The URL can be used to link to this page

Home My WebLink About0864 , note terured lxceb~ oa the printipal thereoE aftet defsult aud mituriq, aad an~ such sums so paid w?ith interest thereon shall cautitute a lien upon said premises and be securcd bp this mortg ge md in default of iRUncdiite repzyrnent tfiercof b~ the a~~tgagor afta danand, the ~rhok indebtedness secvred herebp slull at the option of the mortgagee become due and pa~able fo~thw?ith ~rithout notice. rTINTN: 'tltit as fucther security for the payment of uid indebtedness and the perfornu~ce of all of the terms, covenants and conditions hercof~ d~e mortgagor does hereby mortgage. transfer, set over, au~gn and pledge to the mortga~ee the lasoi s iaterat and atate in al! Itases. ~ncludin$ but not limitcd to gas, al and minenl leases. no~r or hereafta affahng d~e u;d p~;~ oc a~r p~c c~KOr. and all rents. issua. income. pro6ts. royaltia and bonuses due and to baome due there- under. aad in the event of a default under any of the terms. covrnants and conditio~s of this mortgage the modgaga ~s herrby iuthorized and empo~rered to rnllect and receive al! soch rents, issua. ineome. profits. royaltia and bonuses due and to bccome due and to apply the same agaiast uid indebtedness. So long, howreva, as there shall be no default hereunder the mortgagor shall have the right to mllect and crceive any and all such rents. issaes. income. pro6ts. royalNa and bonuses u they rapatively beeome duc and payable, and !o use the same ~vithout accounting to the mortgagee therefor. TEN'PE~: -'1Lat as fartfier secvrityr for the payrment of said indebtedness and tl~e performance of all of the temns, covrnanb and couditions hereof the mortgagor doa hereby mortgage, truufer. set over. usign and pledge unto the mortgagce all citnu and other crops na~v gro~?inR and heceafter growm on said premises, herebp giving and grantinq unto the mort/~agee a first and prior lien tl~ereon, prov~dcd, howrever, that such lirn shall be and is heceby exprasly nude snb~cct and subordinate to ano ccop mortgage covering any citnu crops which corx into rxistence br bioom prior to forecbwre ule u provided by this mortgagc or any annual crops planted pnor to said foralosure ule, thc provisions of paragraph Etevrnth hereof not- w~thswiding. Any such crop moitgage shall not however be a lirn prior to this mortgage on any atnu crop coming into being by bloan subaequrnt to said foreclosure sale. or on any annual crop planted subxquent to said focalosure sale. ELEVEIV'I'f~: '17~at the mocigagee maq releue for such considention. or none. u it may requice. any portion of the above described land writhout, u to the temainder of the security, in anywise impairing or aifecting the lirns and prioritia herein provided for the modgagee compared to any subordinate lienholda. TWELFTH: '11~e net proceeds of anv judgment, awud or settlement in any condemnation or other procerdin~ for ; any damaqt to the premises. buildings or other f»ctures thereon shall be paid to the mortgagee and shall at its option. nther b~ appUed u a crcdit on an~ portion of ti~e unpaid balance of the note secured h~reby, whether then matured or to mature in the tuture, or be released to moctgagor. THIRTEF~V~i: 'I'hat if the mortgagor shall default in the perforrtunce of any of the covmants or agreetnents herein . contained, or if an o~voer of said pmnisa shali 61e a petition seeking an arcanqement or composition or cxtrns~on or any ; other telief under or pucsoant to the Federal Bankruptcy Act or any other similu statute u now or hereifter in e(fert, or ~ shall be adjudicated bankcupt or insolvent oc anv of his prup~rt~ shall have been sequatered and such decree shal! have ~ rnntinued undischuged and wuta'ed fot ninety days after the entry thereof, the rntire indebtednas hereby senired, includ- E ing all payments for tua, usesunents, insurance premiums, lirns, attorntys' fea and acpenses herein speci6ed, shall, at the f option of the mortgagcr. and writho~t notice to the morttSa~qor, be dae and collectible at once by foreclosure or othenvise: ~ and, except u to.propetty whete such ~rovision is prohibited bq law. upon commrncemrnt of any fonrlosuce or at any time ~ thereafter the moriqagee, u a matter of right, without consideration of the value of the premises, or whcther the property ~ is probably insuffiarnt to discharRe the mortgage debt or is in danger of b~inR lost or removed or injured, aqd irrespe~ct~ve ~ of the solve~xy or insolvrncv of the mortgaRor or the thrn owner of uid premixs, and without notice to tfie mort~taqor or any person daimiaR under him, shall be rntitled at onc~ to ihe appointmrnt of a raeiver for uid premises, to collect the tents, ~siua and proC~ts therefrom during the pendrncy of such foralosure, and the proceeds of said roceivership shzll be applied M+ said receiver townrd the payrnent of the indebtedness secured bv this mortRage, or toward the payment of sud~ pact of the judqment rendered theceon u mav remain unsatisfied after the sale of said premisa, or to repay to the moctqagee any advancemrnts ~rhich uid mortgagee may make after the cornmencement of foreclosurc ufion for tua, assessmrnts. insurance or otha chsrRa u herein provided, toRether with interest thereon at the same nte u speci6ed in sud note secured hereby on the principal thereof after default and maturihr, and from the proceeds of uid receivership said receiver may make necasary repaia and keep said premises in proper condition and repair prndinR such sale, and pay all taxa and assesunrnts ~ ucnud or acctuinq or redeem from sala thercfor and pav insurance prem~ums necessary to keep uid premises insured in ucordance ~vith the provisions of this mortgage, and pay other proper charges u herein provided, and pay the txprnse of v ~ the receivenhip. FOURTEENTH: In case this mortgaRe be foreclosed by a suit in equity and the mortqaged premises be sold to satisfy ~ a daree of foreclosute, the proceeds of such sale sh~ll be applied u follows: First. to the exornxs incurred hereunder; second, to a reasonabk attomev's fee for such servica u m~y be naessary for the collation of said indebtedness and the ~s forcclosure of this mortgaRe; third, to the payment of whztever sum or sums the mort~agce may have pzid or become ~ ~ liable to pay in carrying out the terms and stipulations of this mortqage, toqether with interest thercon: and 6nally to the ~ payment and satisfaction of said note_ 'il~e balance, if any, shall, unl~ss the Court daree othenvise, be paid into the ngisiry - of the Court having jurisdiction of said forcrlosure suit, to abide the further order of uid Court. ~ FIFI'EENTH: 'That the mortgaqor is la~vfully xized of said premises in fee simple and hu Rood ri~ht and lawful authority to sell and conveq the same, that the same ue free from encumbranca except u afoersaid, that it shall be lawful for ~ the moctgagee at a11 times. peacubly and quietlo to rnter upon. hold, oavpy aAd rnjoy said premises and everv part thereof, r' that the moctRagor ~vill acecute or procure anv further naasary assuranca of title and doa hereby foreva warrant qrnenllv ~ the Eitk to said pranisa aad wrill forever defrnd the same zqa~nst the daims and demands of all persons whomsoever, and w, the mortgagor and ihe makers of said note apecially aqree and declue ?hat the separate estate of each of them, whether veste~d, ~ contin~ent or in ezpectancv, is hereby conveyed and shal) be bound for the pivmrnt of the debt hereby savred and euh does ~ haeby expressly waive. release and relinquish all rights and benebts of any homestad, appnisement. tuemution or star to wrhich t5ey may be rntitkd under the lawn of the state in w~hich said premises are sihute, together with all dower or cuctay rights, and all interats and estata, statutory and othecwise and of every naturc whatsoever m and to said premises. ~ $TKT'EEN1'H: 'I1~at the Riving of wrrittrn notia addressed to the ownea of record of said premisa or addressed to ~ tbe ssid o~raers at their last addras actuallr furnished to the mortgagee, or addressed to the o.vnca at said pranisa, and ~ BOOK 201 PACE C~~ ~ _ ~ ~a~