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Home My WebLink About0952 , !i ~ _ - , _ - - -=-_li ~ , ~ I ~ i ~ gruwing ~po~? thc~ ~id marigagad premises at ihc tintc of ~ling suit for foreclosurc hereof and the?~after, and all c~i the rents, ` _ issues, and pco~ts uf the said mortgaged premises unpaid aii~l uncollected at the time ~~f filing suit far tureclosure hereof and thereaftcr, and upon filing suit for foreclosure, or at any time thereaftcr, seconJ part~ sh;~ll bc entitied to t?avc a receiver ap~wintrd ro takc rharge c~f tlic said murtgabc prciiuscs and the crops sawn or growing thcreun, togcthcr with thc said rents, : i issucs, and proCts a~ising thercfrom and hereby assigneu, a~id hold the san~e subjc.t to Ihe urder and direction of the cuurt. ~ ~ 10. First party covenants tl~at hc wiU nat Exrform c?ny act which mi~l~t impair or tcnd tu impair thc continuation on ~ ~ ~ the pruperty herein ctc~cribed of all crop allotments and acreage allotments now established ar l~ereafter established un any uf ; ! the pro~rty herein described. ~ ~ 11(a). !n the event second party becomes a party to any legat proceed:ng (excl;:ding an action ta forecluse this ~ ~ mortgage or to cullect the debt I~ereby secured), involving this nwrtgage or the premises described herein (including but not ~ b ~ li~~iited to the title to the lands described ab~~~e second art ma ~ also rer.~~~~er uf first I ' ~ p Y y party all costs and eYpenses : reasonably incurred by the mortgagee, including a reasonable attorney's fee~ ~vhich costs, expc:nses and attorney's fee when ~I : ~ ~ . paid by second party shall becume a part of the dc5t secured hereby and shall be immediately payable upon demand, and ~ sl~all ~raw interest from the date af advance by second party until paid at the highest rate provided in any note or other , ~ ; instrurnent secured hereby. ; ~ j 11(b), ln the event said debt, or any part tl~ereof, is established by or in any action for foreclosure of this mortgage, I f i se~ond party may also recover of first party, in addition to 1he said debt or so n~uch thereof as shall be unpaid, a reasonabte ! 7 ~ fee for the atlorney of second parry for professional services rendered in such action, such fee to bP incorporated in the ~ - decree of foreclosure in such actia~. ~ ~ 12. ~ First part}-shall hold and enjoy the said prenuses until default in payment of any of the iristallments as pravided ~ ~ in ~aid note or other instrument secured hereby c~r a breach of any of the covenants or conditions of said note or other ~I i +r~strument secured hereby or this mortgage shall be made; however, any agent or employee of second party or any person - ! designated by second party may enter upon said Qreinises at any time for the purpose of inspecting san~e or for any other i~ ~ 1 purposes desired by second party. - ; j 13. AlLamounts tlzat may hereafter be awarded for condemnation of, and waste and tortious injury to, any of the ; ; property hereby encumbe~ed are hereby assigned and shall be payable unto second party for application, after payment ~ ; therefrom of attorney s fees and expenses incurred by first party and by second party in connection therewith, on such part ~ ` ot the indebtedness secured hereby as second party may deternune, with no duty on second party to collect same. ~ ! i 14. First party agcees as a conditian hereof that all obligations, assignments, releases of real property and/or personal I ~ liability, reamoriizations, renewals, deferments, extensions or any other ag;eement, in writing, made by any one or more of i ; the parties herein designated as first party with second party are hereby authorized and consented to by all parties herein ~ designated as first party and shatl extend to and be binding upon the tieirs, executors, administrators, successors and assigns 2 ; of all the part~es herein designated as first party. . ~ ~ ~ ~ ~ ~ I5, First party agrees as a conditian hereof that if a conveyance, lease or other disposition should he made ' ~ ! voluntarily by first party (o~ by any one or more of the ptirties designated lierein as first party) of any title or interest in and i r to the real property described above, or any part ihereot, without ths written consent of the lawful holder of this inort~age, ? ; ~ or if such tide or interest ot' fust part} (or of any one or more of the parties designated herein as first party) is involuntarily i~ ; conveyed or transferred as the result of foreclosure of a junior lien or is required under court order or decree as the result of ~ ~ litigat:on .(conveyance or transfer of title or interest resulting from death of first party, o~ any of tr~e first parties, if more i ; j than one, excepted), without the written consent of the lawful holder of this mortgage, then and in either of said events, and i~ = at the option of said holder, and without r.otice to the first Qarty, al! sums of money secured hereby shall become due and ~ ! payable and in default immediately and concurrently with such conveyance, transfer, lease or other disposition, whether the .,~jc, same are so due and payable and in default,by the speciCc terms hereof or not. - : ~ 16. Second party shall have the right, exercisabte at its discretion so long as this mortgage is in furce and effect, to ~ „ ~emand in writing the assignment of. and transfer to second party, its successors and assigns, and first party hereby agrees to so assign and transfer, any and all rents,_pro±its, royalties, incame or othPr cons~deration to be paid or accruing to ~rst party ~ from any oil, natural gas, mineral, timber, leasehold or other interest of any _kind and nature whatsoever, derived from, i connected with or afteeting the within described real property but not otherw+ise subject to, conveyed and/or secured by this i ~ mortgage, with the right of, but no duty upon, second party, its successors or assigns, ta cotlect same. _ ( 17. First party will comply with all the terms and conditions of any instrument I~eret~fore or hereafter executed by ` ~ ~i ~ust p3rty in connection with thc loan(s) secured by this mortgage. _ ~i z .;i - !8. If first party (or either of-them, if more than one), his heirs, successors or assigns, or any assumer of the ~ indebtedness hereby secured, files a petition in voluntary bankruptcy, for receivership, foc corporate reorganization, or for ~ other debtor relief of any character ~r kind, or is adjudged a bar,krupt, then and in the event, and at the option of the second ;j _ = party, its successors and assigns, the secorid party, without notice to the first party, shall have the right ~to declare all sums of ~ ~ money secured hereby immediately due and payable and in default whether the same are so due and payable and in default `i = by the speciFc terms hereof or not. _ ~ l l. This ins!run~ent is subject to the Farm Credit Act of 1971 and all acts amendatory fhereaf and suppiementary ~ ;I thereto, and regulations issued thereunder. All rights, powers, privileges, options and remedies conferred upon and given to ~ '1 second party are cumulative of all other remedies and rights allowed by law, and may be pursued concuzrently, and shall ~j ~ ~ ~ extend to and may be exercised and enjoyed by the successors and assigns o~' second party, and by any agent, officer, ~ aitoiney or representative of second party, its successors or_ assigns. All obligations of. and assignments by, first party herein ~ - ~ and hereunder shal extend to an~i be binding upon the heirs, executors, administrators, successors, and ~ssigns of fust party. ; _ ;f 3. - IN W1TNF.SS WtiEREOF, first party has hereur.to set his hand and seal (an~ if first party is or includes a ! - corporation, it has caused this instrument to be executed, sealed by its corporate seal znd deli•rered by its duly authvrized ~ officers), this the day and year fust above written. E; ~ - _ ~ _ - - ~ ~ ~ ~ . ~ ~ ~ ; e Signed, Sealed and Delivered _ - ~ ~ ! _ in the pre ce of: ` ~ t~1"~ _(SEAL) ~ ;s . ft ~ F3~ssakis , ~ x ,I i _ - `=i--- ~ ` ~ ~ l~ L~k~~ (SEAL) ' ~ ~ :4 ;I ~t~ . , ~ . She11a Rus k' S ~ ~ `'iZ - (S~AL) {i ~ i i~ ~ (SEAL) ~ - - ~ ~ _ i ~ _ _ . _ ~i 2 ;I . ~ - ~SEAT.) - ~ ~ - : .1 ~ ; ~ . i . . (SEAL) ~ _74 ~ 8001(~'sV ~14 (SEAL) i~ 3 ~ - ~f - ~I ~ ~ . ~ =-1 ~ ; . ' ~ : _ . - - ~