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Home My WebLink About0455 i - . _ _ l - ~ _ • _ growing u n the mid mort _ l , t . ~ po p8ed pranises at the time of air fot foredoaue hereof and thereafter, and aA of the rents, issues, and ptoRb of the mid tnort~ed pretruses unpaid and unoollectad at the time of Rung suit for foreclosure hereof and therefter, and upon tfling suit for` ore , or at say time theretter, second party shall be entitled to have s rcaiver appointed to take durge of the mid mortgage premises and the crops sown or growing thereon, together with the said rent:, issues, and proRb arising therefrom and hereby assigned, and hold the mma subject to the order and direction of the vourt. !0. First party oovenanb that he will not perform airy act which might impair of tend to impair the continuation on the Inopetty harem described of all crop allotments and acreage allotments now esbblished or hereafter esbbllshed on any of the property herein described. _ I1(a). Ia the avant second patty beoorne a poly to any legal proceeding (exduding an action to foreclose this mortgagee or to collect the debt hereby secured), involving this mortgage or the. premises described herein {including but not limited to the tltle to the Lands described above), second party may also recover of first party all cost: and expense: resonably incurred by the mortgagee, inducting a reasotubk attorneys fee, which costs, expense and attorney's fee when paid by second putt' shall become a put of the debt secured hereby and shall be immediately payable upon demand, and shall draw interest rom the date of sdvance by second party until paid at the highest me provided in any note or other instrument secured hereby. _ - 11(b). lQ the ev+eni mid debt, or any put thereof, is esbblished by or in any action for foredosute of this mortgage, second party may also reoov~er of Rrst partyr, ie addition to the said debt or so much thereof a: shall be unpaid, a raasonabk fce for the attorney of second party for profeaional servke rendered in such action; ach fee to be incorporated in the decree of foredosure in such action. 12. Fins party shall hold and enjoy the said premises until default in payment of any of the instaWneab as provided in mid note or other instrument secured hereby or a breach of any of the covcnanb or ooaditions of mid note or other instrument secured hereby or this mortgage du~il be made; however, any agent ~ employee of second poly or an rson designated by second poly may enter upoa said premise at any time for the purpose of irupecting same or for say other pwpose desired by second party. 13. All amounb that may hereafter be awuded for condemnation of, and waste and tort;ou: injury to, any of the property herby encumbered ue hereby assigned and shall be payable unto second party for application, after payment therefrom of attorney': fees and expense incurred by first poly and by second party in connection therewith, on such part of the indebtedness segued hereby as ~eoond poly may determine, with no duty on second party to collect same. - 14. Firs party agrees as a condition hereof that all obligations, assignmenb, release of real property and/or personal liability, rearaortizations, renewa4, defermeab, exteniioru or any other agreement, in writing, made by any one or more of the parties hareirt designated as fast poly with second poly ue hereby authorized and consented to by all parties herein odfe ~ ~ as fast poly and :,ball extend to and be binding upon the heirs, executor, administrators, sucoetwrs and a:si~~s parties herein designated as lust party. 15. First-party agrees as a oonditioa hereof that if a conveyance, lease or other dispo~tion should be made volwttsrity by fast putt' (or by any one a more of the polies designated herein as fast party) of any title or interest. in and - to the ral property descn'bed above, or any part thereof, without the written consent of the lawful holder of this mottgpgc, at if such title or interest of fast party (or of anyone or more of the parties designated herein ss fast putt') is involuntatity conveyed or transferred as the result of foredosure of a junior lien or is required undo court order or decree a: the result of litigation (conveyance or transfer of title or intsiet resulting from death of lust party, or any of the fast polies, if more than one, excepted), without the written consent of the lawful holder of this mortgage, then and in either of said events, and ~ at the option of mid holder, and without notice to the fast putt', all sums of money secured hereby shall become due and payable and in default immediately and concurrently with such oonveyanoe, transfer, kale or other disposition, whether the - same are so due sad payable and in default by the specific terms hereof or not. - I' 16. Second poly mull have the right, exercisable at its discretion so long u this mortgage is in force and effect, to I~ demand in writing the as:igr?ment of and transfer to second party, its successors and assigns, and fuzt party hereby agrees to - i~ so sssign and transfer, any and ale rents,. profrts, royalties, income or other consideration to be paid or accrui~ to fast poly ~ from any or7, natural gas, mineral, timber, leasehold or other interest of any kind and. nature whatsoever, derived from, connected with or affecting the within described real property but-not otherwise subject to, conveyed and/or secured by this - mortgsge,with the right of, but no duty upon, second party, its successors or assigns, to vaUect same. ~ 17. First poly will comply with all the terms and conditions of any instrument heretofore or hereafter executed by first poly in connection with the loan(s) secured by the mortgage. 18. A default under this instrument or under any other instrument heretofore or hereafter executed by first ll party to second party shall at the option of second party constitute a default under any one or more or alt instruments it executed by first party to second party. i9. If lust putt' (or either of them, ff more than one), his heirs, successors or assigns, or any assumer of the indebtedness hereby secured, files a petition in voluntary bankruptry, 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 notiu to the first putt', shall have the right to declue all sums of jj Haney secured hereby inunediatdy due and payable u~d in default whether the same are so due and payable and in default by the ~ecific terms hereof or not. 20. This instrument is subject to the Farm Credit Act of 1971.and all acts amendatory thereof and aipplernentary thereto, and regulations issued. thereunder. All rights, powers, privileges, options and remedies conferred upon and gn?en to second party are cumulative of all -other remedies and rights allowed by law, and may be pursued concurrently, 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 poly, its succxssors or assigns. All obligations of. and assignments by, fast party herein _ and hereunder shall extend to and be binding upon the heirs, executors, admi,~istrators, successors, and assigns of first party. IN WITNESS WHEREOF, fast party has hereunto set his hand and seal (and if first party is or indudes a corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized officers), this the day and year fast above written. _ _ - Signed,Sealed and Delivered _ in the presence of: ; ~ ~ G- - _ ~ (sEAL) G. Russaki Sheila Russakis v F ~ r s t E (Srwflj.) x BUCK 7 PAGE (SEAL) 455