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Home My WebLink About1278 - ~ i growing upon the said mortgaged premises at the time of tlling suit for foreclosure hereof and thereafter, and all of the rents, iuues. and profits of the said mortgaged premises unpaid and uncollected at the time o[ filing suit for foreclosure hereof and thereafter, and upon filing wit for foreclosure, or at any time therwtter, 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 party covenants that he will not perform any act which might impair or tend to impair the continuation on ! the property herein described of all crop allotments 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 coUeM the debt hereby secured), involving this mortgage or the premises described herein (including but not limited to the title to the lands described above), second party may also recover of first party all rnsts and expenses reasonably incurred by the mortgagee, including a rtasonable attorney's fee, which costs, expenses and attorney's fee when paid by second party shall become a put 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 pail at the highest rate provided in any note or other instrument secured hereby. 11(b). In t'he, event said debt, or any put thereof, is established by or in any action for foreclosure of this mortgage, second puty may also recover of fast party, 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 wch action, wch fee to be incorporated in the decree of foreclosure in wch action. - 12. First party shall hold and enjoy the said premises until default in payment of any of the installments as 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 puty may enter upon said premises at any time for the purpose of inspecting same or for any other I purposes desired by second party. 13. All amounts that may hereafter be awarded for condemnation of,, and waste and tortious injury to, any of the property hereby encumbered are hereby assigned and shall be payable unto second party for application, after payment therefrom of attorney's fees and expenses incurred by first party and by second party in connection therewith, on wch put of the indebtedness secured hereby u second party may determine, with no duty on second puty to collect same. 14. First party agrees as a condition hereof that all obligations, assignments, releases of real property and/or personal liability, rwmortizations, renewals, deferments, extensions or any other agreement, in writing, made by any one or more of the parties herein designated as fast puty with second puty ue hereby authorized and consented to by all parties herein 4- designated as foal party and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of all the parties herein designated as first puty. 15. First party agrees as a condition hereof that if a conveyance, lease or other disposition should be made ~ • • q • voluntuily by first party (or by any one or more of the pubes designated herein as first party) of any title or interest in and to the real property described above, or any pert thereof, without the written consent of the lawful holder of this mortgage, F or if such title or interest of fast poly (or of any one or more of the puties designated herein as first puty) is involuntuily conveyed or transferred as the result of foreclosure of a junior Gen or is required under court order or decree as the result of litigation (conveyance or transfer of title or interest resulting from death of fast 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 either of said events, and I at the option of said holder, and without notice to the fast puty, all sums of money secured hereby shall become due and payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the II same ue so due and payable and in default byy the specific terms hereof or not. 16. Second puty shall have the right, exerersable at its discretion so long as this mortgage is in force and effect, to i demand in writing the assignment of and transfer to second poly, its successors and assigns. and fast puty 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, natural 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 i 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 ~ fast puts in connection with the loan(s) secured by this mortgage. } ~ I8. A default under this instrument or under any other instrument heretofore or hereafter executed by first i ~ 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 first party (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 E 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 party, its successors and assigns, the second party, without notice to the fast party, shall have the right to declue all wms of money secured hereby immediately due and payable and in default whether the same are so due and payable and in default ~I by the specifrc terms hereof or riot. 20. This instrument is wbject to the Farm Credit Act of 1971.and all acts amendatory thereof and wpplementary ~ thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to ij second puty 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. wccessors and assigns of second party, and by any agent, officer, !i attorney or representative of second party, its successors or assigns. AU obligations of, and assignment! by, fast party herein j and hereunder shall extend to and be binding upon the heirs, executors, administrators, wccessors, and,assign von' fast party. - t' 'I 1N WITNESS WHEREOF, fast party has hereunto set his hand and seal (and if fast ~ y:ii- 'utiCludps a corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered is dut~ aLthOtized• ~ officers), this the day and year fast above written. -J, ~ - 3 in eae of: ~ ~ , - ~ J ' E _ DOUBLE M. CRANBERRY CO.. INC..r (SEAL) t - ~J /f ~I BY : ~fc`~Li~i%~~<~/IZJ (SEAL) 4 Paul R. Morse, President ~i _ (SEAL) (SEAL) (SEAL) ff I~ ~tl(! (SEAL) I ~ 6 k' ~c7.- ~.i6{bvY ~