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HomeMy WebLinkAbout0861 prior to entry of a judgrrtent enforcing thk Mortgage if: (a) Borrower pays lender all sums which would be then due under tha Mortgage, the Note and notes securing Futuro Advances, if any, had nQ aeoeleration occurred: (b) Borrower cures all breaches of any other eovpnant: or agreement: of Borrower contained in this Mortgage; (c) Borrower pays all rea:ottabk expenses incurred by~Leoder is enforcing the covenagts and agreement: of Borrower contained in this Mortgage srtd is enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to. reasonabb attorney's fees; and (d) Borrower takes wch action a: Lender may reasonably require to assure that the lien of thk Mortgage, Leader's interest in the Property and Borrower's obligation to pay the sums secured by this Mortpge shall continue unimpaired. Upon such paymatt and cure by Borrower, this Mortgage and the obligations secured hereby shall remain is full force sad effect as if no accekation had occurred. 21. Aadpa•erlt of ReMq A~poidaseW of Receiver. As additional security hereunder. Borrower hereby assigns to Lender the yenta of the Property. provided that Borrower shall, prior to accekration under parsgraph 18 hereof or abartdaa ment of the Property. have the right to collect sad-retain such rents u they become due and payable. Upon aetxleration under paragraph 18 hereof or abandonment of the Property. Lertdec shall be entitled to have a receiver appointed by a.eourt to enter upon. take possession of and manage the Property and to eolkct the rents of the Property, including those past due. All rents collected by the receiver shall be applied Arst 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 bonds and reasonabk attorney's foes, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. Frtare Aivaneas. Upon request by Borrower. Lender, at lender's option within twenty years from the date of tha 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 aeoordaooe het+ewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS. 22. Reltese. 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. Altoraey's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any. which may be.awardod by as appellate court. - IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivet~ed in the presence of: ..................(Seal) ohn E. Daugherty .-ao.ro... . (seal) ~Vir ~ ~ia ~H. ~ Daugherty ~o.rtw.r v STATE OF Y~l~......... Alaska ~ ~,~a: I hereby certi[y that on this day, before me, an officer duly authorized in the state aforesaid and in the cotutty aforesaid to take acknowledgements, personally appeared..~4~R ~ ..j?~?118~1CJ4~iY.tK1S~.11.i.~~II3.0. A~ . Dtlgrty,,, his,wi_ a to me known to be the person(a) dtsicribed in and who executed the foregoing instrument and acknowledged before me that...#rkt~Y.......executed~the acme for the purpose therein expressed. hand and official seal in the_ county and state aforesaid this....... lst , , , , , , , , , , , , ,dy of f. 19. 'G.1 ' - ~ r.- ~V~ ~ v' Notw7/ Pu01ic . ~L~~.•.. • , . _ i,. _ (aptoe Below TAis lint RtsMVW Foy LAWN tnd RtoerOtq f~t>:s< Vot1~O'13 '3~a31a 1~f03 . ( 3nP7:: ,~:~SydO LTLZ 1980 SEP 24 AH 9~ 23 ANbdWO~ 3JiJ~/2inSNl 31111 O`Jb~IH~ FItl:O pNC R: cak~~o . S ROGER PO TRASH I CLEPK CIRCU11 CO'JFI RECGRII~'f?'~tE!1_ C . ~ 5006 • BOOKJr~ PAGE OV~