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HomeMy WebLinkAbout2771 - - prior to entry of a Nixigment enforcing thq Mortgage i[: (a) Borrower pays Lender all wtns which would be then due under this Mortgage, the Note•and notes securing Futuro Advances, i! any, hsd no aooekration occurred; Ib) Borrower carat all broaches of any other eovermats w a8t+eaments,Qt Borrower contained in this Mortgage; (c) Borrower pays all rwsonable expenses incurred by Leader in enforcing the covenagq and agreements of Borrower contained in this Mortgage and in enforcting Lender's rernodies u provided in paragraph 18 hereof, including, but got limited to. reaswtabla attor+ney`s lees; and (d) Borrower takes wch action a Condor may reasonably require to assure that the lien of this Mortgage. L.endet's interest in the Property and Borrower's obligation to pay the sums~secured ~ this Mortp,e :hall continue unimpairod. Upon such payment and cyro by Borr~o~wer, this Mortgage and the obliptiops secured hereby :ball remain is tuq [orca gad dted ss if no acceleration had occurred. - 2a Assigasesit of RaNs; A~oiintttsestt of Reeeilrer. As additional security lrerearnder,Borrower hereby assigns to - ` Lender the rents of the Property. provided that Borrower shall. prior to aceekration under paragaph 18 hereof or abandon- ment of the Property. have the right to collect and retain such rents as they become due and payable. - Upon acceleration under paragraph 18 hereof oc abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon. take poaseasion of and manage the Property gad to collect the rents of the Property. including those past due. All rents collected by the receiver shall be applied Stet to payment of the costs of management of the Property and collection of rents. including, but not limited to, receiver's fees. premiums on receiver's bonds and reasonable attorney's fees; and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. Tl. Plttue Aivatacs+s. Upon request by Borrower. Lender. at Lender's option within twenty years from the date of this Mortgage. may make Ftiture Advances to Borrower. Stich Future Advances, with interest thereon, obeli be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no tune shall the principal amount of the indebtedness secured by this Mortgage. not including sums advanced in accordance herewith to protect the security of the Mortgage, exceed the original amount of the Note plus USS. T2. Release. Upgn payment of all sums secured by thh Mortgage. Leader shall release this Mortgage without charge to Borrower. Borrower shall pay all coats of r+eoordation. if any. - Z3. Attortaey"s Fees. As used in this Mortgage and in the Not=. "attorney's foes" shop include attorney's fees, if any. which may be awarded by an appellate court. - - IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the presence of: _ - . AA Hubert ~S. Potter~~~~~ ~ ~o~rowe. . C~aft~ . J!~ . .!.2!'~.?.......... ~ I ~-c.a.J lt.:.. (Seal) Lots K. Potter -aa~... - STATE OF ~l(~1;~ . I~J R~LI.N ~A. !'Li~tFr`~.~ Gr'4~~G1'~a~CA~UAt~SS: I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared.. H~ttiet't. S...P.Qtter. and .101 S, K...P.Ottel.,... . ..h Z s. w.i.fe to the known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that ihtx .......executed the same for the purpose therein expressed. - WITNESS my hand and official seal in the county and state aforesaid this.......12th ............day of - , -.~anuat•y..... 19.79:... Cons!rii.~sign expires: R S 19 ba J t _ Notary Pubik \ S~ 3 l S A ~ - (space nelow This LiM Resawd For tenda~ and Recordaq a S94 Fit_ED t.t1C RECORD A: _,CtF ,fir:UtiSY, - 05ti££ VOR10l~ '3~2l3id 12i0~ R ii,, , ~ ~ F 3f1N3Ab 3~Nda0 LILT; - 4~~0 JINVdW00 3~Nd21f1SNl 31111 OJVOlHO 'i9 FEB 26 ~ 10:41 F i - booK3U3 ~~~~2767 E ~r - - - - - ,a~~., . Y ~ ~