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Home My WebLink About1193 - - - - - ~ - - _ . _ ~ _ < - - - ~ v . , - - - - i ' growing upon the said nartgaged premises at the time of filing suit for forecloaurc hereof and thereafter, and all of the rents, issues. and profils of the said mortgaged prenuses unpaid and uncoliected at the time of filing suit Cor foreclosore hereof and ~ thereafter, and upon Gling suit Por foreclosure, or at any time thereafter, second party shall be entitled to have a receiver appointed to take charge of the said mortgage prenuses and the cropa sown or growing thereun, together with the said rents, ~ issues, and profits arising therefrom and hereby assigued, and hold the same subject to the order and direciion of the court. i 10. First party coNenants that he wi!! not perform any act which might impair or tend tu impair the continuation on the property herein described ot all crop allotaients and acreage allotments now established or hereafter established on any ot ~ the property herein described. ' II(a). In the event second parry becomes a party to any legal proceeding (excluding an action to foreclose this j mortgage or to coUect the debt hereby secured), invotving this mortgage or the pre~TUSes deuribed herein (including but not ~ limited to the title to the lands described above), second party may also recovpi of first party all cosis and expenses ) reasonably incurred by the mortgagee, including a reasonable attorney's Cee. which costs, expenses and attorney's fee when paid by semnd 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 tughest rate provided in any note or other 4 instrument secured hereby. j 11(b). In the e~rnt said debt, or any part thereof, is established by or in any action for foreclosure of lhis mo~tgage, i second party may also recover of fust party, in addition to the said debt or so much thereof as shall be unpaid, a reasonable i fee for the attorney of second party for professional services tendered in such action, such fee to be incorporated in the i decree of foreclosure in such action. ! 12. First party shall hold and enjoy the said premises unW detault in paynzent oP any of the installments as provided ~ in said note or other insirument secured hereby or a breach ot any of the covenants or oonditions of said note or other instrumeni securcd 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 aey 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 shalt 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 of the indebtedness secured hereby u second party may determine~ with no duty on second party to collect same. t4. First party agrees as a condition hereoC that all obligations, ass~gnments, releases o~ reai properiy andjor persviuu j liability, reamortizations, renewals, deferments, extensions or any other agreement, in writing, made by any one or more of j the parties herein designated as first party vrith second party are hereby authoriud and consented to by all parties herein ~ designated as fust party and shaU extend to and be bind.ing upon the heirs, executws, administrators, successors and assigru oF alt the parties herein desigrtiated as first pariy. # 15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made Yoluniarily by firsi ~•ty {or by any one or more of the parties designated herein as first party) of any tiUe or interest in and to the real prop~rty described above, or any part thereof, without the written oonsent of the IawfW holder of tius mortgagc, ~ or if such title or interest of fuat party (or of any one or more of the pazties designated herein as Pust puty) is involuntarily ~ oonveyed 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 tide or interest resulting from death of fust party, or any of the fust parties, if more than one, excepted), without the written oonsent of the tawful holder of this mortgage, then and in either of said erents. and at the option of said holder, and without notice to the first party, all sums of money secured hereby shall beoome due and t payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposidon, whelher the i same aze so due and payable and in default by the specific terms hereof or not. i 6. Second party shall have the right, exercisable at its discretion so long as this mortgage is in force and effect, to j demand in writing the assignment of and transfer to second party. its successors and assigns, and first puty hereby agras to ~ sQ assign and transfer, any and all rents,. profits, royalties, income or other consideration to be paid or accruing to first patty j from any oil~ natural gas, mineral, timber, kasehold or other interest of any kind and nature whatsoever, derived from, ~ vonnected with or affecting the withire descrbed 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 wccessors or assigns, to collect same. ~ 17. First party will comply with all the terms and conditions of any instrument heretofore or hereafter executed by fust party in connection with the toan(s) secured by this mortgage. ~ 18. !f first party (or either of them, if more than one), his heirs, successors or assigns, or any ass~?mer of the i 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 fast party, shall have the right to declare all sums of i moaey secured hereby immediately due and payable and in default whether the same are so due and payable and in default ! by the specific terrru hereof or not. . i 19. This instrument is subject to the Farm Credit Act of 1971 and aU acts amendatory thereof and suQplementary thereto, and regulations issued thereunder. Ali rights, powers, prmleges, opiions and re,nedics conferred upon and given to ~ second party are cumulative ot all other remedies and rights allowed by law, and may be pursued concunently, 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 pazty, its successors or assigns. All obligations of, and assignmer~ts by, fust pazty herein and hereunder shall extend to and be binding upon ihe heirs, executors, administrators, successors, and assig~s of fust party. IN VYITNFSS WHEREOF, fust party has hereunto set his hand and seal (and if fust party is or indudes a corporation, it has caused this instrument co be execu~ed, seaieu t~y iis c~;~:at~ sea; a:.~ d;.;'r.~ere~ b, iis ~!ely aLf~t~ied t~ officers), this the~day and year fust above written. SUNSWEET GROVES, INC. ~ Signed, Sealed and Delivered ~ in the presence of: Jo . p M. Propst President ~S~L~ r o~.u.~.. ~.~.~l~f~...~ ~s~?~., ~ ~ , ,=~~-:.:~~.~5.~ , ~t?r~ea (sEAI.) ,Ta ` ` ,~opst, cr ary . ~ ~ ' ~ (SEAL) ~ y e W : ` F ` 3 ~ ~ 7 • r ~ - ~ • C ~ ~ ~ _ ' ~ ~ (SEAL) ~ " ~ , -~:y1~ (SF.AL) ~~.~~~~.~r• ° ~ ~44 oa ~S~,L, Bo~K ~~~94 ; ; . - - - - ~ Y{ ~ . . _ . _ ~ ~ - .:~v