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HomeMy WebLinkAbout0175 ' prior to entry of a judgment enforcing this Mortgage it: (a) Borrower pays l.ender sll sums which wouid be then due under this Mottgage. the Note a~d notes securing Future Advances, it any. had no acceleration occurred; (b) Borrower curcs all breaches of any othe~ covenants ur agreements ot Borruwer contained io this Mongage; tc) Borrowe~ pays ali reasonable expenses incurred by Lender in enforcing the covenaqts and agraments ot Borrower contained in this Mortgage and in enforciog I_ender i remedies as pravided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fees: and (d) Borrower taka such action as l.ender may reasonably requirc to assure that the lien of ihis Mongage. L.e~der's in~erest in the Propetty and Borrower i obligation to pay the sums ucurtd by Ihis MoNgage shall co~tinue unimpaired. Upon such payment and cure by B~nowe~, this Mortgage and the obliga~ions secured hereby shall rcmain in full force and effcct as it no acceleration had occurred. ~ 20. As~ament ot Reat~ Appointmeat of Receirer. As adJitional security hereundcr. Borrower hercby assigns to I_ender the rents ot the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hercof or abandoR- ment ot the Property, have the right ta collect and retain such rcnts u t6ey become due and payabte. Upon acceleration under paragraph 18 hereot or abandanment of the Property, l.ende~ shall be entitled to have a receiver appointed by a court to enter upon, take possessian of and manage the Property and to collect the rents of the Property, including thoae past due. All ren~s collecteci hy the ra;eiver shall be applied fi~t to payment of the costs ot management of the Ptopeny and collection of rents, including, but not limited to, roceiver's fea. premiums on receiver's boncis a~d rcasonable attorney's fees, and then to the sums secured by this Mortgage. 77~e receiver shall be liable to account only tor those rents actually received. 21. ~rture Adraoca. Upon request by Borrower, l.ender, at I.enJe~'s option within twenty years from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with inte~at theroon, shall tx secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not i~cluding sums advanced in accordance here~vith to protect tho security of this Mongage. exceed the original amount of the Note plus USS."""'.:"-'.""'-"". 22. Reka~e. Upan payment o[ all sums secured by ~his Mortgage, l.ender shall release this Mortgage without chuge to Borrower. Borrower shall pay all costs of recordatiun, if any. 23. Attoraey's Fees. As ~csed in this Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any, which may be awuded by an appellate court. • IN WITNESS WHEREOF, Borrowcr has cxccutcd this Mortgagc. Signed, sealed and delivered in the presence of: /{~-i` / `~'i- ' • ~?...j:~~.../ Ralp F.~ Kishel . ..-e(on~ow~e~ . J,~~~~- ~ . Bernice A. Kishel --eo.?~~ STATE OF ~,~Ii?, . . . . . . . .MINN.ESOTA . . . . . . . . . . . . . . . . . . . . . ~(~~i~~t~ ss: AKD~ 1 hereby certify that on this Jay, before mr, an oflicer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgrments. personally appeared. Ralph_ F:.Kishe_t _and Berniee A: . Kishel~ _ _ , . p,i~s ~i.fe, , , , , , , , , , , , , , , , , , , , , , , to me known to bc the person(s) described in and wha executed thc ' (oregoing instrument and acknowledgcd before me that. they. ,..,.__..:e~Uted the same for the purpose therein expressed. f ~ W~TNess my hand and official seal in the count~~ ~and state aforesaid this. . . . . . . . .~lst, . , _ , , _ , _ , .day of s . . . . ~Tariue~rX . . . . . . . . . . . . . . . . . . . . 19 .~9. . ~ My Commission eapires• -~~-79' p~ e~~~g,~ ; ~ . . . . . . l. . sr•~~1~!"'..'.~l.cJ . . . c . . . . . L'`: ~F~ . . . . . . . . . . . . . . S [S~afJ ~1ot,ry Puwic ~ ~ _ § ~ ' ~ . ~ ' ~ . . - ~ ~ (Spsce Be1ow Tnis l~ne Res~nsd For Lender and RecorOeh ~r w ~ ~ ~ . TEiE£ ~a1230~_ 'Ii~~t~'~;-1i _ - - :,E~;~v ~,E~ 3nn3ne ~ ~ ~u~~c :f~ {:,:;i; ± ;r, . ~ ~ . ' . . /~IVY~WOJ ~Jl~rbU,IJIVI ~ f~i ~ L.~v~..lli~l ~ 3~4~~ ~ ' 19 ~ `7 F'~~ ~ ' 3s ~ . ~ uR R~ ~ ~ ~ ~oG~ 3U4 1?5 ~ ~ ~ ~ ; ~ s _ _ _ - . - _ , : ~ . ~ _ _ _ ~ ~ '