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HomeMy WebLinkAbout0886 ( 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 nM~ er•,~ri~~ R+~t..?r Advances. if any, had no acceleration occurred; (b) Borrower cura ! all breaches of any other rnvenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred .by Leader in enforcing the covenagts 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 foes; and (d) Borrower takes such action as 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 unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereoy alti remain in full force and effect ss it no acceleration had occurred. 20.. Aasigaesent of Rests: 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 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 be applied first to payment of the coats of management of the Property and rnllection of rents, including, but not limited to, receivers foes, premiums on receiver's bonds and reasonable attorney's foes. and then to the sums secured by this Mortgage. 'Ilre receiver shall be liable to account only for those rents actually received. 21. Ftatrare Advaacea. Upon request by Borrower, (.ender, 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 sceured 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. Release. Up(xt 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. Attoraey's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall 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: ' C / ~ Q..i~%~f ~..C../ Seal) M.,/S i ba j a l _ -ref ? . ~/~a ~Ib:G?`!~!~ . ~ ;1;~? (Seal) M. Dolores Sibaja ~ STATE OF ~i(1~1(I~t~1, CD,STA .~31 CA ....................ddthrf~ ss: 4 F a I hereby certify that on this day, before me, an officer duly authorized in theastate aforesaid and in the county aforesaid to take acknowledgements, personally appeared M.. S.ikaja . ao~. !1, .OOI ores .S i ba,ia, .h 15. W.i fe to me known to be the person(s) described in and who executed the - foregoing instrument and acknowledged before me that...the~?.......executed the same for the purpose therein ! expressed. ~ WITNESS my hand and official seal in the county and state aforesaid this.........3Cd............day of ....Sept:ember 19..7... I My Commission c~rtPe~~ i S fOr 1 i fe. ~l e i . . . . . . . 2 tSM~] ~ LIL. 1C~Gf f ALAS AG';lIAR Ano~aeo v t:or~H~o 5AN JOS Cam'-• : A F ACA • t~ (Space Below This Line Reserved For Lender and Recorder) . _ Fi~EO ahc ~EC~n:iti~ ST. LUCIt: C^UNT Y. Ft - RGGER F'OIT 7A5 a CLERK CIkCf'ET Ci.~~~~'r- - 4613'7 . n(~~Y 3~8 YaGE ~5