HomeMy WebLinkAbout0926 prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender al) sums which would be then due under
this Mortgage, the Note and ootes securing Future Advances, i[ any, had no acceleratio~ occurred; (b) Borrower cura
al) brwches of any other rnvenanu or agreements of Borrowor contained in this Mongage: (c) Borrower pays all reasonable {
expenses incurred by Lender i~ enforci~g the cove~agts and agreements ot Bocrowe~ contained in this Motigage and in :
enforci~g Lende~'s remedia as provided in pangraph 18 hereof, including, but not limited to, rcasonable attorney's fas; and ;
(d) Borrowe~ taka such actio~ u Lender may reasonably rcquire to assure that the lien of this Mortgage. Lender's interat ;
in the P~operty a~d Borrower's obligation to pay the sums securcd by this Mortgage shall oontinue unimpaired. Upon such
payment and cure by Bormwer, this Mortgage a~d the obligations securcd hereby shall remain in full force and effect az if
no acceleration had occurred. ;
20. Assi~ameat ot ReaM, Appuintmtat ot Receirer. As additional security hercunder. Borrower hereby assigns to ;
Lende~ the rents of the Propeny, provided that Borrower shall, prior to acceleration under puagraph 18 heroof or abandon- " `
ment of the Pruperty. have the right to collect and retain such rents as t6ey become due and payable. ~
Upon accekration under paragraph 18 hercof or abandonment of the Property, Len~er shall be entitled to have a '
receiver appointod by a ooutt to enter upon. take poasession of and manage the Property and to collect the rents of the ~
Propeny, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of ~
management of the Propeny and collection of rents, incl~~ding, but ~ot limited to, receiver
s[ees, premiums on receiver's ~
bonds and reasonabk attorney's fces, and then to the sums secured by this Mortgage. 'Il~e receiver shall be liable to account
only tor thase rents actually received. ~
21. Fainre Ad~a~cea. Upon request by Borrower, I.ender, at Lender's.option within twenty years from the date of this
Morigage, may make Future Advances to Borrower. Such Future Advances. with interest thereon, shall be secured by this ~
Mortgage when evidenced by promissory notes stating that said notes are socured hereby. At no time shall the principal ~
amount of the iadebtedness secured by this Mongage. not including sums advanced i~ aoeordance hertwith to ptotect the ~
security of this Mortgage, exceed the origi~al amount of_ the N+nte plus USS.
22. Relea~e. UpQn payment of all sums secured by this Mortgage. l.ende~ shall release t6is Mortgage without charge ~
to Borrower. Borrower shall pay all costs of recordation. if any.
23. Attoraey's Feea. As usesi in this Mortgage and in the Note, "attorney's Fces" shall include attorney's fees. if any, '
which may be awarded by an appellate court. ~
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IN WITNESS WHEREOF, Borrower has executed this Mortgage.
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Signed. sealed and delivered . ~
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in the presence of: ~
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~C~~/!~'.~~~~ * - ~4 . . . . . . . . _ . . . . . . . . . . . . . . . . • ~ . • ~ . ~ ~ . L ~ . . . . . . . ~~7GG~~ i
F~ederick B. Smith ~O^ON1°' ~
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STATE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . .COllilty SS: f
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I hereby certify that on this day, before me, an officer duly authorized in the state afo and in the county
aforesaid to take acknowledgements, personally appeared F'Y'ederiek B. Smith~ _ a s~e man
• • - • • • . • • . . . . . . . . . . . . . . . . . . . . . . . . . . fo me known to be the persort(s) described in and who executed the
foregoing instrument and acknowledged before me that. ..he. ........executed the same for the purpose therein
~ expressed. •
:
31st ~
f WiT ~~c~y hand and ofi~icial scal in the county and state aforesaid this. . . . . . . . . . . . . . . . . . .day of ~
~ .................................19..78... .
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My Commission exp~res: ' " . ~
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~tified in Ontar"a Count~ ` ~ ~'~.gy~,,~,,,,•'~.~' _ ;
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