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growing upon the said mortgaged premises at the time of filing salt for fdreQbture hereof and {hereafter, and all of the rent:,
! issues, and profits of the said mortgaged pprremises unpaid and uncollected at the time of tiling suit for foreclosure hereof and
therafter, snd upon filing suit for forecloswe, or at any time thereafter, second party shall be entitled to have a receiver
appointed to take charge of the said mortgage premises and the crops sown or growing thereon, together with the said rents,
issues, and profits wising therefrom and hereity assigned, and hold the same subject to the order and direction of the court.
10. First puty covenants that he wrl~ not perform any act which might impair or tend to irrip~air the continuation on
tha property herein described of all crop sllotment: and acreage allotments now established or hereafter established on any of
the property herein described.
11(a). In the event second party becomes a party to any legal proceeding (excluding an action to foreclose this
mortgage or to collect the debt hereby secwed), involving this mortgage or the premise: described herein (including but not
limited to the title to the lands described above), second party may also recover of furi party all costs and expenses
reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costa, expenses and attorney's fee when
paid by second putt' shall become a part of the debt secwed hereby and shall be immediately payable upon demand, and
shall draw interest from the date of advance by second party untt~ paid at the highest rate provided in any note or other
instrument secured hereby.
I1(b). in the event said debt, or any part thereof, is established by or in my action for foreclosure of this mortgage,
~ second putt' may also recover of fast putt', in addition to the said debt or so much thereof a: shall be unpaid, a reasonable
fee for the attorney of second party for professior?al services rendered in such action, such fee to be incorporated in the
V decree of foreclosure in such action.
12. First poly shall hold and enjoy the said premises until default in payment of any of the installment: as provided
in said note or other instrument secured hereby or a breach of any of the covenants of conditions of said note or other
instrument sawed 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
pwposes desired by second poly.
!I 13. All amounts that may hereafter be awarded for condemnation of, and wastes and tortious injury to, any of the
property hereby encumbered zee hereby assigned and :hall be payable unto second putt' for application, after payment
therefrom of attorney's fees and expenses incurnd by first poly and by second party in connection therewith, on wch part
'I of the indebtedness secured hereby as second party may determine, with no duty on second puty to collect same.
14. First party agrees as a condition hereof that all obliBetiorts, assignments, releases of real property and/or personal
j` liability, ramortizations, renewals, deferments, extensions or any other agreement, in writing, made by any one or more of
the polies herein designated as fuze puty with second party zee hereby authorized and consented to by all parties herein
designated a: furi party and shall extend to and be binding upon the heirs, executors, administrators, successor and assigns
fall the parties herein designated as fast puty.
II 1 S. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made
i~. f~ wttarily by first party (or by any one or more of the parties designated herein as furi party) of any title or interest in and
/ x, to the real property described above, or any pert thereof, without the written consent of the lawful holder of this mortgage,
' ~,`~(,~or if such title or intereri of furi putt' (or of any one or more of the pubes designated herein as furi puty) is involuntarily
conveyed or transferred u the result of foredoswe of a junior lien or is required under nowt order or decree a the result of
litigation (ooaveyance or transfer of title of interest resulting from death of lust party, or any of the fast puties, if more .
ii ~tvn nne_ ezantedl_ without the written consent of the lawful holder of this mortgage. then and in either of acid events, and
at the option of said holder, and without notice to the furi puty, all sums of money secured hereby shall become due and
!i payable and in default immediately and concwrently with such conveyance, transfer, lease of other disposition, whether the
same zee so due and payable and in default byy.~the spec terms hereof or not.
16. Second puty shall have the right, exercrsable at its discretion so long as this mortgage is in force and effect, to
demand in writing the assignment of and transfer to second poly, its successors and assigns, and furi putt' hereby agrees to
so astigrt and transfer, any and all rents, profits, royalties, income or other consideration to be paid or accruing to furi ~uly
from any oU, natural gu, mineral, timber, leasehold or other interest of any kind and nature whatsoever, derived rom,
' connected with or affecting the .within descrbed real property but not otherwise subject to, conveyed and/or secured by this
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 heretofore or hereafter executed by
!i first poly in connection with the loan(s) secwed 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 all instruments
executed by first party to second party.
19. If furi putt' (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 cluracter or kind, or is adjudged a bankrupt, then and in the event, and at the option of the second
puty, its successors and assigns, the second party, without notice to the fast party, shall have the right to declue all sums of
money secured hereby immediately due and payable and in default whether the same are so due and payable and in default
by the specific terms hereof or not.
' 20. This instrument is subject to the Fum 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
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 putt', its successors or assigns. All obligations of, and assignments by, fast putt' herein
and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of furi party.
W WITNESS WI~REOF, first putt' has hereunto set his hand and sea! (and if lust 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 furi above written.
k
Signed, Sealed and Delivered
in presence of:
~ J (SEAL)
William H. West I
. (SEAL)
~l"~ r =s~~-,~ (SEAL)
Nancy West/
(SEAL) I
~i
I
(SEAL)
' (SEAL)
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