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HomeMy WebLinkAbout0101 prior to entry of a judgment enforcing this Mortgage i(: (a) Bo~rower pays I_c~dcr all sums which would be the~ due under this Mo~tgage, tht Notc and notes securing Futurc Advanccs, if any, had no accrkration occurred; (b) Borrower cures al) brtaches of any other covenants or agreements of Borrower contaioed in this Mort~age; (c) Borrower pays al) reasonable ~ expe~ses incurrcd by I.eade~ in enforcing the covenants a~d agrcements of Borrower contained ia this Mortga~e and in enforcing l.eode~'s remodies as provided in pa~agraph 18 hercof, including. but not limitod to, reasonable attorney~ fe~es; and (d) 8orrower takes such action a~ Lender may reasonably require to assure that the lien of thit Morigage. I.ender's interest ~ ~n ~he Propetty and Borronrer's obligation to pay thc sums secured by this MortRage shall rn~tinue unimpairod. Upon such payment a~d cure by Borrowet. this Mortgage and the obligations securcd hereby shall rcmain in tull [orce and eficet as if ~ no aCCeleration had oecurrcd. 24• Asi~~eat ot Re~ AppMet~peaf ot Rtcelrer. As additiona! serurity hereunder. Borrower hercby assigns to Lender ttK nnts of the Property. provided that Bomower shall, prior to accekration under paragraph 18 hercof or abando~- ment of the Pmperty. have the rigAt to collcet and retain :uch rents u t,bey become due and payable. Upon acceleration u~der paragrnph f 8 heroof or abando~ment of the Property, Leoder shalt be tntitkd to have a receiver appointed by a ~ourt to e~ter upon, take poascssion of aod manage the Property and to colkct the rents of the Properly, including those past due. ~All ~ents collectal by the roceive~ shall be applied 6nt to payme~t of the coats ot manageme~t of tl~e Property and collection ot rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasons~bk attomey's foes, and then to the sums socured by this Mortgage. The roceiver sha!! be liable to accouat only for thaae reats actuapy roceivod. 21. Fohus Ad~a~eea. Upon requcst by Borrower, l.cnder. at I_ender's option within twe~ty years from the date of this Mortgage. may make Future Adva~ce.s to Borrower. Such Future Advances, with interest theroon, shall ix secured by this Mortgage when evideacoci by promissory notes stating that said notes are secured hereby. At no time shall the principal ~ amou~t of the indebtednas securod by this Mortgage, no1 including sums advanced in accordance herewith to protoct the security of this Mortgage, exoeed the original amount of the Note plus USS. :-cr- .-----c-r..-- 22. Releira Upc~ payment of all sums secured by this Mortgage. Lender shall retease this Mortgage v,-ithout charg~e ta Borrnwec. Bomower shali pay ali c~osts of recordatan, if a~y. 23. Attorsey's Fees. As. used in this Mortgage and in the Note, "attorney's fees" shall include attorney's foes. if any, which may be awardod by an appellate court. IN WITNESS WHEREOF, Borrower has executed this 11~iortga . Signed, sealed and detivered - . - in t resence of: . . . , . . . . . . . . . . . . . . . . . . . . - ank . Decembe . . . . . . . . . .-ear~w.. ~..~~i(.~/" / G d~-CF',s. ~ ...1~. Seal ) SoPi ~ E. ~December -aomo..? STATE OF ~ f ~1'T77 • NF,W YORK ~ . . . . . . . . . . . . . . . . . F :31?~SS . . . : . . COLIIty SS: I hereby certify that on this day, before me, an officer duly authorizcd in the state afore,said and in the county aforesaid to take acknowledgements, personally appeared. F'Y'~.~•. D~~g~be~;,r~c~,$p~,t~,.~..Dec~w~er, b7~S: Kl~e . . . . . . . . . . . . . . . . . . . . . . . . to me known to be the person(s) described in and who executed the foregoing instrument and acicnowledged before me that. . they. .,,eaeceted the saene for the purpose therein expressed. , WirHESS my hand and official scal in the county and stat • . . . . . . . . . . . . . . . . . . ay of : ..kS~,X ...........................19.T.Z.... ~ • My Commission eapues: 1 q 7~ ~j~! V . `J _ ` ~ . . . . . . . . . . ~ Public . . . . . . . . . . . . ; . ' ~ RC~E W. R4~1 . : ~ ; . Notary Fu~~.c. S,:.t~ Af 4++N ~bf~, . No. 2~-46i4~35 Ourl i~ i~W~ ~ ~ a••• ' . C~^ifi2:5Si0n ExD:tt3 1.:~•6't 3~ 7 _ t~ , (i ~ .i . " (Spsce B~low This Line R~s~tved For iender and RacorOeh fILEO ~tl~ RECOaQED ST. IUGE COUNTY FIA. ROGER PO11R~5 CIfPK C~nCUIt COURT . . air1~D Mn~ ! 2 I ~a PM'1~ ~ss~oo ~ - ao~~~8 ~ 101 .