HomeMy WebLinkAbout1168 prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sutras which would be then due under
this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; Ib) Borrower cures ;
all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable
expenses incurred by Lender in enforcing the covenants 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 tees; and
(d) Borrower takes such action az Lender 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 unimpairrrd. Upon such
payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if
no acceleration had occurred.
20. Asdgwosest o[ Rents; Appointment of Receiver. As additional security hereunder. Borrower hereby assigns to
Lender 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 a: ibey 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 be applied first 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 reazonabk attorney's fets, and thep to the sums secured by this Mortgage. The receiver shall be liable to account
only for those rents actually received.
21. Future Ad~aaces. Upon request by Borrower, l.cnder, 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 accordartce herewith to protect the
security of this Mortgage. exceed the original amount of the Note plus USS.~.
22. Reie~e. Upcxt payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge
to Borrower. Borrower shall pay alt costs of recordation, if any.
23. Attorney's Fees. As used in this Mortgage and in the Nate, "attorney's fees" shall include attorney's foes. 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:
~ ~ (Seal)
Charlene Bar- • • • • • -~rra~r
~'r-_r.-v C~-.~G~,.)Gh . ~.u}?.r21p.-,-1 I~` t~..~ ..........(Seal)
•Annie ~chwari ~ ~,r,nwe,
Angela M. Botz
STATE OF MICHIGAN) SS.
COUNTY OF CALHOUN )
I hereby certify that on this day, before me, an officer duly authorised in the
state aforesaid and i_n the county aforesaid to take acknowledgements, personally
appeared Wilhelm Botz and Angela M. Botz, his wife, to me known to be the persons
described in and who executed the foregoing instrument and acknowledged before me that
they executed the same for the purpose therein expressed.
Witness my hand and official seal in the county and state aforesaj.d this 21st day
of February, 1979. i'~
:
z%-1~ ~ •
James M. Sullivan ~
Notary Public, Calhoun County, Michigat~`~~_
~ My Commission Expires: August 15, 1981• .
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