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HomeMy WebLinkAbout1448 ' l NoN~UNiFORM CovE!~A!~TS Borrower and Lender further covenant and agree a~ fofloy~s: 19, Acceleration; Remedits. Lender shall give notice to Borrowet prior to s~ccele~ation foltowing Borrower's breach of any coreaaat or agree~nent in this Secu~ity Instrumeat (but not prior toaccele~ation urtder paragrsphs 13 ~nd 17 unless applicable taw pro~(des otherwise). The notice siiaall specify: (a) the dehuih, (b) the action required to cure the defautt; <c) a date. rtot lesa than 30 days trom the date ihe notlce is girea to Borrower, by which the default must be cured; and (d) that lailure to cure the defsult oa or bttore the date specifled ia the notice nwy result in ~cceleration ot the sums secured 6y this Security Iastrumeat, toreclosure by judicial proceeding and sate of the Property. The notice shalt furthe~ Iniorm Borrnwer ot tbe ~ig6t to relastate atter acceientioa and the right to assert ie thc torectosure proceeding the non- existence of a default or any other defiose of Bon~awer to ~ccelentioa aed toreclosure. lt the detault is not cured on or betore the date speciHed ia t6e notice, Lender at ita option ieay requtte Immedlste p~yment in full of all sums sECUred by this Security Instrument wltbout lurt6er dea~and and awy toreclose tais Security lnst~ument by judicial proceeding. I.ender shall be eatitled to coilect all expeaaes incurced in pursuing the remedies p~ovided in this paragraph 19. iacluding, but not limited to, ~easoaable attorneys' tees aad costs ot title e~idence. 20, Lender ie Possaaioo. Upon acceleration under paragraph 19 or abandonment of the Properiy, Lender (by judicially appointed receiver) shall bc entitled to enter upon, take possession of and msnage the Property and to Coilect the rents of the Property including those past due. Any rtnts collected by Lender or the receiver shall be applied first to payment of Ihe costs of management of the Property and collection of cents. including. but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Releage. Upon payment of all sums secured by t6is Security Instrument. Lender shalt release this Secarity Instrument without charge to Borrower. Borrower shail pay any recordation costs. 22. Attatneys' Fees. As useci in this Security Instrument snd the Note, "atiorneys' tees" sha1) include any attorneys' fees awarded by an appellate court. 23, Ridas to this Seeurlty lastrument. lf one or more riders are executed by Borrower and recorded together with ~ this Security Instrument. the covenants and agreoments of each sueh rider shall be incorporated into and shall amend and supplement th~ covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Chxk applicable box(es)] ~ Adjustable Rate Rider ~ Condominium Rider ? 1-4 Famity Rider Graduated Payment Rider Plannod Unit Devdopmtnt Rider r] Other(s) [specify) BY SIGNING BE[.ow, Borrower accepts and agroes to the terms and covenants contained in this Security lnstrument and in any rider(s) eaecutcd by 8orrowtr and recorded with it. Signed, sealed and delivered in the presence of: ~ ' ~ (Seal) , . ~ T- J8 W. HCGauley -earowe. . ' ` /.~.lG ~sea~~ ' o ores A. McGauley -ea.owe* -~9o..oMro+ (Seal) -8o.rower [Space Beio. Tfrs l.ir~ For Atkno.leQ~mentl k . ~u STATE OF ~9i!!9#, Sa-~~ pcn~sy/vQiu c~. x County ss: 1 hereby certify that on this day, before mc, an oftricer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared James W. McGauley and Dolores A. McGauley husband and wife , to me known to be the person(s) described in and who oxecute~i thc foregoing instrument and acknowledgcd before me that they exeruted the same for the purpose therein expressed. W~TNESS my hand and officia! seal in the county and state aforesaid this aZv~n d day of January , 19 90 My Commission exp~ra~. ' Notary P~+b1ie . t`,~~.r,:./ "~'~r~;. N07ARI/4t S~A~. J.'':;~`~;.~~~!:~ pEgp~~w ~ yv~U~, ~t~ ~ _ ~ , ~r r?~ s . ~i~f ~ ~~/y~~}/~\~/~~ ~y~~y " ~ f~~ttjP~1~:~~'~I • i~~~fIVKfVnl~~ ~ CWf\~1 : ~~u 7'~ ~ f~~ _ ~ C~++~~1an E~irra Ocwbr? 4. 1993 - ,z, s'{.-. ~at;. - c' _ . . V '~'~s~:'~~3Y~~~~ 0~..~r . . . ~,7y. . , . . ~ooK6?4 ~?~E~4~8 - - . - ~ ~ - _ . . . . . .~~.~~,~.~~~?i