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HomeMy WebLinkAbout0064 - . prior tD entry of a jttdgntent enforcing this Mortgage if: (a) BorraMer pya Lender au soma whidt would be that due ttoder tha Mortgage, the Note and notes securing Future Advances„ it any, httd rw sooekratioa oocttrred: tb) Borrower cvra all b+eacha of any other ooveaaob or agreatteats of Borrower cvataiaed in thh Mortpge: (c) Borrower pays sll reasonable expeasa incnmed Iry I.ender_in eaforciag the oovequyts and sgroeatatts grower oontabted is this Mortiys gad in eaforcing Lender's remedies as prm?ided sn paragraph l g hereof. including, but ant Waited to. rea:oosbie attorney's fees: and (d) Borrower takes such action as Leader may reasonably roquire to arcane tbst the lien ~ this MprtPBe, I.atdet's interest - in the Propect~ and Borrtrwer's obligation to pay the:tuas secured by this Mott~sge shsp ooath>•e ut>iaspiit~ea.' Upr4-such paymatt gad cttr+e by Borrower, ti>is Mortgage and the obligations secured ba+eby shall remain in full ~ ado eQeet as'if . no rwcekratioa hsd occurred. " " 28. Assigasr+eat et >~_AlloWt~M d Renirer. As additiottai sectuity haeuader. Borrower hereby. assigns to . Leader the r+ean of the Property, provided that Borroowef shall. prig to aooderatioa under paragraph 18 hereof or abartdon- meat of the Pr~opecty, have .the right to collect and retain such rents as they becoase due and payable. Upon aooekratton under paragraph 18 hereof or abaadormteat of the Property, Leader shag be entitled to have a , receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of the oast: of management of the Propaty gad oollectioa of rents. including, but not limited to, receivers fees, premiums on receiver's hoods gad ressoaabk attorney's fees, gad ~ then to the :urns secured by this Mortgage. 'Ibe receiver shall be W?bk to aooowtt only for those rents achtally received. _ - - 21. Ftitose Aivarces. Upon request by BonoMrer. Leader, at Leader's option within twenty yeas from the date of this - Mortgage, may make Fttture Advances to Borro~?er. Such Future Advances, with interest thereon, shop be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At ao time :hall the principal amount of the indebtedae:s secured by this Mortgage, not including sums advanced is sooordanoe herewith to protect the security of tha Mortgage, exceed the original amount of the Note plus USt... 2i itelease. Upop payateat of all sums secured by this Mortgage. Leader :f,all relaue this Mortgage without charge to Borrower: Borrower shall pay all costs of recordation, if any. - 23. A/tor~eyws Fees. As used in this Mortgage and in the Note. "attorney's fees" shall- include attorney's fees, if any, which may be awarded by an appellate court. It+ Wt•r[~rt~ WttEREOF, Borrower has executed this Mortgage. - - - Sigrted, seakdanddelivered - rn ' ~ Bruce F. f'leservey --___v' Bertha B. fyleservey .c~1:e _a°"~" a~-- STATE OF FiI~6~Ett?A, MEW .YORK ..yt' ~'1 y ~ - I hereby certify that oa this day,- before me, an ofl'ioer duly authorized in the state aforesaid and in the county 'aforesaid to take acknowledgements, personaDy appeared. Btl~e .F.. I'le~~~KeY. a>?d .6eCLha . 'i iylesecvey.,. hi.s .tri fe............., to me known to be the persoa(sj described is and who executed the foregoing instrument and acknowledged before ate that... tbe~ ......executed the same for the purpose therein expressed. WITNB9S my hand and oflicia! seal in the county and state aforesaid thia.......?~1~..13~~...day of - ...dM}h.. wad 19 MY~4 eipues: N'1 ~ lq~ ~ noarn Pudic ,~t,usattrr~l ~ . ~ l,;~•~~•,, ~t'l)f 4meW t~px3 ~ltuwo9 O 55S£89t+~ 7 : ~'c'~ _ , ~ Q v ~ttuno~ ~tuegll? ut t~.men~ .i ?-'r ~ ~ S" ~ I o ~A N?aN to eie3S '~!lgnd ti¢3oN ' r { A3ilve ~atiw . ; r . .1~ (Space aglow This l.ina Raanad For l,aiWM and Raooniar} • t ' ,.~~E volaoi~ '3~2i31d 12!O~ ; 1919_ ~P p~ ~ 46 3f1N3Ati 3~Nd~0 LT L~ ~ ' AN~dWO'J 3~NV21f1SNl 31111 OJV~IH~ Eo ~c~oEo a.~r~ c ~colrD ~al~t>:o 4S'T~25 836 PEE 64