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HomeMy WebLinkAbout1599 prior to rntr} of a judgment enforcing this Mortgage if: 1a1 &~rn~wer pays Lender all sums which would be then due under chi. Mortgage, the Note and notes securing Future Advances, it an}•, had no acceleration cx;curred; Ih) Borrower curet all breaches of any other covenants or agrermcnts of Born?wcr contained in this Mortgage; Ic) Burrower pays all reasonahle 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 t tt hereof, including, but not limited to, reasonahle attorney's fees; and Id1 Borrower takes such action as Ixnder may reasonably require to assure that the lien of this Mortgage, t_ender's interest ~ in fix. Properly and Borrower's ohligetion 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 nu accclcrauun had occurred. 20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provide) that Borrower shall, prior to acceleration under paragraph 1R hereof or abandon- ment of the Propert}•, have the right to collect and retain such rents as they bernme due and payable. 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 Propert}•, including those past due. All rents collected h}• the receiver shall be applied first to payment of the costs of management of the Propert}• and collection of rents, including, but not limited to, receiver's tees, -premiums on receiver's Iwnds 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 Advances. Upon request h}• Borruw•cr, Lender, at l.endcrsopfion-within twenty years from the date of this Mortgage, ma}• make Future Advances to Borrower. Such Future Advances, with interest thereon, shall he secured h}• this Mortgage when evidenced by promissor}• notes stating that said notes arc 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.18,~100:0(1 - • • . • . • - 22. Rekttse. 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, it any. 23. Attorney's Fees. As used in this Mortgage and in the Note. "attorney's feel ' shall include attorney's fees, if any, which may be awarded by an appellate court. IN WITNESS WttEREOF, Borrower has executed this Mortgage. Signed, scaled and delivered in ttte urescncc of: ~ i ~ .................(Seal) .R/obe~~rt J. ~er -e«row•. .~~.r. s5!~ . G; ~ui-~ .(seal) Betty D. Dt~ncher --borrower . • ICHIGAN, STATE OF Fes . ................Genesee ................County ss: r., ~ I hereby certify that on this day, before me, an officer dal}• authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared ..~i0$ERT. J.. AU80CH8R ditd .$ET'i'X. A...DI'JROCHER, his.wife to me known to be the person(s) described in and who executed the • foregoing instrument and acknowledged before me that...they.......cxecuted the same for the purpose therein expressed. z -,L WITNES my ha d and official seal in the county and state aforesaid this ~ ....~.?L .............day of - ~ . •-f . . 19.80 . ? - ~ My Commission expires: ~ !f fi ~ ~ l [Sglj Notary Public • .j ~l . ~ \ ~ _ . (Space below This line Reserved FM Lender and Recorder) • i I - I d k J i E ~3~0 P~i5~9 r - - -