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HomeMy WebLinkAbout2362 . ~ ~ ~ ,g growing tbs said mortppd pcemisa at tM tLaae of filing suit !oc fo~edoare hereof and thereafter, and cep of the rent, lane, and pcoBtt of the aid ttartta;ed~ uapaid and uaodlected at the tune of fault for forecbwre Imreof and thereafter. and upon tlliag wtt for f , oc at aay !here theefaRer, aeoortd party be entitled to have a reoelver appoinoed to talc dtup of the aid moctgitge premises and tM aopa sower a dteroou, together with the aid rent, hates, attd pcotlts arising therefrom and hereby asdOted, and hold tM same subjectg~ ceder and directba of tM court. 10. FMt party ooveanb that be wiiDD not perforce any act whkh mijttt impair or tend to impair the oontlnuatiion on ~ p~ b of cell aop ariotmenb and aaage ailotmertb now established or hereafter established on any of 11(a).- Lt tbs event ~eoond pasty beoontes a party 'to any lepl prooeedittg (exduding an actbn to fondoee this mortgage or to eolkd the debt herebysecured). inv~o~ this aartpps or the pceanises dwa~ed henln (indudins but not limited to the title to the Lnds described shove), aeoond party may also recover of tint party all costs and expense:-~ reasonably iawrnd by the mortgagee, indudirtg a reasonable attorney': fee, which scab, expenses and attorneys fee when paid by :snood pity shaII become s part of the debt secured herby and shall be irnntediately payable upon demand, and shalt drew interest- from the date of advance by second party until paid at the highert rate provided,in any rate or other instrutaent secured herby. , ~ • 11(b). Ice the event aid debt, or aay put thereof, is established by a in any action fa fondosure of thh mortgage, second party may ale recover of tint party, fa addition to the said debt or so much thereof as:ltall be uapaid, a reasoaabk fee for the attorney of second poly for profadonal servkas rendered in such action, such fee to be incorporated in the deaee of focedowre in such action. 12. First party shalt hdd aced en the said premises until default in payment of any of the instaltntenti ss provided io aid note or other instrument se~atred herby or a beach of any of -the eov~enanb a oonditiom of aid note a other instrument secured hereby a this mortgage shah be made; however, an agent or employee of second party a any person designated by seooad~partlr may enter upon aid premises at any time for the purpose of ~ same or fa any other deand b anndd Atl amyounb that~atay hereafter be awuded for condemnation of, aced waste and tortiota injury to, nay of the property hereby encumbered are hereby assigned and dull be payable unto second party fa application, after payment therefrom of atto:neyy leer and expense: mcturod by Srst party snd by seemtd party in eonnectroa therewith. on etch part ~ of the indebtedness socttred hereby as second ppaarrttyy may detertrtiae, with no duty ~ second poly to collect ante. 14. Fhst poly agrees as a condition heroof that aU obligations, assignnnenb, releases of real pr rty and/or personal liability, teaaaortizations, renewals, defemaanb, exteasioas a any other agresmatt, in writing, made by my ore or more of the parties pecan designated a: tint poly wIW second party an hereby sutltorized aced oonsertted to by all patties Herein - d~ated a firer party and dtall extend to and be binding upon the heir, exeatton, adminirtraton, sltccesson and aaigas of a$ the polies herein daiatrated a: tint party. iS. Finn party agrees ss a ooadition hereof that if a conveyance, kris or other disposition should be made G ~ roltmtacily by tltst party (or by nay one a ran of the polies designated herein s: fort party) of any title or interest is and to the real property descrrbed above, or any pert thereof, without the written consent of the lawful holder of thk mortgage, 1. ~ or if such title a interest of fort party (or of any one or more of the polies de:~natcd herein a: firrt party) is iuvohrntarr~y ooaveyed a tramferred as the result of foredowre of a junior lien or is required under court order a decree a: the rewlt of f litigation (oonveyanoe of tntmfer of title or interest rewltirtg from death of lust party, a any of the first parties, if more ! than cos, excepted), without the written consent of the lawful tauter of the mortgage. then aced in either of said events, and I at the option of girl holder, and witkoat notice to the fiat party, all wtrt: of money secured hereby dell become due and ~ payable and in defiuh tety and concurrently with such conveyance, trarsefer, lease a other disposition, whether the ~ same an so due and payable and in default by the specific terms hereof a not. 16. Seeoad party shall have the right, exercisable at its discretion so long as this mortgage is in fora and effect, to danand in writing the asdgnment of and trander to second poly, its :ttcassors and aasigrts, and fnYt poly hereby agree: to ~ so sssypn and transfer, any and alt renb,. ptofib, royalties, income or other consideration to be paid a aeauing to firrt poly ! fmm any oil, mtural gas, mineral, timber, leasehold or other interest of any kind and nature whatsoever, derived rom, ii eortttected with or atl'ectutg the within described real property but not otherwise wbject to, eortveyed and/or secured by this mortgage, with the right of, but no duty upon, second party, its wccessors or assigns, to collect same. 17. Firrt party will eorrptly with all the terms and conditions of any instrument heretofore of hereafter executed by ! ~ lent party in connection with the loan(:) secured by this mortgage: E 18. A default under this instrument or under any other instrument heretofore or hereafter exexutod by first party to second party shall at the option of second party constitute a detauh under any one or more or ail instruments ~ ~ executed by first party to accord party. 19. If firsrt party (or either of them, if more than one), his heir, successors or assigns, or any assumer of the - iadebtedrtess hereby secured, file: a petition in voluntary bankruptcy, for receivership, for corporate r~eorganiution, a for j j ~ ~ other debtor relief of any drancter or kind, or b adjudged a bankrupt, then and in the event, and at the option of the second party, its sueoe:son and assigns, the second party, without notice to the fuel party, shall have the right to dedue all sums of ~I money secured hereby immediately due and payable and in defiult whether the same are so due and payable and in default by the ~ific ttirrm hereof or not. 20. This imtrunneat is subject to the Farm Credit Act of 1971.and all acts amendatory thereof and wpplementary E ~ thereto, and regulations issued thereunder.lW rights, powers, privileges, options and remedies conferred upon and given to € j second patty are curratlative of all other remedies and rights allowed by law, and may be pursued concurrently, and shall I extend to and rmy be exercised and enjoyed by the wccesson and auigns of second party, and by any agent, officer, E ; ~ attorney or representative of second party, its successors or assigns. All obligations of, and assignments by, fast poly herein ind hereurodet shill extend to and be binding upon the heirs, executors, administrators, wcxesaon, and assigns of fart party. tM WITNESS YVtIE1tEOF, fort party has hereunto set his hand and seal (and if fort party is or includes a ~ oorpontieo, it has uus4d this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized s " officer), this the day sad yen firrt above written. ~ ' i ' Signed, Sealed sad lhtivered is the a - (SEAL) im G. Russakis, a/k/a Jim Russakis ` ~ (SEAL) 4 ~ (SEAL) ~ - ' # P~E2~~