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HomeMy WebLinkAbout0278 ! , } - ~ - - - I - - - - - - - - 'ti~~l~'? - . _ . - - . - _ ' i ~ ~ I growing upon the said mortgaged premisas at the time of Pding suit fw foreclosure hereof and thereafter, and ap of the rents, i issues, and profits of the said mortgaged premiua unpaid and uncoUected at the /ime oC filing :uit for [oreclosure hereoC snd thereafter, and upon ~'iling suit for toreclo:ure, or at any time thereatter~ ucond party shall be entitled to have a reaiver ~ appointed to take charge of the said mortpges premises and thc crops sown or growing thereon~ togethcr with the said rents, I issves, and profits acising therefrom and hereby asaigned. and hold the same aubjoct to the order and direction of the court. ~ !0. Firat party covrnants that he will not perform rny act which might impair or tend to impair the continuation on ; the property herein described af aU crop aUotrr~nt~ artd-aercage ailotments now eatablished or hereafter eatablished on any of ~ the propcrty huein deacribed. ' I I1(a). ln the e~rent second party becomes a puty to any kgal proaeding (excluding an actian to foreclose this ~i moctgage or to a>llect the debt here~y secured), involving thia mortgage or the premises desccibed herein (i~cluding but not ~ limited to the tide to the lands described above), second party may also recaMer of first party all costs and expenses j reasonably ir+cuned by the mortgagee, induding a reasonabk attaney'a fee, which costs, expenses and attorney'a fa when ~ paid by second party shall become a part of the debt secured hereby and shall be immeciiatdy payable upon demand, and ; shall draw intere:t from the datc ~f advance by second narty until paid at the higheri ratc provided in any note or other i instrument xcund hareby. ! 11(b). In tha ev~ent said debt~ or any part thereof, ia eatablished by or in any action for foreclosure of thia mortgage, i second party msy also recorrer of fustparty, in addition to the said debt or so much lhereof as shall be unpaid. a reasonable ~ fee for the attorney of second party for pcofessional service: rendered in wch action, such fee to be incorporat~d in the ~ decree of loreciosun in such action. j 12. First puty shall hold and enjoy the said premises unW default in payment of any of the installments aa provided ' in said note or other instrument secured hereby or a breach of any of the covenanu or oonditions of said note or other ~ instrument aecured hereby or this mortgage shall be made; howev~er, any a~nt or employee of second party or any peraon + j designated by eecond parry may enter upon said pnmises at any time for the purpose of inspecting same or for any other ~ purposes desired by second natty. 13. All amounts that may hereafter be awarded for_ condemnation of, and waste and tortious iajury to~ any of the ~ property hereby encumbered are hereby aasigned and stial! ba payabk unto seoond party for application, after payment ; therefrom of attomey's fees and expenus incuned by first puty and by seoond puty in coanection therewith, on auch part ! of the indebtedneas secured hereby u seoond party may daternnne. with no duty on second puty to coAect sarne. 14. First party agcees aa a condition hereof that all oblig~tions, assignmeats, releases of real property and/or personal liability, namortizations, renewals, deferments, extensioeu or any other agreement, in writing, made by any one or mon of the partiea herein designated as fust party with second party ue henby suthoriud and consented to by all putiea herein designated as first party and shall extend to and be binding upon t!u heits. executors. adminiaUaton, successors and assig~u of all the parties herein designated as'1"ust puty. ' 15. First party agrees as a condition hecsof tlwt if a conveyana should be made wluntarily by fust puty (or by any one or more of the paztiet dasignated herein as fust party) of any titk or intenst in and to the real property described above, or any part thereof, without tbe written consent of the lswful holder of this mortgage, or if such tide or intereat of first party , (or of any one or more of the parties designated herein as first puty) is inv~oluntu~y oanveyed or tranafened as th~ result of forecloaun of a junior lien or ia requind under oourt order or decree aa the result of litigation (oonveyana or Uansfer of title or intereat resulting from death of fust party. or any of the first p~rties, if mon than one, excepted), without the written oonsent of the lawful holder of this mortg,age, then and in eiWer of aud ewents, and at the option of aaid holder, and without notice to the firat party, all suim of money se~red hereby shall beoome due and payable and in default immediately and concurrendy with such vonveyana or transfer, whether the same are so due and payable and in default by the specific terms hereof or not. ~ 16. This inswment it subject to the Federal Farm Losn Act and all acts amendatory thereof and supplementary ' thereto, and nguladons issued thereunder. All rights, powers, privileges. options and remediea and rights allowed by law, may be pursued concucrendy, and shall extend to and may be exercised and enjoyed by the auccess~r3 and assi~n: of second party, ' and 6y any agent. ot~fiar, attorney or npresentatire of second party, its suc~xsaon or sstigns. All obligations of, and assig~ments by, fust party herein and hereunder ahall extend to and be binding upon the heirs, e~ecutors, administntors, sucoessocs, and assigns of fuat party. ~ ~ IN WITNF.SS WHEREOF, fust party has hereunto~ set his hsnd and seal (and if first party is or indudes a ~ ~orporation it haa caused these presents to be executed and its corporate seal to be hereto affixed by its proper officers ~ thereunto fust duly authorized), this day and year fust above written. 6 ' ~ ~ j ' Signed, Sealed, and Delivered ~~~y • • • ~ ~ ` { in 1he presence of: -t : ~ • ~ r < - U r• 3 J V ~ .r, FLAVA FARMS, ~r~c. , r ~ ~ • ,1' t~ ~v~o ` . .r S, Knig t, Jr. , esident ~ r«.; ~ Gi~ ' cs~a . _ I~ona A. Knight, Secretary ~ ~l , ~r~ ~~~_C! - ~ -cC~t (SEnt,) ~ ~ - cSE,~.~ ~ . ~ ~ ~ ~ry• (SEAL) ~ ~ . ouE a" a W~a a ~ ~ MiastWtT p~p~wtPOf~~~~ (SEAL) ~ CLEI~tc C11ld~ ~i. WC ~z - ~ ~ ; ~ ~ Th?s fn~i?um~nf vr3s ~?e^~sed 6y J. CHARLES T+'n 1~r~~~.~ •~r~c •~r~;r ~ R~ i ~a~;1.1=RS P,?Ot) , ~ ;'1T ~ _ . e~~¢~ Z~ 1 i Ci6 !1.'N. 15!n St-e:r c~~~. G:+~c• F:~•:,. i ~ ~ I ~ f - ' I ~ I - . , _ : - ~ _ .