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~_.e } COUNTY OF RArrtR That Wei...B.....P-....l'fetffer....Mqor..~f.."tIle'... S~~...~~~:~!.~~c~fy.~.~~n~~...~.~~.:.~~~~'h~r\1t~\\e?~a~til5lrttlgcJe i~~.tPeration of the sum of one dollar to me in hand paid by................J.A,..!~te...s.tate...laak.....La..IbZ'&e.....................................................1 a corporation hereinafter called bank, ,and for other valuable considerations, receipt or w"blch is hereby acknowledged, have Dargained, sold and conveyed, and by these presents bargain, sell an~ convey unto said bank, its successors and assigns, the following described personal property, now located and situated in, "the County ~f....................IJaR'l.&........, State of........~....e..............., to-wit: (U mortgage covers growing crops, state the kind and the approximate number of acres of eael!' hi!, describe all livestock, give number, Iflnd, age and brand) The State of KNOW ALL MEN &HESE PRESENTS: Form 0-2 4-17-47 . . together with all of the increase of, from and to, the above described properb', prior to the full payment of the Indebtedness hereinafter referred to. Also aU other cattle, sheep, hogs, horses and other livestock situated in said County aforesaid now owned, or that may be hereafter acquired, by said mortgagor, until this mortgage is relE"llsed in full, save and except Ruch livestock as ma, be herein espeeially reserved., TO HAVE AND TO HOLD all and sinsular the above described property unto said bank, its successors and assigns forever. And I do hereby bind myself, l,Dy heirs, executors and administrators to warrant and forever defend the title to said property, and every part thereof, unto said bank, Its successors and assigns, against every person whomsoever, lawfully Clilllfting or to claim thc same, or any part thereof. ' This conveyance, however, Is intended as a mortgage to secure said bank, Its successors, and asslJrns, In the payment of certain Indebtedness due . and owing by me evidenced b'_____ODe--____________________.certain promissory note____, as follows: One note dated Jaq,uar, . 1963 -----due.oft-.GI'_-IM!f...1QBe 30, 196:l -for ..-33..JU.-U---- One note dated_.____________.__~~___.due__.______.___--.---------for .....-----.------ and as well to secure the payment of all other Indebtedness now owing said bank,' and any and all Indebtedness hereafter to become owing said bank, Its SUCCl'llSors, assigns or legal representative, whether evidenced by note, overdraft, or otherwise, which said Indebtedness now or hereafter owing It Is agreed Bhall'be payable to the ordcr of said bank at Its office In - -~f.-e.... ' and bear interest at the rate of ten per cent per annum from date of accru nt , a!d e shall stand secured by and payable under this mortgage with the o~er indebtedness herein mentioned. provided, however, that It Is hereb, eJ:pressly stipulated, and provided that a first and prior lien Is hereb, expressl, fixed on the propert, above deserlhed to secure the note, or notes, above specifically named, and the payment of all oth er Indehtedness by the maker hereof subsequently occruinll', or not deflnltel, and partieularl, named herein, shall he postponed and subordinated to the pa, ment of the note, or notes, above named, and a first and superior lien Is hereb, declared and fixed on the ahove described property to secare the note, or notes, above named alld described; and provided further that the payment of an, other indebtedness of the maker hereof, not definitely and particularly named herein, C!ut of the proceeds of the property above described, shall be made In the order In which said Indebtedness may have been contracted, This mortgage is given and received for and upon the representations, lllr1"Cements, stipulations and conditions, made for the purpose of Inducinll' said bank to part with certain moneys herein mentioned and accept the security herein given It, as follows, to-wit: (1) That mortgagor is the full owner of said property and has perfect rill'ht to give this first mortgage upon the same, unleu a Qualified ownership Is herein expressly named; (2) That so long as the possession of said property Is permitted to remain with mortgagor the same shall not be sold, mortgsged or removed from the place above named without the written consent of the bank and that mortgagor will' use the ubnost diligence and care to preserve said property from waste or destruction, and have the same forthcoming for delivery to the bank. or purchaser In as good condition as the same now is, unavoidable loss alone excepted: (8) Such of the property herein conveyed as is livestock, the mortgagor binds himself, at his own expense, to provide with food, pasturage and attention, and to Kive the s~e all the attention which the ,most prudent person would Kive his own property in making the same suitable for market under the most favorable circumstances: (4) That said property is of the reasonable aggregate' cash value of .__.._______.__at the execution and delivery hereof. It is understood that the mortgage lien hereb, created shall extend to an, renewal of the indebtedness hereby secured and this lien shall continue and be In foree until all the indebtedness above referred to and each and every extension and renewal thereof shall have been fully paid. It is further agTeed between the parties that if at any time the said mortgagor should move or attempt to move all or any part of the above described property outside of the County where the same Is situated as above stated, or If at any time In the judsment of said bank the said property should be neglected, Injured or abandoned or otherwise mistreated or handled so as to impair the said bank's securit, or render the bank Insecure, or If the. mortgaKor witbout the consent of the bank should surrender possession of any of said property or sell any part thereof, or If the morta'aKor should' violate any of the otlaer conditions of this mortgage, then, and In an y such case, the said bank, at Ita option, may declare all of the Indebted- ness above referred to immediately due alld payable and proceed at once to enforce collection thereof In the same manner as if the' full time for the maturitY of the same had lapsed. In the event that more than cine note Is secured by this mortgage, and default Is made in the payment of the first whell due, then the remaining indehtedness may hc declared Immediately due at the option of Baid bank. It is expressly agreed and stipulated between the partl... that In case default be made by Bald mortgagor In the payment of the indebtedness above described when the BlIme becomes due or is declar"'" due and payablc accordlnrr to the terms hereof, then the said bank shall have the right through Ita agents to take Immediliie possession of all of said property and to either sell the same at private sale without notice to said mortgagor, or sell the same at pu~llc sale in the manner prescribed by law: or the said bank may, if It ,elects, enforce Its lien by suit in the Court of proper jurisdiction. The said mortgagor hereby specially waives all right of appraisement. An attorney's fee of ten per cent. of the amount of the principal and Interest of the Indebt- edness remain inK unpaid shall be taxed and made a part of the costa of foreclosure. It is also agreed that nil cxpense in connection with the securing, takinK and carine for any property above described or the gathering and marketing of an, crops shall he borne by said mortgagor and secured by this mortgage. , Upon paYment. in tull of the Indebtedness secured by this Instrumeil t the same shall be cancelled and released at the expense of the mortgagor. The taking of this mortgage shall not waive or Impair an, other secarity said bank ma, have or hereafter BCQulre for the payment of the above indebted- ness nor shall the lakinK of any such additional security waive or impair this mortgalrS, but said bank may resort to any security It may have In the order it may see proper. A 'bill of sale hereunder from the said bank or any of Its agents, officers, attorneys, or assigns, as such. conveying the said propert, or any part thereof, shall be full and conclusive evidence and proof' that all of the terms, conditions, and prerequisites required herein have been fully complied with: and said mortgagor hereby ratifies and confirms any and all acts of the said bank, Its officers, agents, attorneys and assisns, done under and by virtue hereof. It Is further asreed and stipulated between the parties hereto that In the event the bank should exercise its option to declare all of the indebtednesB above referred to, Immediately due and payable and proceed at once to enforce collection thereof, in the same manner as If the full time for the maturity of the same had elapsed; by reason of any of the foregoing actions on the part of the mortgagor, that then, and In that event, by the term "indebtedness" Is meant the full amount of the principal and interest due b, the mortgagor at the time that the bank exercises such option. In no event shall the baDk eollect or attempt to collect any unearned interest on said Indebtedness at the time that the bank so exercises such option to declare said indebtedness due, but all Interest Inclucjed in the face amount of the note applicable to a period after the accelerated maturity shall con.stitute a credit against the face amount of the note, and all Interest p:lId in advance and apphcable to a period after the accelerated maturity shall constitute a credit on the amount of Indebtedness, as above defined, then lawfully owing on such note. fI Eras~ and interllneations made and approved before slsnlne. Witness_-'l1lr___hancS..._this the___.__._...__________day of_ AmST: ~_LD."# B: s: fer. o. 1 of La porttt (r/.. . Clovis D. Mal'JD. ell:)' Cleft. Citi-of-- La Porte Exeeuted and delivered In the p,resence of the underslsned: