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HomeMy WebLinkAbout0475 _ .,t prior to entry o[ a judgment enforcing this Mortgage if : 1 a) Borrower pay. Lender all sums 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) Harrower pays all rcasonahte 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 Properly 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 ~hercby shall remain in full force and effect as if no acceleration had occurred. 20. AssiRanteat of Rests; Appolettaeat 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. 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 bands and reasonable 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. FWure Advances. 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 titortgage 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 USS.38,7QQ.W 2Z. Release. Upon 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. Atooroey's Fees. As used in this Mortgage and in the Note, "attorney's fees' shall include attorney's foes. if any, which may be awarded by an appellate court. IN WITNESS WHEREOF, Borrower has executed this M ge. Signed, sealed and delivered in the presence of: Seal) rt M. S a Frac a ' .~G!r'!~!....... _ Robert G. McDonald / lia McDonald -eorrow.r / ~ .e~rG.. (Seal) An • ina Fracchia STATE OF FLORIDA .....................COUntyss: I hereby certify that on this day. before mc, an officer duly authorized in the state aforesaid and in the county C aforesaid to take acknowledgements, personally appeared f • • • • • • . • • • • • • • to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged .before me that ..............executed the same for the purpose therein expressed. WITNESS my nd nd ofTicial seal in the county and state aforesaid this.. ...~.e..~.~...........day of . 19 . ' r My Commission expires: /Yj~-~/ / q ' Nob Public . , ~ PAT l0Y E1MN ry ~ m 1~ ~r~itR4lM~MM~ ~ ~ (Spree Below This Line Reserved For Lender end Recorder) ~ STATE OF MICHIGAN COiJ1~Y OF OARI.AND _ r ~ The foregoing instrument was acknowledged before me this day of ~ , 1980, by ROB~SRT M. FRACCHIA and SANDRA FRAiCCHIA, his wife; ROBERT G. McDONALD and EMZLIA McDONALD, his wife; and ANGELItdA FRACCffiA, a single person. ~Q~ l;Cc~Iaiossion expires: ~ ~ r°1 g~ ~ Notary Public ~ C •,~a . paAbnd County. M1C11. ~R ,;4, f ~ Mr u~m E.~ ~ 1 ~ sooK 335 474 r= PLACE ,i,-~. r ~ J