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f , <br />$~-Q(~0548 <br />.~~..~w,.._. <br />~~ _.___._ __~,A, _ .rM _...,._ w. ___ _ _..._ ~. _ .....,__ __ ~ ._ _.." _ _ . _ <br />(g} That in the event any awards ere made to the Mortgagors or their successors In Interest for taking or damaging <br />6y the exert is3 of eminent domain the whole or arty part of the mortgaged premises or arty easement therein, the said <br />awards are hereby assigned to the Mortgagee; tine Mortgagee is hereby authorized to collect, receive, and receipt <br />therefor and to apply the same Sn payment of any indebtedness, matured or nnmetured, secured Dy this mortgage. <br />--~7}-, That in the event Mortgagors default in the payment of said principal sum, or of any installment thereof, er <br />of aqy interest thereon, at the time when the sameshall be due, or with respect to any covenant or cdn_i __nn here- <br />of,-then, at the option of Mortgagee, the entire indebtedness secured hereby shall forthwith become due and Dayable, <br />shall- bear- interest at ifie default rate described in said note, and the Mortgagee may immediately foreclose this <br />morCgage ar parsec arty other available legal remedy. - <br />( -(-g} That -in--Cho event action Is brought to foreclose this mortgage, the- Mortgagee shall be entitled to Smtmedl eta <br />r -passessicn of-the mortgaged premisES; and the court may appoint s receiver to take pcss<ssian of said Premises, with <br />II! the usual Dowers of receivers Sn Iike cases. <br />i. ~9} -That-SS11u ~e-or -delay of Mortgagee to exercise any of its rights or privl loges shall not be construed aS a <br />f waiver thereof; that any act of Mortgagee waiving any specific default of Mortgagors shall not be construed as a <br />waiver of saty future defaults; that in ease-of detault in the-payment of say amortization insr,$1lments or interest, <br />.or '.n case di Dayment by Mortgagee of any.iien, Judgment, tax, insurance, cost or expense, or rents, fees ar charges, <br />- said.MOrtgagee shall have the privilege, wl thout declaring the whole indebtedness due and payable, to foreclose on <br />account of such specific default for such sums as are In default and such foreclosure proceedings may be had and <br />v the land described herein may be sold, aubJect to the unpaid SndeDtedness hereby-secured, and this mortgage shall <br />continue as a lien for any unpaid balance. <br />(t14} That Che Mortgagee may extend and defer Lhe maturity of and renew and reamortize ^ald'indebtedness, release <br />. from liability any Darty liable thereon, and release from the lien hereof portl one of the property covered hereby, <br />without affecting the priority hereof or the itabSiity of !Mortgagors or any other party for the payment o2 said <br />'~. indebtedness, ell such extensions, deferments, renewals, and reamortlzatlon~ to be secured hereby. <br />{ii) Transfer oZ Security. It is agreed between the parties Hereto, their heirs, legal representatives and assig[s, <br />'. that the integrity and responsibility of the Mortgagors comet?tutee a par*. of the consideration for the note secured <br />'.. hereby, and that ir. the event the Mortgagors shall-sell, transfer, or convey the oroperty tlescrSbed herein, the <br />'. Mortgagee xwy at 1*s option declare the entire indebtedness Smunediately due and payable and may proceed in the en- <br />forcemeat of Sts rights as on aqy other default in the terms of the ^ote and mortgage. _ <br />{12} Assignment of ^: oceeds oZ Mineral Lease. Mortgagors hereby *_ransfer, set aver, attd ^onvey to Mortgagee all <br />teats, royalties, bonuses, and delay moneys that may from tame to time become due and payable under any oil, gas, <br />or other miaeral lease of any kind now exls~ing or that may Hereafter come into existence, covering the above land <br />or arty part thereof. A21 such sums"so received by Mortgagee shah he applied 'c the indebtedness secured hereby; or <br />said Mortgagee may at its option turn over and deliver to r_he Mortgagors or their successors in interest, arty or all <br />of such sums without preJudics to any of Mortgagee ~s rights to cake and retain future sums, and without preJudlce <br />to aqy cf its other rights cinder this mortgage. The transfer and conveyance her=_under to Mortgagee of said rents, <br />royalties, bonuses, and delay moneys shall be comet: aed to be a Provision _*or the payment or reduction oZ the-mort- <br />gage debt, sub toot to the Mortgagee ~s option as herelnbetcre provided, Srdependent et the mortgage lien on said real <br />estate. Upon payment in full of the mortgage debt and t*,= release of this mortgage o2 record, t?Ifs conveyance snail <br />become imperative and of no further force and effect. <br />(Aords and yhrases herein, inc lvding tte ac knon.•ZPdp++xeni he reo;"", shaft b corn Trued as in the singular pr ~Zurai <br />rzusbers artd as +¢asculine, feaintine, or neuter ;ender, ac_or2ing to tine coniexi.- <br />;SEAL) Y (SEAL} <br />_ 1j Eldon Rluthe <br />( SEAL) ~4`Zc'c~' ~ Y.1_c_-Llr~ {SEAL ) <br />Dor s ut 1~ e <br />(sEaL} {seaLi <br />iSEALi (SEAL) <br />$mATF QF /• ebIXSLC <br />~/ ` ~ SS. <br />GIXINTY OF rT R ~` 11 <br />Dn this _~day Dt ~ ~~ ~ H..,.. _21i.{_, bet^re ~_ _ "to Cary ?ublic Sn and for said County and <br />State, personally appeared Eldon Kluthe and Doris Kluthe husband and wife <br />( Co me known to be the persons named in and who executed ti:e forageiag Instnrment, and acknowledged that they executed <br />f! 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