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growine upon the taid mortpaed Qremi:es at the time of filing wlt !or foreclowre he~eot and thereafter, and all of the rent:.
iuua. and proRb of the ~id mottg~ed premisa unp~id and ut~collacted at the time of Ning suit for foreclosure hereof and
, therafter, and upon filina wjt for fo~eclosure. or ~t any time theratter, ~econd party ~~all be entiUed to hav~e s receiver
~ appointed to take chuge of the st~d mottgage premises and the aopt ~own or growina the~eon, together with the said rents.
itwas. and prot~u ui~ina therefrom and henby a~ned. and hold the ame subject to t!-e order and d'uection ot the oourt.
10. Firtt puty oov~enanu that he will not perfotm sny act which might impair or tend to impair the continwtion on
' the property herein described ot all crop allotment: and ureaga ~llotment: ~ow e:tablished or hereafter eatablished on any of
the property herein described. -
'' 11(a). !n the ev~ent ~eoond party beoome: • patty to any kgal prooeeding (excluding an :ction to toreclo~e this
mortgsge or to collect the debt hereby secured)~ involvina thi: mortg,~ge or the premise: deuribed herein (including but not
limited to the titk to the lands described above), ~eoond puty may dso reoov~er of first pariy all costa and expenses
reuonably incurred by the moctg,~ga. including a na:onable attaney's fee, which costs. expenses and attorney'a fee when
paid by ~eoond puty ahaU become a put of the debt secured henby and s1uU be immediately payable upon demand, and
shaU draw interest from the date of advu-a by second puty until paid at the highest rate provided in any note or other
, instrument secured hereby.
;~ 11(b). In the ewent said debt, or any psrt thereof, it atablishsd by or in any action for fonciosure of this mortg~ge.
I xoond puty may al~o reoov~er of firsE puty, in addition to the said debt or so much thereot u shall be unpaid, a reasonabk
fee for the attorney of ~eoond party tor profeuiond service: rendered in wch action, wch fee to be incorponted in the
i decree ot toreclosun in wch action.
; 12. Fir:tparty shall hold and enjoy the said premites until def~ult in payment of any of the installments u p[ovided
in said note or other inrtrument secured hereby or a breach of any of the cov~enant: or oonditions of s~id note or other
' instrument ~ecured hereby or this mortgage shall De made; however, any agent or employee ot seoond party or any person
'! derignated by second party may enter upon said pcemises at any time for the purp~e of inspecting same or for any other
'' purpo~a desired by second puty.
13. All amount: that may hereafter be awuded fa condemnation of, and waste and tortious injury to, any of the
property hereby encumbered ue hereby auigned and shall be payabk unto second puty for appGcation, after payment
, thenfrom of attomey': fees and expec~sa incurred by first puty and by :econd puty in connection tlurewith. on wch part
of the indebtedneu aecured henby as seoond party may determine~ arith no duty on seoond puty to coUect same.
~ 14. First party aaras a; a condition heroof that all oblig~tions, auignmenta, releases of real property and/or personal
! liability, eamortirations, renewals. deferments. extensio~u or any other agreement~ in writing, made by any one or more of
' the putia herein deugnated as fust party with seoond party ue hereby authoriud and consented to by all partia herein
designated as fust puty snd st~all extend to and be binding upon the hein. executon, administrators. successors md assi,gn:
of all t!u parties hereia daignated as first party.
1S. Fint puty a~ as a condition hereof thst if a conveyance. lease or other disposition ~ould be made
~j • voluntarily by futt patty (or by u-y one or more of the puties designated herein u fust party) of any title or interest in and
' ' to t!u ral property descx~bed above. or any part thereof. without the arritten consent of the lawful holder of this mortg~~,
i a if sueh titk or intecest of fmt puty (a of any one or more of the parties designated herein u ferst puty) is inv~oluntacily
oonv~eyed or tnnsferred as the rexult of toteclosure of a junior Gen a is required under oourt order or decree as the result of
litig~tioa (aonv~eyana or trand'er of titk or interat resulting from death of fust party, or any of the fir:t parties, if more
, thaa one, exoepted), ~vithout the written oonsent of the lawful holder of this mortgage, then and in either of said events. and
at the option of taid holder, and ~rithont notia to the fust puty, all sums of money secured hueby s1~all become.due and
payabk and in default immediately and ooncurrently with such conv~eyana, transfer, lease a other disposition, whether the
~ ~atne ue so due and payable and in default b the specilic temu hereof or not.
16, Second pu[y shall have the ri~it, exercisable at its discretion so long u this mortgage ia in force and e(fect, to
demand in writing the assignment of and tnnsfer to second party, its successors and assigns. md first puty hereby agras to
' so assisn and transfar. any and all renta. profits, royalties, income or other considention to be paid or accruing to fust puty
'i ; from any oil. natural S,as, minenl, timber, kasehold or other interest of any kind and nature whatsoever, derived from.
~ ; oo~u~ected w-ith or affecting the within descnbed ral property but not otherwise wbject to, conveyed and/or secured by this
I mortg~ge, arith the ri6ht of, but no duty upon, second party, its wccessors or assi~s, to collect same.
'' 17~ Fust party ~vilt comply with all tfie terms and conditions of any instrument. heretofore or hereafter executed by
i' fir:t puty in oonnection Mn~h the bu~(s) secured by this mortgage.
f 18. A default under titis instrument or under any other instrument heretofore or hereatter executod by first
{ ' party to second party shall at the option ot second party constitute a default under any one or more or all instruments
~ ; executed by Grst party to second party.
I 19. If firri party (or either of them, J more than one). his heirs, successors or assigns, or any assumer of the
indebtedness hereby'ecured, fde: a Qetition in voluntary bankruptry, for receivership, for corporate reorganiution, or for
~ other debtor relief of any chuacter or kind. or is adjudged a bankrupt, then and in the event, and at the optan of the second
~ puty, its woas~ors and assigns, the seoond party. without notice to the first party, shall have the right to declue all wms of
rraney ucured henby immediately due and payable and in default whether the same are so due and payable and in default
by the :pecific terrt~s hereof or not.
20. This insttument a subject to the Fum Credit Act of 1971.and all acts amendatory thereof and supplern~ntary
thereto, and re~tions issued thereunder. All rights. powers~ privileges, options and remedies conferred upon and given to
~ second patty are cumulative of all other remedies and rights aUowed by law, and may be pursuod concurrently, and shall
extend to and may be exerci~ed and enjoyed by the succeuors -and assigns ot second party. and by any agent, otfiur,
attomey or repre~entative of ~econd puty, its successors or assigns. AU obligations of. and assignments by, first Quty hecein
and herounder shall extend to and be binding upon the heirs, executors, administntors, wccessors, and assig~s of Pust party.
iN WITNFSS WHEREOF~ first puty has hereunto set his hand and seal (and if fust puty is or indudes a
corpontion. it has caused this instrument to be executed. sealed by its corporate seal and delivered by its duly authorized
offian), this the day and year fust above wcitten.
~
~ Signed, Seakd and Delivered
in the pnsena of:
,
~ ' ~ _ (SEAL)
m G. Russakis
; ( (SF.AL)
6 (s~u,)
(SEAL)
(SEAL)
~
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g~~ ~7 PA~ ~~~s
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