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HomeMy WebLinkAbout0380 i prior to entry of a judgment enforcing this Mortgage if ~ 1 a) Borrower pays lender all sums which would he then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; th) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; Ic) Borrower pa}•s all reasonable expenses incurred by !.ender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph IK hereof, including, but not limited to, reasonable attorne}•'s tees; and (d) Borrower takes such action as Lender may reasonably rcyuire to assure that the lien of this Mortgage, l.ende~ 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 acceleration had occurred. 20. Assignment of Rents; Appointment of Receiver. As additional serurity hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph I R 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 1 K 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 colleted 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 un receiver's twnds and reasonable attorney's fees, and then to the sums secured h}• this Mortgage. The receiver shall he liable to account unl}• for those rents actually received. 21. Future Ad~~ances. Upon rcyuest by Borrower, !.ender, at tender's option 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 Mortgage when evidenced by promissor}• notes stating that said notes arc secured hereb}•. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including scans advanced in accordance herewith to protect the securit}• of this Mortgage, exceed the original amount of the Dote plus USS• . _ ....6,OOA.00 22. 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. Attorney's Fees. As used in this Mortgage and ~n 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 presen of: ~ . (Seal) wit es. • • - . `AVID A. PfOLYNEUX ~ -sorrower ~.1. ell . ~?is[_s~.~-G~ L ~ 1-~ (Seal) witn~s ~iARBARA A. MOLYNEUX ~ -sorro~er SOUTH CAROLINA _ . _ .fork.. _ _ ..County ss: STATE OF~~ I hereby certify that on this da}~, before me, an officer duly authorized in the state aforesaid and in the count~• aforesaid to take acknowledgements, personally appeared.. DAV)CD.A.. MOI.YNEUX_ arui .BARBARA.. A~ . aOLYNEUX, .his, wife , , , , , , , , , , , , „ 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 hand and official seal in the count~• and stag aforesaid this... , _ _ Sth ..day of ..........Noye~tber 19.. $Q ' :~fy Commission cxptres: 1/5/86 ~ ~ar4 ~ ~i~;. Natary Public 'Q.~A ~ ~s A • '~~f~i J ~ d,~ %'ri~ ..,~9,% ea• (Space Below This line Reserved For lender and Recorder) $ i~., r . I ~ + h $ ~ • d - n 7 - i SO'73'y3 ePNol~ 3~ 'duo' a!;!1'8;~e~~sgd aooK 343 NacE 380