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Commencing on f~~,„R ~ 1979, and continuing on the O~"'' 1
first day of each month thereafter for a period of 60 consecutive
months, Bears Nest shall remit to Liberty payments fn the amount of
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$ inclusive of interest at the rate of 128 per annum.
The aforesaid payment of $ q, 83.? shall be made in L
addition to the normal monthly installment payments of principal and
interest, together with escrow payments, called for in said Note and
said Mortgage and all payments shall first be applied to the Accrued
Sum, including any arrearages therein, and any excess shall be then
applied to normal payments on the Note.
All payments made .hereunder to amortize the aforesaid Accrued
Sum shall be applied first to interest and then to principal. The
aforesaid Accrued Sum only may be prepaid at any time, at par and
without penalty for prepayment. Provided further, all sums paid
hereunder with respect to the amortization of the aforesaid Accrued
Sum of $ shall be applied solely to the repayment and
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amortization of said sum. In addition, Bears Nest agrees to pay all
costs of collection of such arrearages and enforcement of this
Agreement including reasonable attorneys' fees incurred therein.
Lucille V. Costa and George A. Costa, individually, jointly and
severally, hereby specifically agree to guarantee payment of all of
said Accrued Sum, together with all costs of collection, including
reasonable attorneys' fees, that may be incurred by Liberty in
collecting such Accrued Sums and enforcement of this Agreement. The
Costas hereby agree to execute a written, Unconditional Guaranty, in
form and substance satisfactory to Liberty, simultaneously with the
execution and delivery of this Agreement, to effect the foresaid
Guaranty.
Nothing herein contained, nor any transaction related hereto,
shall be construed or so operate as to require Bears Nest, Costa, or
any obligor to pay interest at a rate greater than it is now lawful
in such case to contract for, or to make any payment or to do any
act contrary to law. The total charges for interest, and charges in
the nature of interest, for the transaction contemplated hereby, as
evidenced herein, and in the security instruments therefor, or
elsewhere, shall not, in the event of the acceleration hereof or
otherwise, exceed the maximum amount allowed by law, and
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