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HomeMy WebLinkAbout0297 ~ j. i-- tl I • growing upon the said mortgaged premises at the time of filing suit iw foreclosure hereof and thereafter, and all of the rents, iuues. and profit: of the said mortgaged pprremises unpaid and uncollected at the time of filing suit for foreclosure hereof and thereafter, and upon filing wit for fwecbsute, or at any time thereafter, second party shall be entitled to have a receiver appointed to Uke chuge of the said mortgage premises and the crops sown or growing thereon, together with the said rents, i issues. snd profits arising ihereGom and hereby asugned, and hold the same wbject to the order and direction of the court. 10. First poly covenants that he will not perform any act which might impair or tend to impair the continuation on the property herein described of all crop allotments and acreage allotments now established or hereafter established on any of the property herein described. lt(a). In the event second psriy becomes a poly to any legal proceeding (excluding an action to foreclose this mortgage or to collect the debt hereby secured), involving this mortgage or the premises described herein (including but not !I limited to the title to the lands described above), saoond poly may also recover of first patty all costs and expenses reasonably incurred by the mortgagee, induding a reasonable attorney': fee, which costs, expenses and attorney's fee when paid by second poly shall become a put of the debt secured hereby and shall be immediately payable upon demand, and shall draw interest from the date of advance by second poly until paid at the highest rate provided in any note or other instrument secwed hereby. 'i 11(b). in the event said debt, or any put thereof, is established by or in any action for foreclosure of this mortgage, ~ second poly may also reoovet of fast guty, in addition to the said debt or so much thereof as shall be unpaid, a reasonable fee for the attorney of second patty for professional service: rendered in such action, such fee to be incorporated in the decree of foredowre in wch action. ' 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as provided in said note or other instrument secured hereby or a breach of any of the covenants or conditions of said note or other instrument secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person designated by second puty may enter upon said premises at any time for the purpose of inspecting same or for any other purposes desired by second party. l3. All amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the property hereby encumbered ire hereby assigned and shall be payable unto second party for application, after payment therefrom of attorney's fees and expenses incurred by fast party and by second party in connection therewith, on wch put of the indebtedness secwed heeyby as second party may determine, with no duty on second puty to collect same. 14. First poly agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal ! liability, reamortizations, renewals, determents, extensions or any other ,agceemcnt, in writing, made by any one or more of the parties herein designated as first poly with second party ire hereby authorized and consented to by all parties herein i designated as fast party and shall extend to and be binding upon the heir, executors, administrators, successors and assigns of all the parties herein designated as first poly. i 15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made voluntarily by fast poly (or by any one or more of the polies designated herein as first party) of any title or interest in and 1 to the real property described above, or any part thereof, without the written consent of the lawful holder of this mortgage, or if such title w interest of fast poly (w of any one or more of the parties designated herein as fast poly) is involuntuily I~ conveyed or transferred as the result of fwedoawe of a junior lien or is required under court order or decree as the result of litigation (conveyance or transfer of title or interest recalling from death of fast party, or any of the fast parties, if more that one, excepted), without the written consent of the lawful holder of this mortgage, then and in either of said events, and S at the option of said holder, and without notice to the Cost poly, all sums of money secured hereby shall bernme due and payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the i~ same ire so due and payable and in default by the specific terms hereof or not. 16. Second puty shall have the right, exercisable at its discretion so long as this mortgage is in force and effect, to i) demand in writing the assignment of and transfer to second party, its successors and assigns, and fast poly hereby agrees to ' so assign and transfer, any and all rents, profits. royalties, income or other consideration to be paid or accruing to fast party from any oil, natural gas, mineral, timber,- leasehold or other interest of any kind and nature whatsoever, derived from, connected with or affecting the within descrbed real property but not otherwise subject to, conveyed and/or secured by this i~ mortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect. same. 17. First party will comply with all the terms and conditions of any instrument heretofors or hereafter executed by first putt' in connection with the loan(s) secured by this mortgage. 18. A default under this instrument or under any other instrument heretofore or hereafter executed by first party to second party shall at the option of second party constitute a default under any one or more or ail instruments executed by first party to second party. 19. If Cirri party (or either of them, if more than one), his heirs, successors or assigns, or any assumer of the indebtedness hereby secured, files a petition in voluntary bankruptcy, 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 putt', its successors and assigns, the second party, without notice to the first party, shall have the right to declare all sums of money secured hereby immediately due and payable and in default whether the same are so due and payable and in default !f by the specific terms hereof or not. 20. This instrument is subject to the Farm Credit Act of 1971 and all acts amendatory thereof and supplementary thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to ~ second party are cumulative of all other remedies and rights allowed by law, and may be pursued concurrently. and shall I~ extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, officer, ~ attorney of representative of second party, its successors or assigns. All obligations of, and assignments by, first party herein j~ and hereunder shall extend to and be binding upon the heirs, executors, administrators. successors, and assigns of fast party. W WITNESS WHEREOF. fast party has hereunto set his hand and seal (and if lust party is or includes 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. i. Signed, Sealed and Delivered in the presence of: ~ (SEAL) j Charles T. Coo er ,/i P ,~.1~C~_c ~ ~i~z,.«, Gam, (SEAL) (SEAL) , milt' I. C er (SEAL) (SEAL) I i ~o~ 323 ~~~E 297 (SEAL,