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HomeMy WebLinkAbout2661 I ' 4 ..L . . - . •r growing the said nartpled p~emisa at the t~ of ~i :stir fa foredoatn hereof sad thereafter, snd all of the reels, issues, and pro8b of tl~ said murtppd~n~sa unpaid and uaeoilected at the time of tLu~ wit fa foreclosure hereof sad thereafter, and upo.~+ tiling suit ~fa f , or at sny time thereafter, second party :hail be entitled to have a receiver appointed to take charge of the said mortgage premises sad the crops sown a growiaB thereon, together with tl~ :'aid rents, itauas, and profit: arising therefrom and hereby attigeeed, and hold the :ante wbject to tl~e orckr and direction of the court. 10. Fiat party ooveaants that he wIU not perform aqy act wldch aaight impair or lead to Impair the oonttnwtion oa the property herein daaibed of ali crop alk?tments and savage allotaeeat: now e~stabWhed or hereafter established on say of the property herein described. - - 11(a). la the event seeoad party beoore~ a party to sery legal proceeding (exdudiag an action to foredoae this mortgage or to celled the debt- hereby secured), Ltvoiviag this rrtottgage a the pretises desar~ed herein (induding but not limited to the title to the finds described above), second party may also recover of first party ail costs and expenses reasonably Lecurred by the mortgages, iaduding a reaaooabk attorney's fee. which can. expenses and attarnsy': fee wlwa paid by second party shall become a part of the debt seaaed herby and ~ be immediately payable upon a>and, and :bail drew Letacat from the date of sdvanoe by seooad party unW paid at the highest rate provided in say note a other iastruraeat secreted herby. - - Il(b). In the event said debt, a any part thereo[, it e:<ablitleed by of is sny action for foredosure of this mortgage, second party may also recover of fLst party, m additi~xe to the said debt a so much thereof a: shall be unpaid. a reaaoaabb fee for the attorney of seeoad party far professional service: roadered is wde action, wch fee to be incorporated in the donee of foredowr~ in such action. 12. FLst pity shall hold and en the raid premises until default in payment of uey of the iastallmenu ss provided in said note or other iostrua~ent ax~by or- a breach of any of the ooveaant: oc ooaditiorn of solid note a other Lu~trumant :vetoed herby or this mortgage :hail be made; however, asy agent a employs of second party « say person designated by second party may enter upon said premises at any time for lire purpose of inspecting same or for asy other . desired b aeoored ~~l3. All amount: tl ~y hereafter be awarded fa oondemoatioa of, and waste and tortiow injury to. any of the . property herby enamnbered ere hereby sssigteed sad shall- be payabb unto second party fa application, attar payment _ therefrom of attorney's fees and expenses inwrred by firer party sad by second party is connection therewith, on such part of the indebtedaes: secured hereby as aoooad party may determine, with no duty oa second party to collect same. - i 14. F'nst party agrees as : ooaditlon hereof that all obligations, assignment:, releases of real pro rtY and/or personal lisbih'ty, reartartizations, raeevvak, defermeab, eutendom or any other agreement, ire writing, mark by say one or more of the parties herein designated as first party-with seoord party are hereby authaiud sad consented to by all polies hereid d~~ated a: fmt party sad shall extend t9 and be birediag upon lira heir, exeartaa, administrator, wooe:soa and a:sigtn of all the parties herein de:i~eated as fast party. - 1S. First party egress as a condition hereof that if a conveyance, lease of other disposition should be made volwrtarily by fast party (or bry any one or more of the patties desigated herein as fast party) of any title « interest in and to the real property desar~ed above, or any patrt thereof, without the written eonseat of the lawful holder of this aartg~e, a if such title a interest of first party for of any bne or more of the parties designated herein ss first party) is imroluatarDy conveyed or transferred a: the result of foreclosure of a junior lien oc is requued under court order or decree ss the result of -litigation (oonveyareoe or trareder of title or interest resulting from death of fast party. or any of the fiat .parties, if more than one, excepted), without the written consent of the bwful holder- of this mortgage, then and is either of aid erent:, and at the option of aid holder, a~ without notice to the first party, all sums of money secured hereby shall become due sad payable and in default nrmeediatelY sad ooacurrently with wde conveyance, transfer, kale a other disposition, whether the- - same era a due sad paya!~k sad in default by the spelt terms hereof or not. 16. Second party shaII have the right, exercisable at its discretion so long as this mortgage is in face end effect, to demand in writing the assi®eraent of and transfer to seeoad party; its successors and assigns, and first party hereby egress to so assign and transfer, any and aH rears, pKOfits, royahies, itecotne or other eoasideration to be -paid or accruieeg to fast party from any oil, natural gas. mineral, timber, leasehold or orbs: interest of any kid sad nature whatsoever, derived tom, connected with a affecting the within descrbed real property but not otherwise subject to, conveyed and/or severed by this mortgage, with the right of, but no duty upon, second party, its wccasors or assigns, to called same. 17. First party will comply with all the terms and conditions of any instrument heretofore-or hereafter executed by fast party in 6oonectioa 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 accord party constitute a defauk under any one or more or all instruments executed by fast party to second party. ~ 19. If first party (or either of them, d rows than one), ha heirs, successors or assigns, ar any aswneer of the irdebtedtkss hereby secured, tiles a petition in voluntary bankrrrptry, for receivership, for corporate reorganization, or for other debtor relief of any dearactet or kind, or is adjudged a bankrupt, then and in tbs event, sad at the option of the second party. its suoassors and assigns, the second party, without notice to the fast -party, shah have the right to declare all sums of money secured hereby immediately due and payable and in default whether the acre are so due_and payable std in defauh by the ~ific terms hereof or not. j 20. This instrument is subject to the- Farm Credit Act of 1Q71 -and ail acts amendatory thereof and suppkmeatary thereto, and regulations issued thereunder. All rights, powers, privileges, option: and remedies oonfetted upon acd given to second party are cumulative of aD other remedies and rights allowed by law, and may be pursued conrurrently, and shall jl extend to sad may. be exercised and enjoyed by the successors and assigns of second party, and by any agent, officxr, ~ attorney or representative of second party, its suceeaors or assigns. All obligations of, and assignments by, fast puty herein - _ . - and hereunder shall extend to and be binding upon the heirs, executes, administrators,:ucceuors.end assigns of fast party- : r I IN W1INFSS WEIERFAF, fast party has hereunto set his hand and seal (and if first party is ur indudea a _ ro ration, it has caused this instrument` to be executed, sealed by its corporate seal and delivered by its -auly,w ry° :.152 ~ t ~i officxrs), this the day and year fast abort written. : .,=is=-' , ~ • _ :t~-' r. •-~;'•:tom [ ` Signed, Sealed and Delivered - - s 1 ~ i = ~ ~ oz LESLE GROVES, INC. ~ . ~ - Attes - -(~Ai,) Assistant ecretary. i (SEAL) { i~ - _ ii _ (SBAL) ~ - (SEAL) ~I - - -