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HomeMy WebLinkAbout1499 t • ~ Z i,1 prior to entry of a judgment enforcing this Mortgage if: (a) Horrowar pays Lender alt sums which would be then due under this Mortgage, the Note and notes securing Futuro Advances, if any, had no acceleration occurred; (b) Borrower cura all breaches of any other covenants or agreement: of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader is enforcing the covenants and agreement: of Borrower contained in this Mortgage and in enforcing Letider'a ranalies as provided in paragaph 18 hereof, including, but not limited to, reasonabk attorney's feet; and (d) Borrower takes:uch action as [.ender may reasonably require to assure that the lien of this Mortgage, Lender's interat in the Property and Borrower i obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and eQed as if ~ no aocekratiou had occurred. 21. Assipaseal at ReaNs; AppiataaeN of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the tents of the Property. provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandoa ment of the Property, have the right to rnlkct and retain such rents ac they become due and payabk. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall 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 Rrst to .payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's foes, premiums on receiver's bonds and reasonabk attorney's foes, and then to the sums secured by this Mortgage. The receiver shall be liable to account - only for those rents actually received. 21. Frtere Adva~ee~s. Upon request by Borrower, lxnder, at Lender's option within twenty years from the date of this Mortgage, may make Future Advancers to Borrower. Such Future Advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes arc secured hereby. At no time shall Lhe principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance herewith to protect the i security of the Mortgage, exceed the original amount of the Note plus USS... 1 22. Release. Ups payment of all sums secured by this Mortgage, Leixkr shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. Altorney*s 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. ~ i Ix WtTt~t~cc Wt+Fte~nF, ~irrpwer has e:ceuted this Mortgage, Signed, sealed and delivered - i in the presence of: ul ino geyes -eor'0w" ~ r ~ Lydia Reyes ~ STATE OF , ........NEW- YORK ~'~.':'°...:";~?'.rs-°~y ...¢¢V~ SS: i v I I hereby certify that on this day, before roc, an officer duly authorized in the state aforesaid and in the cotutty ~ aforesaid to take acknowledgements, personally appeared..P.aul i no. Reyes. and .Lydia. Re)tes, . his....... ~ ..wife to me known to be the person(s) described in and who executed the ~ foregoing instrument and acknowledged before me that...they.......executed the same for the purpose therein expressed. WITNESS my hand and official seal in the count~+ and state aforesai 27.th ...........day -of ..Feb.r-uacy 19..80... f My Commission expires: ~ ~ ~ ~ y , IMN0. Sw d P1wi jl~ • _i _ _ _ ~ ~ ~ - ~ - z err. :,ar?u'w / ~ • (SV~e Below This Lins R~rwd For Lender and Rstorder) I DSt~£fi H^f'ln~~ `~"'?~1?!c! '1L'03 4~~a3a~'7 : St~l r:>~ ~ f I ~i.1=gi1~~'F~'~-- E f - ' • ~ BIjOK 328 PAGE ~4~ F