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HomeMy WebLinkAbout2284, :, ~ ; ~ ,~ _ _ ~_. ~. growing upon the said mortg,tged premius at the time of filing suit fot foreclosure hereof and thereafter, and atl of 1he rents, ~' usues. and profits of the said mortgaged premises unpaid and uncollected at the time o( filing suit for foreclosure hereuf and ,~ thereafter. and upon filing suit for foreclosure, or at any time thereafter, second party shall be entitled to have a recewer ;? ~ppointed to take charge of the said mortgage premises and the crops sown or growing thereun, together with the said rents, ` ~ssues~ and profits arising therefrom and hereby assigned, and hold the same subject to the o~der aad direction of thc court. j~ !0. First patty cov~enarits that he wiU not perform any act which might impair or tend to impair the continuatiun on ~ the property herein desctibed of all crop allotments snd acreage allotments now established or hereafter established un any of , the property herein described. i 11(a). In the event seconc~ oarty becomes a puty to any legal proceeding (exctuding an action to forecio thi ~ ~ -- ~ - - -_-_- _..- _ _ - - ------- - -- ~ - - - -~- -- - _---_ -_ , ': _ ~_ _ - ---- -._ _ _ _._>- _ -~i i1 ;+ se s mortgage or to collect tl~~ debt hereby securedl~ involving this mortgage or the prernises described herein (including but not l;nuted to the title to the lands described sbove). second party may also recover of first party all costs and expenxs reasonably incurred by the mo~tgagee, including a reuonable attosney's fee. which costs, expenses and attorney's fee when paid by second party shal) become a part of the debt secured hereby and shall be immedialely 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 mstrument ucured hereby. il(b). In the ev~ent said debt. or any part thereof. is estabiished by or in any action for foreclosure of this mortgage~ second party may also recover of fustpa rty. in addition to the said debt or so much thereof as shall be unpaid, a reasonable fte for the attorney of second party for professiona! services rendered in such action,such fee to be incorporated in the decree of foreclosure in such 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 ir~strument seeuted hereby or this mortgage shall be made; howevcr, any agent or employee of second party or any person designated by second party may enter upon said premises at any time fur the purpose oi inspecting same or for any other purposes desired by second party. 13. All amounts that may h~reafter be awarded for condemnation of, and waste and tortious injur~ to, any uf the property hereby encumbered are hereby assigned and shall be payable unto second party Par applicatio~, after payment therefrom of attorney's fees and expenses incurred by first party and by second party in connection tiierewith, on such part uf ihe indebtedness xcwed hereby as second party may determine, with no duty on second party to collect same. 14. Firsi pariy agrees as a condition hereo( that all obligations, assignments, releases of real property and/or personal liability, reamoctizations, renewals, deferments, extensions or any other ageement, in writing, made by any one or more of the parties hetein designated as first party with second party are hereby authorized and consented to by all parties herein designated as fust party and shall extend to and be binding ~pon the heira. executors, administrators. successors and assigns of all the parties hcrein designated as first patty. ~ 15. First party agrees as a condition hereof that if a conveyanc~, lease or other disposition should be made voluntuily by first party (or by any one or more of the parties designated herein as first party) of any title or interest in and to the real property described above. or any part thereot, without the written consent of the lawful hoider of this mortgage, or if such tide or interest of fust party (or of any one or more of the parties designated horein as first party) is involuntarily conveyed or transferred as the result of foreclosuce of a junior lien or is required under court order or decree u the result of litigation (conveyance or tcansfer of title or interest resulting from death of first party. or any of the Tirst parties, if more than one, excePied), without the written consent of the lawful holder of this mortgage. then and in either of said events, and at the option of said holder, and without notice to the first party, ali sums of money secured hereby shall become due and payable and in detault immediately and concurrently with such conveyance, transter, lease or other disposition. whether the same ue so due and payable and in default by the specific terms hereof or not. 16. Stcond party shall have the right, exercisable at its discretion so lung as this mortgage is in force and effect, to demand in wtiting the assignmtnt of and transfer to second patty, its successors and auigns, and first party hereby agrees to so auign and transfer, any and a0 rents._ profits. royalties, income or other consideration to bt paid or accruing to first patty 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 desc~ibed'real property but not otherwise subject to, conveyed and/or secured by this mortgage, with the right of, but no duty upon, second party, its successors or assigns. to coliect same_ 17. First party wiU comply with all the terms and cond~tions of any instrument heretofore or hereafter executed by fust puty in connection with the loan(s) secured by this nwrtgage. 18. A defau~t under this instrument or undcr any other intitrumrnt heret~~tore or hereaRer executed b}~ firtit partS to seco~d pany shall at the option of second part~~ constitute a de(ault under an~~ one ur more or all in~trument~ executed bS• tirst part~• to second part}~. 19. If first party (or either of them, if more than one), his heus, successors or assigns, or any asaumer oI the indebtedness hereby secured. files a petition in voluntary bankruptcy, for receivership, fur corporate reorganization, or !or uther debtor reliet of any character ur kind, or is adjudged a bankrupt. then and in the event, and at the option of the second aarty, its successors and assigns. the second party, without notice to the frst party, st~all have the right to declare all sums of money secured htreby imrrtediately due and payable and in default whether the same are so due and payable and in default by the specific ternu hereof or not. 20. This instrument is subject to the Farm Credit Act of 1Q71 and aU acts amendatory thereof and supplementary thereto, and regulations iuued thereunder. All rights, po~vers, privileges, o~lions and remedies c~nferred upon and given to second Party are cumulative af all other remedies and nghts allowed by law, and may be pursued concurrently, and sha0 extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, officer, attorney or teprtsentative of second party, its successors or ass~gns_ AiI obl~gations u(, and assignments by. firsi party herein and hereunder shal! extend to and be bir:ding upon the heirs, executors, administrators, successors, and ass~gns of tust party. IN WITNESS WHEREOF, first party has hereunto set his t~and and seal (and if first party is or includes a corporation. it has caused this instrument to be executed, seaied by its corporate sea! and delivered by its duly authorized ', of(icers), this the day and year t`ust above written. Signe , Sealed (i 11v .jn ~j+i~~jP~ ~ p~ i ~ ~~~` 1 ~ ' / a '~- ' ~ J f ~ ~ f -- i . / ~~ </,'t~il~ i `, ~ ~/ , 1>~..:ty% . r- \ ' ~ ' ! ~ - ~ 'i ~ ~ ~ ~ , ~ c `~ ~ ~ ~ A ~ ~SEAL) 7'albert Cooper, Jr. , ~ ' (SEAL) /~,~ ~C L.r ci ~ Ll~ :~;/~ C~c~- ~Z.r, SEAL ~~1zr ette B. Cooper A/~Margarette ) Co er , (SEAL) ~ (SEAL) ' (SEAL) j~ ~~x~~9 F:lr,E2~~3 fi 9~~K s - ....r. ~,,. r. _ . =