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HomeMy WebLinkAbout2074 •1 ~ prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender alt sums which wrould be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred: 1 b) Borrower curs all bresches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the rnvenagts and agreements o[ Borrower contained in this Mortgage and in enforcing Lender's remedies ss provided in paragraph 18 hereof, including, but not limited to, reasonable attomey'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 :nd 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 hereby shall remain in full force and effect as if no acceleration had oecut~red. 20. AsdpmeN o[ Reutr Appolalatest 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 tbey become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shalt 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 appliod first to payment of the costs of management of the Property and collection of rents, including, but not limited ta, receiver's fees, premiums on receiver's bonds and reasonabk attorney's fees, and then to the sums secured by this Mortgage. The receiver shalt be liable to account _ only for those rents actualty received. 21. F~tnre Adraneea. 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 interat thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At na 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, exnod 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. Attorney's IFeea. 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~j C~ ,v~ ~ . (Seal Ar ur P. Ackerman -$OR'0`r°r { tj; ~-~t~,`f ..(Seal) Winona B . Ackerman ~Of"D"`ef STATE OF f~E.G~t6G, North, Carol,'rq~, , f , , . ,Q~~ I hereby certify that on this day, lx:fore me, an officer duly autTiorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared...Acthur:.P... Ackerman • and .Wi.notaa• 8... • • • • . Ackerman, .bi s. ati.fe to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that....tht=y_ .....executed the same for the purpose therein expressed. ~1"'`l~VltifNF.sS ttis~.,hand and official seal in the county and state aforesaid this.......lsth .............day of t`~ rS M -~ttimi~one~tpuex: My Cc::~^'~:'.:~ _ . ~s laly 3 rog3 • ~ _ :fi . r+vi . ~ ~ ' flora Public i #}s. ~~~J ~ t. (spate Below This Line Reserved for Lender and Recorder) ,ant\, ~L_;ir;~ ~ ~ ~a ~ 1r 3a Ra.Ea I~NC PECtlttDf u ST.L~COUN~Y.F A. ROGER' Pl)IyRA~ Rl?COia YEPIFIf?.___,~" . 4'79932 a~ 327 ~acE 2073 . ~ =ate