either of them, if more than one), his heirs, successors or assigns, or any assumer of the
~ !I indebtedness heteby secured, Pdes a petition in voluntary bankruptcy, for receivership, for corporate reorganization, or for
other debtor reGef of any chuacter or kind, or is adjudged a bazilcrupt, then and in the event, and at the oPtion of the second
~ party, its successors and assigns, the second party, without notice to the fust party, shaU have the right to declare all sums of ~
j money secured hereby imn~ediately due and payable and in default whether the same are so due and payable and in default
by the specitic ter~ her~of or not. ~
~ 19. This instrument is subject to the Farm Credit Act of 1971 and all acts amendatory thereof and sapplementary
~ thereto, and regulations iswed thereunder. All righls, 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 concunenUy, and shall !
extend to and may be exercised and enjoyed by the successors and assig~s of second party, and by any agent, o~ar, ~
attorney or repreaentative of second party, its successors or asvgns. All ob6gat:ons ot, and assi$nments by, t`ust party herein
~ and hereunder shall extend to and be binding upon the heirs, executors, administraton, succesaors, and asrigns of fust party. j
y _ ~
~ (M WITNESS WHEREOF, fust party has hereunto set his hand and sea! (and if tust party ia or includes a
~ corpontion, it has caused this instrumeat to be executed, seakd by its corporate seal and delivered by its duly authoriud
~ officecs), this the day and year first above written.
i
Signed, Seakd and Deliv~ered L~"`' - i~~
' the nna : . . (SEAL)
a ace Moore, Jr.
i ~ , - ~-.:.~,0...40-~,,., ~ _ ~(`c~0 o v ~ (SEAL) .
~ za th S. Hoore
(SEAL)
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(SEAL)
~ goox 244 PA~ 63?
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