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HomeMy WebLinkAbout2943 prior to entry of a judgment enforcing this Mortgage it: (a) Borrower pays Lender all sums which would be then due under this Mortgage. the Note sad notes securing Future Advances, if any, had no acceleration occurred; Ib) Borrower cures all breaches of any other covenants or agraments o[ Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained is this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof. including, but not limited to, reasonabk attorney's [ta: and (d) Borrower takes such action as lender may reasonably rtquirc 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 Morigags shall continue uaimpaired. 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. Aadgsa~cat of Rents; AppoiMmeist 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 payabk. 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. A!1 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 i bonds and reasonabk attorney's fees, and thtn to the sums s~.:l.-cd by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. Fature Advaacea. 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 USt.----~----------_•s_-• 22. Release. Upgrt 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. Attorsey'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 t~~sence~f~ - / ` ~n Cletus J . H s ~z~~/ _ -~T°"^~ Natalie C. Haye~ ~Of°M1e' ~~(J ~ STATE OF ~~q~g 3I1 • ~ ~ ~ • • • • - . COUnty SS I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county s aforesaid to take acknowled ements, personally appeared....C~~tiLS . ~7 ~iay~s . Vld. Natalle. C... ~~ye$,, ,Y)~.~ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that..they.......executed the same for the purpose therein E - _ _ _ ~ expressed. i .WITNESS my hand and official seal in the county and state aforesaid this. .........5f:1'1........ i.day of _ .Octohe r.. . , 19 ?9 . My Commission expires: ~ - g [swq Notsry Public v M ~ rt p c.:..~v ~.;ri. ~ unty.:.i4^h / , ' s ~ : ~ t r ..+y. At'ai (Space BNow This line Resuwd Fo? lender end Recordeq a ~ p. .:it i;j ST.Ll:C1~ `:C:N~TY.FiI',. FOGrR i (11TRA~ r 465364 b~~X 319 Fy~E2930 ~ .