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growing upon the acid mortgaged premises at the time of King salt for foreclosure hereof and thereafter, and aQ of the rents,
~ iuues, and profits of the said mortgaged premises unpaid and uncollected at the time of filing suit for foreclosure hereof and
thereafter, and upon filing salt for foreclosure. or at any time thereafter, second party shall be entitled to have a receiver
~ appointed to take chuge of the said mortgage premises and the crops sown or growing thereon, together with the said rents.
iswes, and profits wising therefrom and hereby assigned, and hold the same wbject to the order and direction of the court.
10. First puty covenants that he will not perform any act which might impair or tend to impair the continwtion on
~ the property herein deuribed of all crop allotment: and acreage allotments now established or hereafter established on any of
the property herein described.
11 a , In the event second
party becomes a puty 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
j limited to the title to the lands described above), second puty may also recover of first party all costs and expenses
j reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when
paid by second puty shall become a part of the debt secured hereby and shall be immediately payable upon demand, and
shall draw interest from the date of advance by second puty until paid at the highest rate provided in any note or other
j instrument secured hereby.
~ 11(b). In the event said debt, or any put thenof, is establi:fted by or in any action for foreclosure of this mortgage,
second puty may also recover of fast patty, in addition to the said debt or so much thereof as shall be unpaid, a reasonable
fee for the attorney of second party for professional services rendered in such action, wch fee to be incorporated in the
decree of foreclosure in wch action. I
12. First puty shall hold and enjoy the said premises until default in payment of any of the installments u 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 poly msy enter upon said premises at any time for the purpose of inspecting same or for any other
' purposes desired by second party.
13. AU amounts that may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the
property hereby encumbered ire hereby sssigned and shall be payable unto second poly for application, after payment
therefrom of attorney's fees and expenses incurred by first poly and by second party in connection therewith, on wch put
of the indebtedness secured hereby as second poly may determine, with no duty on second puty to collect same.
14. First patty agrees as a condition hereof that all ob4gations, assignments, releases of real property and/or personal
liability, reamortizations, renewals, deferments, extensions or any other agreement, in writing, ma'e by any one or more of
the polies herein designated u fast puty with second party ire hereby authorized and consented to by all parties herein
designated as fast party and shall extend to and be binding upon the heir, executor, administrators, successors and assigns
of all the polies herein designated u first parry.
15. First poly agrees u a condition hereof that if a conveyance, lease or other disposition should be made
voluntarily by fast puty (or by any one or more of the pubes designated herein as fast party) of any title or interest in and
i; 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 or interest of fast party (or of any one or more of the pubes designated herein as fast poly) ~ involuntuily
•l ~ 1 conveyed or transferred as the result of foreclosure of a junior lien or is required under court order or decree as the result of
litigation (conveyance or transfer of title or interest resulting from death of lust party, or any of the fast pubes, if more
than one, excepted), without the written consent of the lawful holder of this mortgage, then and in tither of said events, and
at the option of said haJder, and without notice to the lust puty, all sums of money secured hereby shall become due and I~
payable and in default immedutely and concurrently with such conveyance, transfer, lease or other disposition, whether the
same ire so due and payable and in default by the specific terms hereof or not. i
16. Second puty shall have the right, exercisable 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 first party 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, natwal 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 f
mortgage, with the right of, but no duty upon, second party, its successors or assigns, to collect same.
j 17. First puty will comply with all the terms and conditions of any instrument heretofore or hereafter executed by If
fast putt' in connection with the loan(s) secured by this mortgage.
j 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.
l9. If first 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 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 fast party, shall have the right to declue all sums of I
~ 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. I~
20. This instrument is wbject to the Fum Credit Act of 1971 and all acts amendatory thereof and supplementary j
thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to I~
second putt' are cumulative of all other remedies and rights allowed by law, and may be purwed concurrently, and shall ~
extend to and may be exercised and enjoyed by the wccessors and assigns of second party, and by any agent, officer, ~ r
,attorney or representative of second putt', its wccessors or assigns. All obligations of, and assignments by, lust putt' herein
and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of lust party.
~ IN WITNESS WHEREOF, lust party has hereunto set his hand and seal (and if fast putt' is or includes a
corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorized 4
officers), this the day and year fast above written. ~I
;I
Signed;'Sealed and Delivered I~
r ~
3 ,i4t the presenoa of:
~-r` C . BERNARD G TE T (SEAL)
/r BY : ~ ~ ~ (SEAL)
~ ; s o i p tes, Trustee and P es t
a Inilivid al y BY: (SEAL)
~ Chart at r. tee
~
(SEAL)
tes i aI
o B. Ga a Jr., Trustee (SEAL)
and dividually Charles B. Gate Jr., dividually
(SEAL)
Bt}nK~ PGGE
. ~
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