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Home My WebLink About0945 ! j; i - - - _ , - - , i i i ' growing upon ihe said mottgagtd pre~ at the tune o[ fJing suit fur forecloaure hereof and thereafter, and all of the rents, ~ ~ issues, and proGt: of the uid mortpged qertusa unpvid and uncollected at the time ot filing suit for Coreciusure hereuf and ` thereafter, and upon P~ling suit for forecbwre, or st any time thereafter, second patty shall be entitled to have a receiver i appointed to take charge of the said mortg~ge prcr~nses and the aops sown or growing thereon. together with the said rents. ~ issues, and profits arising therefrom and hcreby assigesed, and hold the same wbject to the order and direction of the court. ~ !0. First puty oov~enants that he will not pedorm any act wk~ch might impair or tend to impair the continuation on ! the property herein described of all aop a!lotmenis and xreage allotments now established or hereafter established un any of ; the property herein dacribed. ' 11(a). In the eMent second puty becomes a pufy to any kgal proceeding (excluding an action to foreclose this ' mortgage or to collect the debt hereby ~ecured), invdring this mortg~ge or the premises described herein (including but not ~ limited to the title to the lands described abovr), seoond party may also recover of first party all costs and expenses reawnably incuned by the mortgaga, induding a c~asonabk attaney's fee, which costs. expenses and attorney's fee when paid by second puty shall become a part of the debt secured hereby and shall be immediately payable upon demand, and + stull draw interest from the date of advana by second puty uaeil p:id st the highest rate provided in any note or other ; instrument secured hereby. 11(b). In the evrnt said debt, or any put thereof, a established by or in any action for [oreclosure of this mortgage, ; second party may also recovier of fustpa rty. in addition to the said debt or so much theeeof as shaU be unpaid, a reasonable ~ Cee for the attomey of second parry for professional servica re~dered in such action, wch tee to be incorporated in the decree of foreclosure in such action. 12. First puty shall hold and enjoy ttx said pre~ses unW default in payment of any of the installments as provided in said note or other inrirument secured hereby or a brach of any of the corenants or oonditions of said note or other instrument secured hereby or this mortgag~ shaU be made; however, any agent w employee of second party or any person ' 'i designated by second puty may enter upon said pcemisa at my tirne for the pucpose of uupecting same or for any other purposes desired by second party. ! 13. All amounts that may hereafter be a.vuded for coademnation of, and waste and tortious injury to, any of the ' propetty hereby encumbered ue hereby asse~ed and stsai! be payabk unto second party for appGcation, after payment ~ therefrom of attomey's fees and expensa incurred by fust puty and by second party in connection therewith, on auch pazt f of the indebtedness secured hercby u second party rmy deternane, vrith no duty on second Qarty to collect same. ; 14. First party agrees u a condition heroof that a0 obligations, assignments, rcleaxs of real properry and/or personal ! , liability. reamortizations, renevrals. defern~ents, exteosions or my other agreement, in writing, made by any one or more of ~ thc parties herein designated u first party ~vith seoond puty ue tureby authorizcd and cansented to by all parties herein designated as fust puty and shaU extead to and be binding upon the 6ein, executors, administrators. successors and assigns ~ of all the parties herein designated u fira puty. ' 15. First pury agr~es as a condition hereof that if a conv~eyance, fuse or other disposition should be made voluntarily by fust puty (or by any oae a morc of t6e parties designated herein as fust party) of any title or interost in and to the real property desrn'bed above, or any part tlx~eof, witlwut the vrritten rnnsent of the lawful holder of this mortgage. ' or if such titk or interest of fust puty (a of aay ooe or more of the puties designated herein as fust party) is involuntarily ~ oonveyed or transfened u the result of faeciowre of a junior lien a is required under court order or decree as the result of litig,ation (conveyana or transfer of titk or interest resultir~ from death of first party, or any of the fust parties, if more ~ than one, exapted), without the w?ritten oonsent of the iaafui hoider of this mortgage, ttren and in either of said events, and ( at the option of said holdsr, and ~witbout aotia to the fgst party, ail sunu of money secured hereby shall become due and • payable and in default immed"ntety and rnanurrntip w?ith such cooveyance, transfer, lease or other disposition, whether the j~ ~ rime ue so due and payable and in detault by the spedfic ternu hereof or not. € 16. Second puty shall have the ri~ht, eurciabk at iu discretion so long u this mortgage is in force and effect, to demand in writing the assignment of a~ tra9sla to ~eoond puty, its successors and assigns, and fust puty hereby agrees to ~ so ass~gn u?d transfer, any and aD rents~ ptofits, royalties, income ot other consideration to be paid or aceruing to first party ~ from any oil, natural gas. minersl, timber, iea~ehold or otl~er interest of any kind and nature whatsoever, derived from, i+ oonnected with or affecting the wethin bescnbed rnl property but not otherwix subject to, conveyed and/or secured by this ~ ' mortgage, with the right of. but no duty upoa. seoond party, iu successors or usigns, to collect same. ~ 17. First puty wiU co~?ly with ai the tecros and oonditions of any instrument heretofore or hereafter executed by ~ ~ first puty in connection with the loan(s) ~ed by this mort~e. ! a 18. If fust puty (or either of th~m, d more than ane), his he'us, successors or assigns, or any assumer of the I i indebtedness heceby secured, fdes a petition in vuluatary banlu~ptcy, for rcceivcrship, for corporate reorganization, or for ( ~ other debtor relief of any chuacter or kind, or ~ sdju~ a bankrupt, then and in the event, and at the option of the ucond ~ party, its ~ccessors and auigns, the seoond putr..rithout ootice to the fust party, shall have the right to declare all sums af ~ money secured hereby unmediately due and Qayabk and in default whettxr the same are so due and payable and in default ; by the specific ter~m hereof or not_ ,I ~ 19. This inswment is subject to the Farm Credit Act of 1971 and all acts-amendatory thereof and supplementary ~ thereto, and regulations iswed thereunde:. All rights, powrers, prmle~es, options and remedies conferred upon and given to I xcond puty~ are cumulative of aU other remedies and nghts allowed by hw, and may be pursued concurrently, and shall ~ ~ extrnd to and may be exerci~ed and enjoyed by the suc_essors and assigns ot second party, and by any agent, offiar, E ~ attorney or representative of seoond party, iu ~ctts~ors or asagns. All obLgations of, and assignments by, first party herein ! ~ and hereunder shall extend to and be binding upoa the hein, executors. administrators. successors, and assigns of furi party. i ~ IN WI'I'NESS VVHEREOF, first puty hu txrcunto xt his -hand and xal (and if first party is or includes a ~ corpontion, it haa caused this inrirument to be execute~, seakd by its corporate seal and delivered by its duly authorized j~ ~ officers), this the day and year fust above written. ~ ~ ~i ~ il Signed, Se~led and Delivered ^ % in the pre~ena of j~, j (SEAL) ~ ~ A.MES G. ~ RUSSAKIS ~ ~ ~ ~ (sEwL) i ` j ~~~i , I'~ ; /t / (S~AL) ~ ;3 S[-~ILA F. RUSSAKIS~ ~ (SEAL) ~ ~ ~ (SEAL) ~ ~ ti (SEAL) ~ _ ~ , L R Q(~ ` (SEAL) ~ EOOR ~C)l) PAGE 9~ ~ _ ~ _ - - ~ _ i . . - ' - ..1;,~ _ . _ . `F. . . . . . _ ~ ~ t r' . . . . . . , . . . . . . - , v~-- _