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HomeMy WebLinkAbout1050 prior to entry of a judgment enforcing this Mortgage if: t'a) Borrower pays Lender all sutra 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 Lender in enforcing the covenatts and agrcements 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 rea;<~nahly r.quire to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums .:ecured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the ohiigations secured hereby shall remain in full fora and effect as if no acceleration had occurred. 20. Assigttmen! of Rents; Appointment of Rerei~er. 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 rnllect and retain such rents as they become due and payabk. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lendet shall be entitled to Nava a receiver appointed by a ~rourt to enter upon, take pos.,ession of and manage the Property and to collect the rents of the Property, including those past due. AI! 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, receivers foes. premiums on receiver's bonds and reasonabk attorney's foes, and then to the sums secured by this Mortgage. 'I11e receiver shall be liable to account only for those rents actually received. 21. Ftrtrrrt Advances. Upon request by Borrower, 1_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 secured by this Mortgage, not including sums advanced in aecordana herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS---". - 22. Release, Upgn 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. Atooraey'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 gy an appellate court. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the Dresence of: ~ ~ w,~~.~wsky U`: Wtir aw (seal) ~Y ~ -eorrorwr ? cnfun . ~ . Rac e~~ WarsYiaws~ji STATE O'7~ ~I~~~1'~~,; ~7'7'~ I hereby certify that on this day, before me, an officer duly autho~d in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared G; , Wtirsh~wsky, ,tp~l , Rpch~~, ,w~$ha~~$y, , , , , his ,fife, , , , , , , , , , , , , , , , , , , , , , , , , to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that... ~eY.......executed the same for the purpose therein expressed. WITNESS my hand and oBicial seal in the county and state aforesaid this... ~~:a ................day of ......February ..................19....... My Commission expires: f~~~~~ , ~ . ?ubKc S~att of fhrido - of lose. Mr Caaw~ission E¦p'rq tiarcA 7, 1982 ~~~//1 ~ J . ~ 1 f - ~ ~ (SDece Below This line Reserve0 Fa Udder and Recorder) 1980 LIAR 13 AEI 58 f1LE0 AMC Ft~CGItQF 0 S ROGER POITRAS~~ CLERK CiRCU1T COURt 4'793;ZU «~K 32`7 ~~~E i049