HomeMy WebLinkAbout1485 3. To plsce and continuwfiy keep on the b~ild~ngs naw or hereaffar •1tu~t~ on said land and on •II equiprneM a~d p~.~on~lly eowr~d by thl~ rrwrtg~
p~, with •II premiums thareon pa~d in full, fire insurance in the usual standerd po~ky form, in • sum approvtd by the MORiGAGEE, ~nd windslorm
i~ur~nce in th~ usual ~tandsrd poGcy form, in s aum appraved by the MORTGAGEE, i~ iuth tompany or companin as tM MORTGAGEE may
dir~tl; •nd •It fir~r and windsrorm infur~nca po~iciea on ~ny of said build~nys, any interest therein or pert theraof, in the a~9rcq~1~ ~um afor~~aid ~
in ~xteu tMreof, sheh contain the wual uanderd mortgagee tlause or such othe~ clause ss tha 1Nortgagea mey requir~, makinfl IM lass ~nder a~d po1F
ti~s, each and ~vtry, payeble to said MORTGAGEE as its interest may appear, artt! each ar.d eveiy such po~~ty shall ba promptly ass:yned a~d dsliv~red to
~ny held by iaid MORTGAGEE as fur?her sec~rity to said mortgage debt, and, not le~ than tan (10) days in advance of the expiration of each policy, to dr
liv~r to uid MORTGAGEE a ran~wal thereof, togethu with a receipt for the premium of such renewal; and there shatl be rw fire or windsto~m in~u.ance
plaC~d on ~ny of taid b~ildirqs, any interett therein or part thcreof, unltss in the form and wilh the loss payable ai afo~eseid; and in ths event any ~um
of mo~~y becomet payabl~ undsr such polity or palicics said MORTGAGEE ahall have the opt~o~ to receive and apply the asme on a<count of the indabted-
neu secur~d haraby or ro permit said MQRTGAGdRS to reteive and use i~ or any part thereof for othc~ purposes, w~thout thereb~ waiving or ~mpair•
iny sny puity, lien or right under or by virtu~ of this mortgage; and in ths event ~aid MORTGAGORS shall for any reason fail to keep the said premiaes so
insured, or fail to deliver promptly any of said poli<ies of inturonce to said MORTGAGEE, or fail promptly to pay fully any ~remium therefor ar in any
resp~tt fsil to perfwm, discharye, exaCUte, effect, compltte, tomply with and ab~de by thif covenant, or any part hareof, said MORTGAGEE may place and
pay for tuch insura~te or •ny part thereof withoul waiving or affettinq any option, lian, equity, or riflht under or by virtu~ of this Martqaye, and tfie
full amount of each and avery tuch p~yme~t shall be immediately due and peyable and shall bear interrst from tFa dete thereof until paid at the rate ot
nine per centum par ennum nnd togethe~ with such interest shall be secured by the lien uf fhis mortgage.
4. To permit, commit or ~uffer no waste, impairment or detsrioration of said property or any part thereof.
5. To pay all and singular the tosts, charges and expenaei, including a reaaonable attorney's fee and cosh of ebstracts of title, incurred or pa~d al
~ny time by said MbRTGAGEE, becausa or in the svent of rhe faiture on tha part of the said MORTGAGOR to dvly, promptly snd fully perform, d~acharge,
execute, etfeci, complete, comply with and eb~de by each and every the stipulat~ons, agreemenrs, cond~tions, and covenenra of ~aid promizsory note and rhii
mortpage any or either, and aaid costs, cha~ge~ and expensee, each and every, thall be immediately due and payable; whether or not lhere be notite do-
mand, atfempt to collett or •uit pending; and the full amount of each and every such payment ahall bear interest from the dnte thereof until peid at the
rete of nine per tentum per annum; and all said costs, charges and ezpenses irxurred or paid, tegether with such interQSt, fhall be ~eturlyd by the lien of thit
mwtyaq~.
6. Th~t (e) in the event of eny breach of this Mortgage or default on the part of the MORTGAGOR, or (b) in the event a~y of said sumf of monay
her~in referred to be not prompt~y and fully paid within thirty (30) day~ next afrer the same severatfy 6ecome due end payable, without demand or notice,
or (c) in the avent each and every the stipulations, egreements, condltians and covenants of a~a~d promissory note and th~s mortgage any or either are not
~uly, promptly and fully performed, d~scharged, execured, effected, completed, complied with and abided by, then in either w any such event the said a~
preflate sum mentioned in said promissory note then remaining vnpaid, with interest accrued, and all moneys secured hereby, ~hall betome due and pay-
abla forthwitfi, or theresfter, at the option of said A50RTGAGEE, as fully and completely as if all 04 the said tums of money were origin~lly it~pulated
to be peid on such d:.y, anything in said promissory nnte or in this Mottgage to the co~t~ary notwithstandiny; and thereupon or thereafter at the option of
said MORTGAGEE, without notice or demand, auit at law or in equity, therefore or thereafter begun, may be prosecuted as if sll money tetured hereby
had maturrd prior to its institution.
f. That in the event that s! the beginn;ng of or at any time pending any suit upon this Mortgage, or to forec~ox it, or to reform it, ar to enfort~
eayment of any tlaims hereunder, said MORTGAGEE shall apply to the Couri having jurisdiction theraof for the appointment of s Receiver, tuch Court shall
forthwith appoint a receiver of sai~i mortgaged property all and sing~lar, incl~d~ng all and singular the income, profits, issues and revenues from whatever
source derived, esch end every o~ which, it being expressly u~derstood, is hereby mortgaged as if specifically set forth and deuribed in the yranti~g snd
hebe~dum clausas hereof, and such Receiver ahell have all tfie broad and effective funct~ons and power• in anywise entrusted by a Court tQ • Reteiver, and
•uch appointment shall be made by such Court as ar admitfed equify and a matter of ebsolute right to said MORTGAGEE, and wirhout reference to fhe
adequacy nr inadequaty of the value of the property mortgaged or to the soivency or insolvency of seid MORiGAGOR or the defiendanri, and that Such
rents, profits, income, issues end revenues shall be applied by such Receiver according to the lien or equity of seid MORTGAGEE and the practice of iuch
Court.
8. 1o duly, promptly and fully perform, di~tharge, p%CCUt@, effecr, romplete, comply with and abide by each snd every the stipvlationti, agreementr,
tonditions and covenanta in said promissory note and thia morrgaye set forth.
9. That in the e~ent the ownership of the mortgaged prem~ses. or any part thereof, becomea vested in a person other than the MORTGAGOR, the
MORTGAGEE, its successora ar,d assigns, may, without notice to the h10RTGAOR, deal v~ith s~ch successor or wcsessor in interest with reference to this
mortgaye and tha de61 hereby ae<ured in the same manner as w~th Mortgagor withaut in any way vitieting or dixharging the Mort9agors' liability hera
under or upon the debt hereby aecured. No aale of the premises hereby mortgaged and nu forbeara~ce on the part of the MORTGAGEE or its ~uccesson
or assigns and no extension of the time for the payment of the debt he~eby secured given by the MORTGAGEE or its successor~ or auigns, chall operol0
to release, diicharge, modify change or affett the original liab~iity of the MORTGAGOR herein, either in whole or in pert.
10. It i~ spec~fically agreed that time is of the easence of this contratt and that no waiver of any obligation hereunder or of the obliyetion fe-
cured hereby theil at any tlme thereafter be held to be a waiver of the terms hereot or of the Inatrument secured herby.
I 1. In addrtion to the foregoing monthly paym=nts of princ pal and interest reGu~red by the promfssory no!e secured hereby, mortgagor covenants
and agreea to pay to mortgagee with each menth!y payrnent an add~rional sum estimated by murtgagre to be equal to 1 j 12 of fhr annual cost of the follow-
ing:
A-All real property taxes levied or assessed aga~~st the abave described real estate.
B-Premiums on fire and windsto!m insurarce as herein requ~red to be carried on the ~mprovemen4e situate on the ebove described premises.
C- Premiums on such mortgage guaranty ir.surance as mortgagee shall from t me to time deem fit to ca~ry on the loan secured hereby.
Mortgagee shali from rime to time notify mortgagor ~n writ~ng of the amount due and payable hereunder and such sum shall thereupon be due and
payable on the due date of the next monthly payment and each successive month thereafter ur.til mortgagee shall notiiy morfoagor of a change in such
amount. Such sums shall be applied by mortgagee toward the payment of real property laxes, insurance prem~ums, and mortgage guaronty inai~rance
premiums.
IPJ WITNESS WHEREOF, the said MORTGAGOR has hereunto set his hand and seal the day and year first afo d.
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Siyn aled and `elivered in the presence of: vj'i ~ n"'!~ Seal)
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W tn C~ara Reg DuFresne
? ts..i~
Wi tna s s ~~a~)
STATE OF ~ NEW YORK , ~ "
~ ' S5.
COUNTY OF
sefo~e ~„e penonally a?ed C 1~2'B~H~i n A DLF're sn e~ A~ri d owr. -~„d
~Fws~w+~Fr, to me weli known and krto~vn ta me to be
the individualy described in and who executed the foregoing instrument, and acknowledged before me that 'Jie9 exetuted the same for the purpwe~
therein expros~ed. ~1nc~tfre~sa~~
wif~ rF-{he~u4~ ~F+'~'~"~^'s~P~''~~'snd prfvetr
e~nira~ian~y .ial`e~ ~asal~ew~. ~w froRrh~~-a~+i iw~b~wdreti~w+wk+lga'i w~behro ~F~1-sMe-c~esvte~l ~a+~tinaM~s~~? 4r~eFp rwd~v~Iwr
t~i{y .awc!-witi~ovt-~w~. ~ow~~i~?r ~ows~r++n~s ~ppr~ei?ewaior?,-or fre~-of sr-#ren? Ixr sei~d~hesba+ttlr
WITNESS my hand and offiua! seal this dey of n. .Qb A. D. 19~1~
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