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HomeMy WebLinkAbout0945 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 occurrtd; 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 fees; 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 oblijtation 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 effect as it no acceleration had occurred. 20. Assigtamewt of Reatsti Appoistmeet of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents o[ 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 ac they become due and payabk. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a eourt 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 reasonabk 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. Fntws Advaacrs. 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. noses stating that said notes arc 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. Reuse. Upcln 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. Attoreey'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. Si~, sealed and delivered idshc _ ce of: G~.a%~F~~o P~%e ~ci~~ A _ ~y vL ~ / ~ (Seal) y~ / . z= STATE OF l~L6t(tL~(, ......SOU?H .p1M~R 1 ~A kld~4rf~/ ss: i I hereby certify that on this day, before me, an officer duly authorised in the state aforesaid and in the county ' aforesaid to take acknowledgements, personally appeared..AlfredQ.~,. Ort;i,~,~lnd„f~l,iz~beth de ,Ortiz,, ~ ...his .wife to me known to be the person(s) described in and who executed the ~ foregoing instrument and acknowledged before me that..t~ey........executed the same for the purpose therein F expressed. + - WITNESS my hand and official seal in the county and state afores ' ....20tk~.......... .uay of g ....September 19.79 eJ,C•~` CR~ ~ My Commission cxptres: L ~ ~ ~ ~ ~ o ~ ~e a„~^.iza esta Ac~7~`a~ion sin impuesiu '~,t,~ ~•ir tiM~t i.i::bfe coliiorme al Cecreto 2~~2 de 1979. hicie;~n las adve;ten^ias y preren~ones ..~rme al mismo decreto. (Spsce [delow TAis line Reserved Fa Lender and Recorder) rt r i . '.'!9 CSI ~ J F"~ _ _ a= fILfC G,C RClGER P'~~~-:~'.- . ClEf.it C" ~ r ; ~s..~' 4621'71 - ~,Y . ~ ~ ;r 318rlGE y44