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HomeMy WebLinkAbout1144 ,~h~,,l oSt~E trolzlo-l~ `3~y31d lao~ prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage. the Note and notes securing Future Advances, if any. had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader in enforcing the rnvenagts and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's feea; and (d) Borrower takes such action as lxnder may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and e(iect as if no acceleration-had occurred. 20. Aseigomeot of Rears; Appuiattnent of Receiver. As additional security hereunder, Borrower hereby assigns to 1_ender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 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 or abandonment of the Property. Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall bt applied first to payment of the costs o[ 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. 21. Fotnre Advances. Upon request by Borrower, Lender, at Lender's option within twenty years from the date of this Mortgage, 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 secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS.. • 22.- Rtdease. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall ittclude~ ~ttornejrt9 ~feei% if any, which may be awarded by an appellate-vourt. ~ ` IN WITNESS WHEREOF, Borrower has executed this Mortgage. 1~a3'7~i '7~; '7n ~ Signed, sealed and delivered = 5 ~ in the presence of: obert~ H. -Wal thour -eoRO.e. . t.l?~.~s CGt:tt,...l~ic.~.L :..I~ 4C.L~:-t,.... ..~Y.4Z~..~c..~C,~ ...(Seal) ~ n E. Wa I t hou r -•6o.rower STATE OF !~L~rD~A . ...............CAL I FORN I,A r~....... , ~i~; 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... Robert ,H: _ Wa,l.thou~_ and ,Joan. E,., _ , _ , , , , , . , , , Wal t:hour,. ,h i s, wt fe , , , . , , , , . to me known to be the person(s) described in and who executed the 'i foregoing instrument and acknowledged before me that... they, , , , , , ,executed the same for the purpose therein expressed. . Wtrrless my hand and official seal in the county and state aforesaid this..... 9th ...............day of F .............1larcb.............,19.I9.... 4 ~j~~ /l My Commission cxptres: ~!L!/.~L'~d71/J'' ~ - - - - [SNq•- • Notary Pubtic wiwiw a r?FFICIAL SEAL OFFICIAL SE/?L CAROL ANN PECK • ' NOTARY PUBUC - CAUFORNM PRINCIPAL OFFICE IN ATE OF CALIFORNIA ) MoNiEREr CouNrY ~.:,~L;:TY OF MONTEREY ( ss' t»1 My f~otntttissioe Expires September 12, 1981 ' I, ERNF.ST A. MAGGINI, County Clerk of Monterey County, State of California, and Clerk of Superior Court for said County and State, which is a Court of record having a Seal, do - i;ereby certify that CAROL ANN PECK ~.~},use name is subscribed to the certificate of the proof or acknowledgment of the annexed iast~rument and thereon written was, at the time of taking•such proof or acknowledgment, a 'rotary Public for the State of California, with principal place of business in the County :~t Monterey in said state, duly commissioned and sworn and authorized by the laws of said '-rate to take acknowledgments and proofs of deeds or conveyances for lands, tenatnents and ::~reditaments in any part of-said State; and that the impression of his official seal is r:;~t required by law to be filed in the office of the County Clerk. And further, that I am ~..~11 acquainted with the hanc~rx~ti,ng of said above named Notary Public and verily believe Ti~at the signature to sai).:_-ctr>•33tate -of proof or acknowledgment is genuine. . -•t,--.• In testimony whert~uf'I Aeve tteieetutto set >ay hand and affixed the seal of said Superior ~ ~,~o~.:rt this 7th day ~o~~=, l~rch~ 19'j9 ~ mil ,ra.... ' k ~~ERK s., BUC~K~ PAI;[~~,~ County Cler an Cler o t e uperior ourt of the County of Monterey, State of California ' R......