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Home My WebLink About1704 ~ro~ upo~a tM ssld mortgaged premesa at the tbae of Ming tacit fa fotedowre hereof and theteafter, and all of the rents, braes. and pto8b of tht aid o prendaea uppiLd and uncollected at the tLua of tiling suit fa foncbwrs hereof and thereafter, and upod blind suit for , or at say time therafter, seootd putt shall ba entitled to have a receiver appointed to take diar~e of the said ntortpp premises and the sops sawn or 6rowu~ thereon. togt:ther with tl?e said ants, islets„ sad protlts atitla~g therefrom and assisted, and hold the same subject to the adsr snd direction of the court. l0. Fiat poly covenants that not perform any act whech freight Impair or tend to impair the oontinuatiou on the pcopesty hsreln described of a!i sop allotments and acreage allotrn+~sEl: sow e:tablidted or hereafter estabiidted on say of the property herein datxibed. _ - ll(a). In the event second poly bacortres a poly to any legal prooeeditsg (exdutlii?g an :txion to foreclae fhb ntort~e or to collect the debt hereby seasred), involving thb mortgt~e or the pretaisa desaibed herein (including but not eimited to the title to the leads described abov~s), seooad party may also recover of tint party all coats and expenses reasonably ittcwred by the mortgagee, induding a reasonable attocaey~s fee, which coats, expenses sad attorney': fee whoa paid by resold poly shall become a part of the debt sacv-,d hereby and shall be immediately payable upon demand, and shall draw Interest tom the data of advance by second party until peed at the highest rate provided in any ,sots or other instrument secured hereby.. li(b). Ice the went said debt, a any put thereof, b rrtablbtted by or in any sctiea for focecdoasre of this moctpge, second party relay abo recover of flirt party, 3.:addttbn to the aid debt a so much thereof as si~aU be unpaid. s reasonable fee for the attotaey a[ second party far prafadond services- rendered k such atalon. suds fee to be incorporated in the decree of fondoasre is such action. 12. First pity shall hold and ea the said premisues untd default in payment of any of the iastallmenu s: provided is aid Hats or oilier lastrument >t~aae~ hereby a a brash of any of the oovvasnt: a oonditiors of said Hots a Mho iastrurneat secured hereby oc fhb mo; tgaga shag be made; however, asy agent or employe of second party or .any person designated by second poly may enter upon said premise: at any limo for the purpose of inspecting :ante or far aey other ~ desered b setxud _ ~l~ AU amount: the ~y hereaY".s: be awarded for ooademnation of; and warts and tortious injury to, any of the property hereby ettcx~beted are hereby assigned and :hall be payable unto second party fa applitxtion, after payment therefran of attorney's fee and expesfse: incurred by first party and by second party in oonrtection therewith, oa such part of the indebtcdnea sectued hereby as second party may detatttine, with no duty oa second poly to collect same. _ 14. Finn party agrees ss a condition hereof that all obligation:; assigsstnent:, rekssa of real and/or panotsal liability. reamottizatiotts, renewals, deferments, extensions or any other agreement. in writing, may ores or more of the partite hertiu designated as flirt poly with second party are herby authorir~ed and cottsentcd to by all parties herein dated ss fast party and deli extend to and tic binding upon the heirs, executor:, admiaisttaton, successors and sssigta of ail the polies herein designated a: fiat party. 1 S. Fiat patty ogress as a condition hereof that if a conveyance; lease or other disposition should be made wluntatily by first putt (or by my one a more ofd ~ da~ated herein as first party) of any title or intact in and . to the real property destxtbed above, or any ppe~rrtt , without the written oonsait of the lawful-holder of thi: mortgage, a if suds title a interest of fast party (or o(any one or more of the parties designated herein as first party) it iavohmtarily conveyed or ttaasfernd ss the result of faa~=~sute of a junior lien or is required undo court order or deans u the t~titof _ litigation (eonveYana a ttarofa of title of L.terest cesstitittg from dash of first party. or any of the fast parties, if mots than oar, excepted), without the written oortsetst of the lawful holds of this mortgage, then and in either of raid events, and' at the option of said holds. and without notice to the fast party, all. sums of money secured hereby dull beoortte due and payable and in default tely aid concurrently with such ooaveyance, transfer, lease .ce other disposition, whether the ~ same an so due and payable and in del:alt by the specific terms hereof or not. 16. Seoord party shalt have the right, exercisable at its discretion so taig as this mortgage is in fora and effeM, to demand in writing the aaignment of and transfer- to second party, its wcoesaors and assigns. and first potty herby agrees to so assign sad trsosfer. any-and a9 rents,. profits, royalties, income or other eonsidention to be pad or aecrwng to fiat ~ from any oil, natural gas. mineral. timber, kasehoW or other interest of -say -kind and nature vrhatsoev~er, derived tom, ~ li eoonected with a affeMittg the within described real property but not otherwise subject to, conveyed and/or seaired by this _ mortgage, with the right of, but rto 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 hereu'ta executed by first party in eoatrectioa with the boa(s) secured by this mortgage. i~ - 18. A default under this instrument or under any other instrument heretofore or hereafter executed by first party to soc,ond party shall at the option of stcotid party constitute a default under-any one or more or all instruments executed by fast party to resold party- 19. U fast party (or either of them, if Hare than one), his heirs, successors or assigns, or any assutner of the itdebtedness hereby secured, files a petition in voluntary baakruptry, for receivership, for corporate norganiutioa, or for j) 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 I party, its successors and assigns, the second party, without notice to the fast party, shall have the right to dedare all sums of money severed hereby inutsediately due and payable and in.default whether the same are so due and payable and in defauh by the ~ific terms hereof or not. - . 2r1- '[his irodrunteat b subject to the Farnt Credit Act of 197.1 •and all acts amendatory thereof and suppktnentary ,I thereto, and regulations is>tsai thereunder. AU rights, powers, privileges, options and remedies conferred upon and given to 'I second party ate cumulative of all o•.her remedies and rights allowed by law, and may be pursued concurrently, and. shall ~ extend to sad may be exercised and enjoyed by the successors and rs~;gn: of second party, and by any agent, officri, II attorney or repraeahtive .of second party. its successors of assigns..~il obligations of, and assignments by, first party herein sad hereunder shall extend to and be binding upon the heirs, executors, adm_ iniuraton, successors, and assigns of first party. I! - I 1?N WTTNF.SS WHEREOF, first ~vty has hereunto act hb hand and seal (snd if fast poly or indudes a I corporation, it has ~xuscd this instrument to be executed. sealed by its corporals seal and delivered by its duly authorized officers), th>s the dsy and year first above written. - j .j . - - `I S;gr,ed, Sealed and Iklivered _ ut tlse na ,p (SEAT,) hn T. Moose, Jr.. a a John rston - Moose Jr. (~L) ~ _ + ~ (S~) 'j ~ Shirley J ~ i # ~ sods r~~,~