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Home My WebLink About0091r~ . . ' ~ .~, . _, ,-'- .,-•'~.... , , .., . 6coMias upon the ~ald mortp~ed premiwt ~t the time of tninj wit fa foredaure hereof and theraaRer. and aU of the renb. iraue~. aad prot~ts of the s~id mortg~gedpremi~ uapaid s~d unc~lacted at the tiroe offiling wit for foreclosure hereof and thece~sfter. ~nd upon fllina wit foc fococlowre, or at say tirne theraftet, ~oond psrty ~ail be entitled to h~ve a reaiver appointed to take chtrge of the tdd moctg~se premi~s and the aop ~uwn or ~ow~a~ thereon, together with the said renu. is~ua, and prof~ti uitina thorefrom snd hereby a~ned. ~nd hold the ~ame wbject to tha order ~nd direction o! the oourt. l0. Firtt party oovensnu that he will not pedorm sny act which might impair or tend to Impair the oontinwtion on the property hereia de~cribed of ~il ccop sllotmentt and aaesge aliotment: now estabWhad or hereafter established on any of the property herein de~cribed. I1(~). In the event seoond parly beoomea • party to any kg~l prooee~ns (excludina an action to toreclwe thii mortg~a~e or to collect the debt hereby ~ecured)~ involving thi: mortg~ge or the pcemise: deuribed hereia (including but not limited to the tltle to the lands detcribed aboMe), ~eooad puty may alw recover of fir:t puty aU oo;t: ~nd expenses ressonably incurred by the mort~, induding a n~onabk attorney': fee. which costs, expen~s ~nd sttorney's ta when paid by teoond puty shall become a put of the debt ~ecured hereby and shall be immediately pay~ble upon demand, and shaU daw interest from the date of advanoe.by teoond puty unt~ p~id at the highe:t rate provided irt~any note or other i~wUument secund hereby. 11(b). Ia the event said debt. or any part thereof, a atabliihed by or !n any sctioa for fondosure of thi: matg,sge. xcond party ~rny al~o noover of flruparty , in additioa to the ~id debt or so much thenof u:hall be unpaid. a rwonable fee for the attotney of ~eoond party for profe~ional ~ervioe: rendered in such action, such fee to be inoorponted in the decree of fonclown ia wch sction. 12ti Fjrstparty dull hold and enjoy the said premi~es until default in payment of any of the installmenu st provided in said note or other i~trwt~ent ~ecured hereby or a bnach of any of the corenants or oonditions of said note or other i~trument ~ecured heceby or thi: mortg,age stull be made! hovrav~er, any agent oi employa of seoond puty or any person designated by second party may enter upoa said premises at any time- for the purpo~e of inspectina aart~e or [a aey other purpo~ de~ired by ~eoond prrty. 13. AU amouau that may hereafter be a~rarded for condemnation of. and waste aad tortiout injury ~to, my of the property henby eacumbend ue hereby auigned and shalt be payabb unto second party for application, aftet payment thanfrom of attoraey': fe~ aad expeates iacurred by Eirst puty snd by ~eoond puty in oonnectioa thenwith. on wch put of the indabtedaea ~ecured henby u teoond puty may determine, wtth no duty on seoond puty to oollect s~me. 14. Firu partY asrces as a condition hereof that aU oblig,~tiont. assignments. releasa of nalproperty md/or personal liability. namortizations, reaewal=. defermea4. extea~ioni or aay oth~r agrament. in writing. made by any one a mon of the p~rtie~ hereia de~nated u fu:t puty ~rith ~eoond party ue hereby authoriud and consented to by all puties lurein da~ated u first party and thall extead to aad be binding upon the hein. executon. admpustrators. aucceason and at~ig~~ of aU the puties hereia desig~nated at futt puty. 15. First pacty agees ~ a oondition hereof that if a conveyance. lase a~ othcr disposition ~hould be made voluntarDy by firtt Quty (or by my one or more of the parties designated herein as fusc party) of any title or intaest in and to tt~e ral property desrnbed above. or any p~rt thereof, without the rvritten consent of the lawful holder of this mort~e. or if such titk or interest of first puty (or of any one or more of Uu putie: designated herein u fust puty) is involuntarily oonv~eyed a tandernd as the rault of faecloswe of a junior lien a is roquired under oourt order oc decca ai the result of litiption (oonveyana or tcansfer of titk a interest resulting from dath of fust party, ar any of. the fust putia, if more than o~. axapted), aitt~out tha ~rritten ooa:ent of the lawful holder oC this mortgsge. then and in either of:aid av~eat:. and at the option of ~aid holdar, aad ~vithout notioe to the first puty, all s~uns of money secured heieby shaU become due arrd p~yabk aod in default immediataly and ooncurre~tly rvith wch oonveyana, tran:fer, kase or other disposition. whether the s~a~e ua so due and payable md in default by the spe~c terms hereof or not. 16. Second puty sha8 have the right, axetcisable at its discretion so Iqng u this mort~e is in fora and sffect, to demand in writing the as~gnment of and tnnsfer to second party, its wccessors and assigns, and furi puty haeby sgees to so asii6n aad transfer. any and aH renb, profits. royahiea, income or other consideration to be paid or accruing to fust party from any o~, natural gas. minenl, timber, ka~ehold .or other interest of any kind and nature what~oevoer, derived irom. oonr~ected aith or affecting the within.de~cr~ed ral property but not otherwise wbject to. oonveyed and/or secured by this mort~e, writh the right of, but no duty upon, xcond party. its wecessors or assigns. to coUect same. 17. First puty ~viU oomply with all the terms and conditions of any instrument heretofore or hereafter executed by f,rn party in oonneceion wich ehe ban(:) sec~ued by this mortga~e. 18. A detault under this instrument or under any other instrument heretofore or hereafter executod by first party to socond party shall at the option of second party constitute a defauit under any one or more or all instruments executod by first party to socond party. 19. U fust party (or either of them. if more than one), his heirs, successors or assigns~ or any assumer of the indebtedness hereby ~ecured, fda a petition in voluntary bankruptry, for reaivership. for corponte reorg,aniutan. or for other debtor relief of any chuacter or kihd, or is adjudged a bankrupt, then and in the evrnt, and at the option of the second puty, its ~uca~ors md a~, the seoond party. without notice to ttw first party, shaU have the right to declue all wms of m~ney ~ecured henby icnmediately due and payabk and in default whether the same are so due and payabk and in default by the specific ter~ hereof or not. ~ 20. This in:trument is subjoct to the Fum Credit Act of 1971 and all acts amrndatory thereof and supplementary theceto, and re6ulation: iaued therounder. All right:, powers~ privikges, options and remcdie: conferred upon and giren to secand qrty are curtwlative of all other remedies and rights allowed by law, md may be pursued concurrentiy, and shall extend to and may be exerci~ed and enjoyed by the successors and aui~s of second party, md by a~ty agent, officer, attomey ot repraenutive of ~econd puty, its wcassors or assigns. AU obGgaitions of. and assignments by, firstpu ty herein and hereunder shaU extend to and be binding upon the heirs, executors, administrators. wccessors, and assigns of first party. IN WITNFSS WNEREOF, first Party has hereunto set his hand and seal (and if firri puty is or indudes a corporation, it has caused this instrument to be executed, sealed by its corporate seal and delivered by its duly authorizod off`icers). this the day snd year fust above written. , -!~,~..,,.vZf'~fL ~ ~i!?.~~.~t-~2.J SEAL ~ ) Kenneth E. Whisner . (SEAL) ~' ~ ~~-~.-t.. ~. ~~ -~Ii~~1~L~ i (SEAL) Rose T. Whisner (SEAL) (SEJ1L) ~y (SE,AL) 8~01~ P1kGE ~lJ -- - -- ~ -:~.:_~..~~~r-::~-