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HomeMy WebLinkAbout1513y ~ ' ~!'~ t prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would bes then due under this Mortgage, the Note and notes securing Future Advances. if any, had no acceleration occurred; (b) Borraver cures all breaches of any other covenants or agreemenfx of Borrower contained in this Mortgages; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the rnvenatlts and agrexments of Borrower contained in this Mortgages and is enforcing Lender's remediex as provided in paragraph 18 hereof, including, but not limiteod to. reasonable attorney's foes; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage. Lender's interext 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 ss if no acceleration had occurred. 20. AsdgsurteM el[ Rents; Appoialrneat 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 possexsion of and manage the Property and to rnlkct the rents of the Property, including those past due. All rents collexted by the receiver shall be applied first to payment of the coats of management of the Property and collection of rents, including, but not limited to. receivers fexs, 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. Futw~e Advaaca. Upon request by Borrower, lender, at Lender's option within twenty years from the date of this Mortgage:, may make Future Advancers 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 indebtednerss secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, eacceod the original amount of the Note plus USS-------------~----------------~ ... ........................ 22. Release. Upon payment of all sums secured by this Mortgage. Lender shall release this Mortgage without charge to Borrower. Borrower shall pay aU coats of rernrdation. if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's foes" shall include attorney's fees, if aoy, which may be awarded by an appellate court. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the presence of: s... _ r.~ ~!.~~ .............. . RfVf)yt lC Of VPNf 7U c'ITY OF C•vnCA3 f rf EMBASSY Q~ THE ZTrtitEsar~ .. .. ..........Qe'X'd.. Pasgt~nio N. Incorvati -~ono...- r/~ .,/~~ ~ Q~ cr..o.~. ~ .'~'~ Gad Z.[0. J / ............ (Seal) Joseflna Incorvati ~o.rowa. I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the eotutty aforesaid to take acknowledgements, personally appeared.. ~s~sgUa4i:Vnlo .i9• . ~n~orgat:>l. ;3~d .......... . ...dose>:~na .incorvatis .bis. l~~>;e .:, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before; me that... th~Y.......executed the same for the purpose therein expressed . s'•""~, 6 and pf6cial seal in the county and state aforesaid this.....-.~ ~ 5th • . . • . • • day ~ .. ~- _ san ~Y~- n r :~.;t r~ •- "~ . . . .~~' - ........... ........ T... .. .............. ~s~ James T. Hog ~ce Cortsul of Tfie United States of America (Space Below This Line ResarvW Fa lender and Ratordth a~344 ~~~1~13 z ~~