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HomeMy WebLinkAbout2327 cure such default and all funds so advanced by mortgagor together with interest thereon at the rate of 1096 per annum shall be credited against the next installment(s) of interest and;principal due under the note secured by this mortgage. 5. Mortgagors shall have the right to prepay the whole or any part of .the unpaid balance of the indebtedness hereunder at any time without penalty under this mortgage. If mortgagor prepays the whole of the unpaid balance, mortgagee shall remit to the first mortgage out of said prepayment funds the unamortized principal balance of the first mortgage, together with accrued interest thereon, provided that mortgagors shall pay any and all prepayment penalties or charges required by first mortgage for prepayment of the mortgage. Any partial prepayment shall be applied against the sums last payable hereunder; and if the amount prepaid exceeds the amount determined by substracting the then unpaid principal balance of the first mort- gage, then such excess amount shall be remitted to the first mortgagee by mortgagee, provided that mortgagor shall pay any and all prepay- ment penalties or charges required by first mortgagee for prepayment of said mortgage. 6. Mortgagors and mortgagee covenant and agree not to enter into any agreement with the holder of the first mortgage modifying or amending any of the provisions dealing with payment of principal or interest thereunder without the prior written consent of the other thereto. 7. Pursuant to the provisions of Paragraph 3 of this Addendum, mortgagee agrees to keep the mortgagors advised of the amount of the tax and insurance escrow payment required to lie paid by the mortgagee to the mortgagors (Anthony N. Chiavetta, Anna M. Chiavetta and John J. Chiavetta), which payments the mortgagors shall make to the mort- gagee in accordance with the afore aid Paragraph 3 of this Addendum. 8. Mortgagee agrees to furni h the mortgagors any paid copies of the receipt for property taxes and/or insurance premiums or such other information which shall advise the mortgagors payment of said item and amount of same. i 9. Notwithstanding anything to the contrary herein contained, to the extent that the total interest received in any one (1) year exceeds the maximum rate permitted by law, then the amount so deter- s mined to be in excess shall be applied $n reduction of principal of ~ the note secured by this mortgage. 10. It is specifically agreed that time is of the essence and that no waiver of any obligation hereunder, or of the obligation s secured hereby shall, at any time, be held to be a waiver of the ~ terms hereof or of the instruments secured hereby. t 4 a 6 _ . ~ ~ S ~ 4424'75 2 9 '79 27 PM ..,~''g - 2 - ° R 3L17 ~F2327 daox . _ - - ~ _ _