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HomeMy WebLinkAbout0151 ~ ~ . ; } i • ~ t i ! ~owing upon the ~ld mp~~ ~ premi~ at 1Die tune of filing wit for foredaure hereof and thereafter, and all ot the anu, iswa, and prof~t: of the d ctpged pcsmi'tes uopRid t~d unoollected at the tlrt~e of feti~g ~it for foreclosuro hereof snd ` theraafter, and upon f~ling sujt for foteclosure, or at ~ny time thereafter, ~econd puty ~ali be entitled to hav~e a reaiver ~ appointed to take char~e of tha ~id mortp~ge premisa and the crops sown a gmwia thereon. together with the said rents, iswes, aad protlts ui~ng theretrom and hereby assianed. aad hold the ame wbject to ~ ordec and dfrection of she oouct. ~ 10. Fint party oovenant: that he wiU not perform any act which miaht impair or tend to Impa~r the continuation o~ tha property hereL~ d~sctit~ed of all cwp aUotm~nts and ~creage allotments now established oc hereafttr established on any of the pcoperty henin dasctibed. 11(a). In the event second puty become: a puty to any kg~l proceeding (excluding an actan to Coreclo~e thii mortg,~ge ot to oollect the debt hereby ucund), involvinE this mortgage or the premiscs described herein (including but not limited to the titk to the lands described above), second puty msy also resov~er of fLtt puty all oosti ~nd expenses ~ reasonably incwred by the mortg,~ga, induding a rea=onabk attoraey': fee, which cosb. expenses and attomey's fce when paud by ~eoond puty ahall becoma a put of the debt seciued hereby and shaU be immediately pay~ble upon dem~nd. and ~ ~ail draw Interest from the date of advana by seoond puty untD paid at tha highest rate provided in any note or other instrurraat:ecured henby. - ; 11(b). !a the ewent said debt, or any put thereof, a atablished by or in any utioa for foredosure of this mort~age, ; seoond puty may also recover of fustparty, in sddition to the said debt or so much thereof as shall be unpaid. a ressonabk ; _ fee for the attorney of feoond party far profesaionsl service: rendered in such action, such fee to be inoorporated in the t decree of fonclown in wch sction. ; 12. Flr:t puty shaU hold and enjoy the said premisa unW default in p~yment of any of the installments as provided ' ln said note ot other insttument sec~ued hereby or a breach of any of the cov~er~ants or oonditioru of stid reote or other ~ Ltstrumtnt ~ecund hareby or this nwrtg,~g+e ~al! be made; howev~er, any sgent a employee of second party or any person ' daignsted by ~eoond party may_ enter upon said premises at my tlme for the purpo~e of inspecting same or fa any other t pwpo~es desind by second party. 13. All amounts that may hereafter be awarded for ooademaatioa of, and waste ued toriious injury to, any of tha property henby eacumbered ue henby au~ned and stnll be p~yabk unto second puty for appliation, Jter paymeat therefrom of attorney's fe~ and expeases incurred by fint puty aad by ~eoond puty in ooanectioa therewith. on wch part of the indabtedness ~ecured henby as ~nd party may determine, ~vith no duty vn seoond puty to callect same. - 14. Fir:t party ~ra~ u a coadition hereof that alI oblig,~ttans. sssignmenb, nlesses of nal property and/a personal ~ ljab~ity, ramortizstiw~, renerrals~ deferments, exteasioas er any other agceemeat, in writing, made by my ooe a~ mon of } the putias henin de~nated as fir:t puty with ~eeond puty an henby suthoriud and conseated to by sl! parties henin ~ daignated as tir:t puty and sh~il extead to md be binding upon the heirs. executors, administnton. sucoa:ors aad assig,ns of ali the putia heretu desiEnated u fust pzrty. 1 S. ~ F'ust pzrty s~cas ~ a oondition bercof that if a conveyanoe, lase or other dispo~sition ~ould be msde v~oluntu~7y by fint puty (or by any one or more of the puties designsted herein u Cust puty) of any titk or intcrest in and to tl~e rql pcoperty descn~ed above. or any paut thereof, without the written oonsent of the lawful holder of this mortg~e, ~ a if wch tiUe a iatec~est of f~rst puty (or og any one or more of the Partia dai~nated herain as fir~ puty) is im~oluntarily ' eanveyed o~ trauderred as the rault of faeclown of a junior lien a is required under oourt order or docra is the result of litigstion (oonveyaaa or tran:t~r of titl~ a urf~etat raulting from death of fiirn puty, or any of tht -first putia, if more. ; than one, wca~ad}, ~rithout the written eoasent of the laaful holder of this mortg,~ge. then and in cither of said events, and ` at the optbn of ~id hol~er, ued ~?ithout notia to the first party, all wau of money sa~ued hereby shall beoome due and ~ P~Y~k and ia dafiult ~diately and oonc~urently with such oonveyancx. transfet, kase or other dispcnition, whetha tha ~ ~ame an w due aud payabk and 'm de[sult b the.s~ecitic terms hereof or not. ~ I6. Seoond puty shaD hav~e the rig~it, exercbtMe at it: discretion w bng u this moctgage is in faa and et'fect, to ~ ~ in writins ihe as~oment of and transfsc.Lo xcond puty, ita sucassor: and auigns, and tirn puty hereby agcas to so auigp and transfer, any and aM reats, proGts. royahi~, inoome or other con~dentioa to be pud or accruing to firu party ~ from any o~, mtunl ps. minenl, timbec, iea~e6otd or other iaterest of any kiad md naiure whst~oever, derivod from, . eoanected with or affecting the ~rithin deacr~bed real ~operty but not otherwise subject to, voaveyed and/or secured by this ~ mo:t~e, with the right of, but no duty upon, sxond puty, its wccessors a assigns, to collect same. ~ l7. Fi~st party arill oomply with all the termt and, conditions of any instrument i?aetoforc or hereafter executed by - ; firac Qany in connecc;oa with the ~oan(:) securat by ehis mortga~qe. ~ 18. If fust pury (or either of ihem, if more t6an one)~ his heus, wccusors or assigns, or any aswmer of the iadebtedness heteby secured, fila a petition in votuntuy bankruptry. for receivership, for corporate reorg,~nization, or for ' other debtor relief of any chuacter or kind, or is adjudged a bankrupt, then and in the event, and at the optbn of the secored . puty, its woas~ars md a~, the seoond party, aithout notia to tAe fint puty, shall have the right to declue all sums of - money ucured te~reby i~nmediately due and pryable and in default whether the same ue so due and payabk and in default ~ by the specific ternn hereof or not. ' ~ 19. 'Iliis in:trument is subjoct to the Fum Cndit Act of 1971.and ail acts unendatary thereof and suppleinentary _ ~ thereto, sad regulations iswed thereunder. All rights, powers, piivikges, options and remedies conferred upon and givea to _ second puty an cum~lative of all other nmedies and rights allowed by law, and may be pursued concucrenUy, and shall extend to and. may be exaci~ed and enjoyed by the wccessors and assigns of second party, and by any agcnt, offiar, attorney or npn~entatire of ~econd puty, its succxs~ors or assigns. All obGgations of, and assi~nmenta by, fuat puty herein ~ and hereunder thall extend to and be binding upon the heirs, executws, administrators, wcceuors, and aasi~~: of first puty. Iri- WiTNESS WHEREOF, first puty has hereunto set hia hand and seal (and if tust puty is or indudes a corpontioa, it has puxd this instrument to be executed, seakd by its corporate seal and delivered by ita duly authorized offioea)~ thi: the day ued year fust above written. - ~ Signed, Seakd and Deliwaed • i in the ~ena of: G. RUSSAKIS ~5~~ , ~ (SEAL) ' . ~ ~ : ' a/k/a M RUSSAKIS «L~ ~ ~S~) i ~ , ~e. ~ ~c - :Q c:1',-~ ~ (Sg.AI,) SHEII~F. RUSSAKIS ; (SEAL) ~ • ~ (SEAL) I ' @~ ( s.'t ~ PA~ ~ i ~ ~ ~