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Home My WebLink About2106.10. First puty oov~enanta that ho wiU ~ot petfotm any act which mig~t impaic or teud to impair the conlinwtion on the property hetein desctibed of aU crop allotments and acroage allotments now established ot hereafter established un ~ny of the property hercin described. 11(a). ln the eMent ncond puty becomes a puty to any kga! proceeding (excluding an action to fareclose this mo~tgage or to colket the debt hereby iecuced), involvina this mortg,age or the premix: described herein (including but not limited to ths title to the lands described abov~). :eoond party may ~lso reFover of fint party all costs and expenses reaso~ably incurred by the mortg,agee, including • reasonable attorney's fee. wtuch costs, expenses and attorncy's fa when paid by seoond puty shall bernme a put of the debt secured hereby and shaU be immediately payable upon demand, and shall dnw interest from the date of advana by seoond puty until paid at the highest nte provided in any note or other instrument ~ecured hereby. 11(b). in the eMent said debt, or any part thereof~ ~.established by or in any action for foreclosure of this mortg,age. xoond puty may also recov~er of first puty, in addition to the said debt or sa much thereof u stull be unpaid, a reasonable fa [or the attorney of ~eoond party for profeuion~! services rendered in wch action. such fee to be inoorporated in the decra of foreclaa~-re i~ wch action. 12. First party shsll hold and enjoy the taid premises until default in payment of ~ny of the insWlments as provided in said note or other instrument secured hereby or a breach of any of the covenants w oonditions of said note or other iustrument ~ecured hereby or this mortgage shall be made; however, any agcnt or employ~e of second party or any person de:ignated by second party may enter upon said premises at any time for the purpose of inspecting same or tor any other purpo~a desired by sceond party. • 13. Al! amouats that may hereafter be awarded for condemnation of, and wute and tortio~u injury to, any of the property hereby encumbered ue heceby assigtesd and shall be payable unto second puty for appGcation, after payment therefwm of attomey': fea and expe~ses incuned by C~cst party and by second puty in oonnection therewith, on wch put of the indebtedn~u ~ecured henby u seoond party rrny determine. with no duty on seoond puty to collect same. 14. First party agrees as p condition hereof that all obligations, assignments. releases ot real property and/or per- sonal liability, reamortizations, renewals, deferments, extensions or any other agreement. in writing, made or entered into with second party by any one or more ot the parties herein designated as first party. by any party or parties obligated (pri- marily or otherwise) to pay any or all of the indebtedness secured hereby, or by any party or parties who have given security of any kind for any or all of the indebtedness secured hereby are hereby authorized and consented to by all parties herein designated as ~rst party and shaU extend to and be binding upon the heirs, executors, administrators. suc- c essors and assigns of all the parties herein desig~ated as first party. IS. Fint puty agrea as a oondition hereof that i[ a conveyancx, lease or other disposition ~ould be made v~oluntuily by fust party (or by any one or more of the parties designated herein as first pvrty) of any title or intere:t in and to the ral property desctibed above. or any p~rt thereof, without the written consent of the lawful holder of this mortg,age, or if such titk or interat of fust puty (a of any one or more of the parties designatod herein u first puty) is inv~oluntarily oonv~eyed or transferred as the rault of faeclosure of a junior lien or is required under oowt order or decra as the rault of litig~tion (oonveyana or transfer of titk or interest resulting from death of fust party, or any of the fust puties. lf more tl~an one, exapted). aithout the written oonsent of the lawful holder of this mortg~ge. then and in either of said ev~ents, and at tlre option of :aid holder. and without notice to the t~rst puty, all sums of money secured hereby shaU beoome due and payabk aad in default imrtkdiatefy and concutrently with such oonveyanoe. tra~fer, lease or other disposition. whether the ~ame ue so due and payable and in default by the specJc terms hereof or not. 16. Second puty shall have the right, exercisable at its discretion so long as this mortgage is in toroe and effect, to demand in writing ihe atsigr-ment of and transfer to ~econd puty, its succeuors and assigns. and first puty hereby agree: to so assi~ and transfer. my and aD rents,. profits. royalties, income or other considention to be paid or accruing to fustparty from any oil. natural ps. mineal, timber. kasehold or other interest of any kind and nature whatsoever, derived from, oonnected ~vith or affectina the within deterbed ral property but not otherwise subject to, conveyed and/or'~ecured by this mortp~e, ~vith the ti6ht of, but no duty upon, ~ec~d party, its wccessors or usigns, to collect same. 17. First party ~vill oomply with all the terms and conditions of any instrument heratofore or hereafter executed by first putY in oonnection ~rith the ban(s) secured by this mortgage- 18. A default under this instrument or under any other instrument heretofore or hereafter executed by firct party to socond party shall at the option of second party constitute a defaul~ under any one or more or all instruments eaecutod by first pariy to second party. l9. I[ fust puty (or either ot them. J more than one), his heirs, wccessors or assigns, or any aswmer of the indebtodnea hereby ucured, fdes a petition in voluntary bankruptcy. tor receivership, tor corporate reotg,anization. or for other debtor relie! of any chuacter or kind. or is adjudged a bankrupt. then and in the event. and at the option of the seo~d puty. its ~ucoes~on and assigns, the seoond party, without notice to the fust puty, shall have the right to declue all sums of money ucured hereby imn~ediately due and payabk and in default whether the same are so due and payable and in default by t1u specific tarms hereof or not. 20. "Iliis inswment u subjoct to tlu Fum Ccedit Act of 1971 and all acts ~mendatory thereof and supplementary thereto, and n6ulations issued thereunder. AU rights, powers, privikges, options and remedies conferred upon and given to ~econd puty ace ewnulatiwe of all other remedie: and rights allowed by Vw, and r~y be pursued concurrently, and shall extend to and may be exercised and enjoyed by the succsuors and assigns of second puty, and by any agent, omcer. attorney or repre~entative of ~eoond party, its sucasaors or assigns. AU obGga~tions of. and assignments by. first puty herein and henunder shall extend to and be binding upon the heirs~ executors, administrators, wecessors, and auigns of fust party. IN W1INESS 1NHEREOF, first puty hu hereunto set his hand and seal (and if first puty is or ~dudes a oorporation, it hu cau~ed this instrument to be ex~cuted. seakd by its corporate seal and delivered by its duly anthoriud o[ficers)~ tlw the day snd year Cust above written. . ~ Sig~ed~ Sakd and bdivered ~~ ~ Pnx ~ '~ ~ _ ~ ~J /\ ~<~~. ~ ~ , /~,~ , . ~;~ C `~ ;' /~ '~ Y B CH CORPORATI N B~: ~ Joe Marshburn, Executive ~ ~ ~ J. E. Loveless, Secretary ° ~.~~1~ J~ 1 PAGE ~.liJlJ w . ~ . ~= : : ' WQ.' ~yy••i•-` f 4 • ~s~P• ~~ ~~ -' ~4~ ~• ~~^ ~ :7.~ ~~ ~; ';, $~,f . ~~ ~ . `~ 5~~~~ ~ ' ~. ~. •.~..~ • 4 ~yl _ r ~ . CWYfL (~L) . a --- - - __ - ~ ~ ~ x~ . tr, ~~i . ~ ~,,„ --;,: _ _ ~ ~-. ;-~~ ;=• ~~~~'w'~'~9~'-"~y~~-}.: fkxa-?.r ~_~.-. ~ °~~`-'~