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HomeMy WebLinkAbout0861 I prior to entry of a judgment enforcing this Alortgrge if : t 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 occurred; Ibl Borrower cures s all breachex of any other rnvenants or agreements of Borrower contained in this Mortgage; tc) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing I_rnder's remedies as provided in paragraph !K hereof, including, but not limited to, reasonable attorney's tees; and td) Borrower takes such action as Lender may reasonably rcyuire 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 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 accelerauun had occurred. 20. AssiRnmeat of Reats: Appoialraeat of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provide) that &~rrower 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 payable. Upon acceleration under paragraph IR 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. A11 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 tees, premiums on receiver i hoods 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. Future Adv:nca. Upon request by Borrower, Lender, at Lender s optipn within twenty years from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall he secured by this I~1'ortgage 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•~Q~ORO.~ • • • • • • • • • • • • • • • • 22. Rtletue. Upon payment of all sums secured by this Mortgagt, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay aH costs of recordation, if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's tees" shall include attorney's [ees, if any. which may be awarded by an appellate court. - IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the Dresence of: r~J. ,t~,l . ~ ..McPhail (Seal) -~onowtr ~~~.......................(Seal) 1 Doris ~It. ~McPfiail .~o,rowar ` MICHIt;AN, STATE OF l~llfBlF . Ir}Y~?gstoA ...............County ss: I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared . JOIII!i , W, . McPHAII,. and DOIt~$ , . MkePT~., , , , , h~~,w~.fe, , , , , , , , , , , , , , , , , , , , , , , , , , to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that .....~Y..... executed the same for the purpose therein ! expressed. ~C. I WtrHESS my hand and ofi'icial seal in the county and state aforesaid this.......~9.-..........day of ~E:~ 19 8Q . - E My Commission expires: 9- (o - G3 i ~•ti•`ISinIL; Notary Public ~ ~ Cfl~ef3 }11n~ . . (Space Below This Line Reserved For Lender sod Recorder) • i f s 1 ~ f i • f t ~ , 1~ • BO(1K JJU PAGE • .