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Home My WebLink About2048 ~ ~ 1 , _ _ ~ . _ _ _ . - _ - 3 I , , ~ + ; ~ , , . ` ~ ' 1 j • ~ ' . j growing upc~n the s~~id mo~tgaged prenuses at the timc uf filing suit fur fareclocure hereot a~d Ihcrcafter, and a11 ~~f the rcnts, 1 issucs, an~i profits of ihc saiJ mortgaged prcmises unpaid :~nd uncollectcd at the time of filin~; suit for foreclosur~~ hereaf and ~ thereafter, and u}wn ~ling suit far forectosurc, c,~ at any time thereafter, second party shall be entitled to have a receivcr ~ ap}winted to take cliarge of thc said murlgage premises and the crops sown ~r growing thereun, tagethcr ~vith tlie said rents, + I issues, and proRts arising therefrom and hereGy assigned, and hold the sanie subject to the order and direclion ot the court. ~ I0. First party covenants that he wiU not Ex~rform any act ~vhich nu~lit impair or tenu to impair the continuation on I ; ~ the property herein described uf all crop allotmenis and acreage allotments naw established orhereafter established on any of F I ~ the property herein described. ~ 11(a). In the event second party becames party to a:}y Iegal praceeding (excluding an action to fereclose this _ mortgage ot to cullect the debt hereby secured)~ invuiving tiiis mortgage or the pren•.i~es described herein (including but not I ` 1 limited to the title to the lands described above), sernnd party may also recover of first party a!1 costs and expenses = reasonably incurred by the mortgagee, including a reasonable attorney's fee, which costs, expenses and attorney's fee when C paid by second party shall become a parl of the debt secured here~y an~i sl~all be immediately payable upon demand, and ~ shall draw interest from the date of advance by second party until paid at the highest rate provided in any note or other j ~ t _ I instrun~ent secured hcreby, - I 11(b). In the event said debt, or any part tliereof, is established by or in any action for foreclosure of tliis martgage, ; ~ second party ma~ also recover of first party, in addition to ihe said debt or so mucli thereof as sl?all be unpaid, a reasonable ; fee for the attorney of second party for professional services rendered in such action, such fee to be incorporated in .he t decree of foreclosure in such action. - ~ 12. First party shall hold and enjoy the said prenuses 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 - instrumert secured tiereby or this mortgage shall be made; however, any agent or employee of second party or any person designated by second party niay enter upon said prenuses at any time for the purpose of inspect~ng same or Cor any otlier i_ purposes desired by second party. ( I 13. All amounts that may hcreafter be awarded for condernnation of, and waste and tortious injury to, any of the property hereby encumbered are t~ereby assigned and shall be payable unto second party for application, after payment tlierefrom of attorney's fees and expenses incurred by first party and by second party in connection therewitii, on such part ~ ~f tlie indebtedness secured hereby as second party may deternune, with no duty on second party to collect same. ~ ~ 14. First party agrees as a condition hereoF that all obligations, assignments, releases of real property and/or personal liability, reamortizations, renewals, deferments, extensions or any other agreement, in writing, made by any one or more of ~ i_ I t}ie parties herein designateJ as first party witli second pariy aze hereby authorized and consented to by all parties herein ^ j designated as first party and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns ~ - ~ of all the parties herein designated as first party. ~ ~ t5. First party agrees as a condition hereof_. that if a conveyance, lcase or other disposition should be made ~ voluntarily by first party (or by any one or more of the parties designated herein as first partyj of any title or interesi in and ~ ? i to the real property described above, or any part thereof, without the written consent of the Iawful holder of this mortgage, - or if such title or interest of fust party (or of any one or more of the parties.designated h~rein as first pariy} is involuntarily ' ~ conveyed or transferred as. the result of foreclosure of a junior lien or is req~ired under court order or decree as the result of f~ 'litigation (conveyance or transfer of title or interest resulting from death of first party, or any of the first parties, if more ~ than one, excepted), without the_written consent of the lawful holder of this mortgage, then and in either oE said events, and i+ - ~ at the option of said holdee, and without notice to the first party, all sums of money secured hereby shatl become due and j) payable and in default immediately and concurrently with such conveyance, transfer, lease or o!her disposition, whether the ' j same are so due and payable and in default by the speci~c terms hereof ar not. . : ~ :j ; ~ ~ 16. Second Qarty shall have the rig}d, exercisable at its discretion so long as this mortgage is in force and effect, to j~ i demand in writing the assignment of and transfer to second party, its successors and assigns, and first party hereby agrees to ~ i ~ so assi g n and tran sfe r, a n y a n d a ll r e r i t s,. p r o f i t s, r o y a i t i e s, i n c o m e o r o t h e r c o n s i d e r a t i o n t o b e p a i d o r a c c r u i n g t o f i r s t p a r t y ;i is from any oil, natural gas, mineral, timber, leasehold or other interest of any kind and nature wt~atsoEVer, derived from, ' c o n n e c t e d w i t h o r a f f e c t i n g t h e w i t h i n d e s c r i b e d r e a l p r o p e r t y b u t n o t o t h e r w i s e s u b j e c t i o, c o n v e y e d a n d/ or s e c ur e d b y t h i s Z , mortgage, with the rigi~t of, but no duty upon, second party, its successors or assigns, to collect same: - . ~ ; I 17. First party witl comply with all the terms and conditions of any instrument heretofore or hereafter executed by j ~ j fust party in connection with the loan(s) secured by this mortgage. ~ ~ 18. If first party (or either of them, if more than one), his heirs, succassors or assigns, ar any assumer of the ~ 4 i indebtedness hereb secured files a etition in voluntar bankru tc for receivershi , for cor orate reor anization or for ~ Y , P Y P Y. P P B , ~ - ~ - i 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 ~rsi party, shaL have the right to declare all sums of ~ ~ ; money secured hereby immediately due and payable and in default whether ihe same are so due and ga}~abl~ sn~ i:: ~~fs~1.t ~ ~ by the specific terms hereof or not. - ; ~ 19. This instrument is subjeet to the Farm Credit Act of 197! and all acts amendatory thereof and supplementary ~ ~ tiiereto, and regulations issued thereunder. All rights, powers, privileges, optians and remedies conferred upon and given to i ~ ~ second party are cumulative of aU other remedies and rights ailowed by law, and may be pursued concunently, and shall ~ _ ~ extend to and may be exercised and enjoyed by the successors and assigns of second party, and by any agent, offic~r, ~ ~ ~ attorney or representative of second party, its successors or assigns. All obligations of, and assignments by, ~rst party herein ~ ~ and hereunder shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of fast party. i _ ~ - - _ _ ~ ; IN WITNESS WHEREOF, first party has hzre~:~t+~ set his hand and seal (and_if first party is or includes a ~ ' corporation, it has caused this instrumeni to be executed, sealed by its corporate seal and deli~~ered by its duly authorized :i E~ ofC~ers), this the day and year fust above written. ; ~ - ~ - = ~ ~ - Si&nP led and Delivered ' d'L'~ I ~ ~ in the ;esence of: (SEAL) ~I - ; y,~,~~. _ ~ - _ ~ -~r,ii ~~--~"a'~ (SEAL) I . ' - ~ ; ~ . T - - ~SEAL) ~ Y ~ - 3 ~1 _ _ - , _ - ~sEnl.~ $ ~ . - - _ - - ~F 1 _ ' ' - ' _ . ~ ! . - ~ - - ~ ~ . _ ~ . ~SEAL) ~ - ~ - ~ ' + 0 R ~ (SEAL) . - ~ F ~ c~~ c~ I ~ ~ BOQI~+~C.~ PAGE~V~4 s ~ (SEAL) ~ ~ . = . , i ~ _ - ~ _ } ; i - - - _f ' . . - - , ' - ~ ' i.;_. _ _ _ " - ;